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whthdchl
Joined: 30 Dec 2008
whthdchl's page
Posts: 1
24 Magic Points
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Subject: cease and desist letter(hope I spelled it right)
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Tue Dec 30, 2008 10:35 pm
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| Can you send a cease and desist letter to deal with original creditor instead of collection agency |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Wed Dec 31, 2008 7:33 am
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Cease and desist letter can be send either to the original creditor or the collection agency if you think that you do not owe the debt. If your debt have been sold off to the collection agency, and the collection agency disturbs you for the debt without validating it, you can send a cease and desist letter which will stop them from harassing you further. But before sending a cease and desist letter you should be sure that you do not owe the debt as it will move your case into legal status and the creditor can sue you to the court after you send the letter.
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All the Best 
Justin |
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anthony
Joined: 31 Jul 2006
anthony's page
Posts: 550
13573 Magic Points
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Wed Dec 31, 2008 9:20 am
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Cease and desist letter is not sent if you want to come to a repayment deal with the creditor or the collection agency. If you want to come to a repayment agreement, you should first send a debt validation letter to the creditor or the collection agency to whom your debt has been sold by the original creditor. If they validate the debt within 30 days from the date of receipt of your letter, you can send them a pay for deletion agreement to settle the debt.
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Anthony Marx
A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible. |
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scott
Joined: 28 Jun 2006
scott's page
Posts: 462
10934 Magic Points
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Fri Jan 02, 2009 9:59 am
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Cease and desist letter should not be sent first. As Anthony said, send a DV letter first to check whether you really owe the debt to the creditor or the CA as the case may be. C and D letter can be sent to either the original or the CA whoever disturbs you for the debt without validating the debt. It is a legal letter and as soon as you send this letter, the creditor may sue you to the court.
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SCOTT
Use your credit account responsibly and enjoy a debt free life. |
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