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Stopping collection letters without any backlash

bourgogne
Valued Contributor

Stopping collection letters without any backlash

Hi,  thankfully not my account.  originator of the debt was boa.  $20K. dofd is over a decade ago.  no payments every made after the charge-off.  sold to Cavalry.  dropped off all reports on 11/2017.  individual is now getting collection letters monthly from an outfit called Radius to settle the account, etc.  There will be no settlement or payment of any kind going forward.  the question:  is there a clean way to stop all letters from these people?  I have heard do not contact them, resets the clock and all sorts of horror stories.  I know nothing about this topic which is the reason for my post.  Is the best advice just to ignore it, that they can keep selling the debt forever and therefore there is no way except paying it in full to make it stop?  Any comments or thoughts are most welcome.  Thank you.

Message 1 of 5
4 REPLIES 4
vntrsc
Frequent Contributor

Re: Stopping collection letters without any backlash

Your friend can send a cease and desist communication letter to Radius.  However, that will not stop future collectors who purchase the account down the road.   If other collectors continue him, he can send the same letter. 

Message 2 of 5
bourgogne
Valued Contributor

Re: Stopping collection letters without any backlash


@vntrsc wrote:

Your friend can send a cease and desist communication letter to Radius.  However, that will not stop future collectors who purchase the account down the road.   If other collectors continue him, he can send the same letter. 


Thank you.  I saw this but also noticed that nobody mentioned correspondence, the examples only seem to relate to phone calls.  thoughts?

Message 3 of 5
vntrsc
Frequent Contributor

Re: Stopping collection letters without any backlash

A demand to cease and desist all communications applies to both letters and phone calls.  

Message 4 of 5
RobertEG
Legendary Contributor

Re: Stopping collection letters without any backlash

A consumer has the right under FDCPA 805(c) to send a cease communication notice to a debt collector at any time, which therafter bars the debt collector from continued communiations with the consumer.

 

Such letters are commonly referred to as cease and desist letters, but that is a bit of a misnomer.

A consumer cannot require a debt collector to cease and desist from other legit collection activities that are not communications with the consumer, such as pulling their credit report or contacting third parties to attempt to locate you, provided they comply with FDCPA 804.  They can only rid themselves of communications from the debt collector.

If you wish to rid yourself of other legit activities, you must either provide some provision of your state law or you must pay the debt, thus terminating their continued collection authority.

 

Simply cite FDCPA 805(c) to bar them from continued communications.

I would make explicit reference to section 805(c), and send CMRRR to establish proof of their receipt.

 

Message 5 of 5
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