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CEASE AND DESIST TO A COLLECTION AGENCY - Letter |
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Written by Administrator
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Saturday, 19 July 2008 12:39 |
Under the Fair Debt Collection Act, you have the right to ask the collection agencies to stop contacting you—and they must comply with this request. Here is a letter you might use as a guide. Keep a copy for your files and send the letter registered mail.
Your Name
123 Your Street Address
Your City, ST 01234
Cheatem Collections
123 Fagetaboutit Ave
Chicago, IL 00001
Date
RE: Account XXXX-XXXX-XXXX-XXXX
Dear Sir or Madam:
I request that you CEASE and DESIST in your efforts to collect on the above referenced account (see letter attached). It is my personal policy not to deal with collection agencies and I will only deal with the original creditor of this account.
You are hereby instructed to cease collection efforts immediately or face legal sanctions under applicable federal and state law.
GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES.
Cordially,
Your Signature
Your Name |
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Last Updated ( Saturday, 19 July 2008 12:42 )
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Written by Administrator
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Saturday, 19 July 2008 12:34 |
Here is a kinder, gentler version of a debt settlement request. Notice that it is asking for a signed version of the agreement before any money is sent. I happen to know that this letter worked for the writer.
Dear Creditor
It has been a pleasure working with you & I thank you for working with me on this. As you are aware, over a year ago I suffered a few setbacks that severely impacted me financially. To the effect that it has led this account to being in state that is in. Unfortunately it has left me with little resources to satisfy this account and a host of other creditors that I am in the same position with.
Going forward, I feel obligated to your company and want to make in effort to settle this for $__ dollars as payment in full. In addition, any references to late payment or charge off regarding this account are removed from my credit file.
If these terms are acceptable to your company, please sign below and return a copy to me. Upon receipt of this acknowledged agreement, I will express you a money order in the amount stated above.
Read, Approved and Accepted by:________________ Date:_____
Sincerely
Your name
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Written by Administrator
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Saturday, 19 July 2008 12:32 |
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
- What the money you say I owe is for;
- Explain and show me how you calculated what you say I owe;
- Provide me with copies of any papers that show I agreed to pay what you say I owe;
- Provide a verification or copy of any judgment if applicable;
- Identify the original creditor;
- Prove the Statute of Limitations has not expired on this account
- Show me that you are licensed to collect in my state
- Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
- Violation of the Fair Credit Reporting Act
- Violation of the Fair Debt Collection Practices Act
- Defamation of Character
- If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Best Regards,
Your Signature
Your Name |
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DEBT VALIDATION - Sample Letter |
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Written by Administrator
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Saturday, 19 July 2008 12:25 |
Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I have been the victim of identity fraud, and I believe this debt is one of the debts which resulted from my identity theft and was falsely taken out in my name. This letter is being sent to you in response to your attached letter. This is not a refusal to pay, but a notice that your claim is disputed.
Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Below are a few questions to answer which may help you to resolve these mistakes.
You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. I’m sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.
In addition to the questionnaire below, please attach copies of:
• Agreement with your client that grants you the authority to collect on this alleged debt
• Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.
• Any insurance claims been made by any creditor regarding this account
• Any judgments been obtained by any creditor regarding this account
Best regards,
Your Signature
Your Name
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CONTACT YOUR CREDIT CARD COMPANIES - Letter |
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Written by Administrator
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Saturday, 19 July 2008 12:18 |
If you are having trouble making your credit card payments, you may want to contact them and ask them if they can work out an alternate payment plan for you, reduce the interest rate or even the debt. But you will have to explain to them the circumstances you are in to convince them.
Company
Address1
Address2
City, State Zip
Date
RE: Account XXXXX-XXXX-XXXXX
Dear Sir/Madame:
I am currently undergoing some financial difficulties and I fear I will no longer be able to make my monthly obligations to you. I don’t want to declare bankruptcy, and I feel a moral obligation to try and work out something with you so I will not have to default on this debt. I would like to work out an alternate payment plan with you if possible.
I would like to propose that you close my account, waive the interest payments and accept a new balance of 50% of what I currently owe. I can make a monthly payment of <state payment, should be between $50-$100>.
Here are the circumstances in which I find myself.
<Write the reasons for your trouble. Make sure that circumstances included here sound like they were beyond your control, not that you spent too much money and now can’t pay it. Any medical hardships, divorce, thefts, accidents are especially good here.>
I’m sure you will agree that the situation I described above has forced me to this point. Please feel free to have one of your representatives call me and work out a final plan. If you feel you can’t work with me, I will be forced to default on this account and pay creditors who can work with me. Thanks for your time.
Sincerely,
Your name |
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Last Updated ( Saturday, 19 July 2008 12:22 )
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Sample Dept Repair Letters
