Should we send cease and desist letter

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Zoey
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Subject: Should we send cease and desist letter

Thu Jun 03, 2010 5:05 am

Hi,

A collection agency has been calling us and harassing us for a debtor who listed my husband as a reference (without my husband's permissions, of course). I guess this CA thinks we will tell the debtor "hey some CA is calling our house looking for you" which the CA must think will pressure the debtor into paying up. But we are not telling the debtor that the CA is even calling us. We don't want to give the CA that satisfaction. My husband never agreed to be a reference for this guy, so i don't know how they ended up with our name and phone number!

I know tactics like this are illegal (calling references to harass them on behalf of a debtor). and in some states people get $1000+ fines when CAs break laws like this. can i get such a reward, because this agency is bothering us, when they know perfectly well that we are not the debtor, and the debtor does not live with us?

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2675

48566 Magic Points

Subject: Should we send cease and desist letter

Thu Jun 03, 2010 9:21 am

Hi Zoey,

You can first ask them to stop calling you, and harassing you over the phone. However, first get the name of the collection agency. Also, remember to record the call if they ever become abusive. If they still continue to call you people, you can send them a certified cease and desist letter, mentioning that you can sue them for harassing you with debt calls, when the debt does not even belong to you. You can also file a complaint with the State Attorney General, and Fair Debt Collections Practices Act.

Thanks,

Aaron
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Subject: Advice

Fri Oct 01, 2010 5:55 pm

Send a cease and desist, and mention that your husbands name was mentioned fraudulently and should removed from their records. Problem is when a file is bought, the software scours the file for phone#s, names, addresses, etc and does skip tracing, and sometimes its hard to determine whats what

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