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| | Federal
Laws that govern credit card companies, banks and debt collectors: Understand
Your Rights! 
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Cease
And Desist Letter This
cease and desist letter only applies to third party debt collectors and not original
creditors. Do not send this letter to an original creditor as the Federal
FDCPA law that helps protect
you from being contacted by annoying debt collectors does not apply to original
creditors. More about debt collectors. Debt
collector's name Debt collector's address [We
suggest you fax or send by certified or overnight mail so that you have a record
of RECEIPT by the debt collector] Re:
[account number] Ladies/Gentlemen: Please
be advised that we dispute the claimed debt(s) described above. Please
provide any contract or agreement we signed and an account history showing how
you arrived at the conclusion that we owe the amounts claimed and when this alleged
debt(s) was charged off. Furthermore, you are hereby requested, as required by
the Uniform Commercial Code, to provide copies of assignments and other documents
showing that you or your principal is in fact the assignee of the debt(s) described
above and that you are legally authorized to attempt to collect the claimed debt(s)
from us. Unless and until such proof is furnished, we do not recognize any right
on your part to attempt to collect any amount from us through any means whatever,
including credit reporting. We
refuse to pay any debt which has not been substantiated in the manner we request
and direct you to cease further communications unless and until you can provide
such substantiation. Thank you. Sincerely, [Sign] Cease
and Desist Letter (Word Doc)
Notice:
You may not have a legal obligation to pay a debt purchased by a third party debt
collection organization. You may not maintain a contract with a third party debt
collector. A third party debt collector will attempt to engage you in a contract
based on the potential statements you
make while communicating with them and actions you take such as making payments.
Do not engage in any conversations with a third party debt collector. Do not admit
that the debt is yours. Make the pursuing
debt collector substantiate that they are legally allowed to collect on that debt.
This cease and desist letter can help you accomplish that.
Warning:
Do not send this cease and desist letter to an original creditor. The Federal
FDCPA law to empower cease and desist does not apply to them. By doing so, the
original creditor may believe that you are trying to avoid paying your debts.
Then in most instances, they will immediately send your account to a high priority
debt collection file, usually with a local debt collection attorney that commonly
summons debtors to court.
Why
do other debt settlement companies send out cease and desist letters to original
creditors such as American Express, Capital One, Chase Bank, or Bank of America?
Put simply,
because they are not consumer law attorneys and don't know exactly what they are
doing. Probably because they read it on the internet somewhere from another misinformed
person. It seems that sending out cease and desist letters to original creditors
has snow balled into a common trend amongst consumers and non attorney managed
debt settlement services. Unfortunately, sending original creditors cease and
desist letters is usually the number one reason why many consumers get sued. May
a debt collector continue to contact you if you believe you do not owe money? A
collector may not contact you if, within 30 days after you receive the written
notice, you send the collection agency a letter stating you do not owe money.
However, a collector can renew collection activities if you are sent proof of
the debt, such as a copy of a bill for the amount owed. FTC Can
you stop a debt collector from contacting you? You
can stop a debt collector from contacting you by writing a letter to the collector
telling them to stop. Once the collector receives your letter, they may not contact
you again except to say there will be no further contact or to notify you that
the debt collector or the creditor intends to take some specific action. Please
note, however, that sending such a letter to a collector does not make the debt
go away if you actually owe it. You could still be sued by the debt collector
or your original creditor. FTC |
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