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Cease and Desist for original creditor

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deaver1004



Joined: 16 Jun 2009
deaver1004's page
Posts: 1



61 Magic Points

Subject: Cease and Desist for original creditor
 
Posted on Tue Jun 16, 2009 2:46 pm  

I don't think I am able to send a cease and desist letter to an original creditor. What advice do you have for a creditor that calls the day the bill is due, and continues until payment is received. In this instance, my payment is due on the 5th of the month. Yesterday (the 15th) this creditor contacted my parents to try to "find me". I pay within 30 days each month, but am extremely irritated with their tactics.
rachael



Joined: 11 May 2009
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Posts: 233



6576 Magic Points

Subject: Creditor harassing by calling very frequently
 
Posted on Wed Jun 17, 2009 4:39 am  

Hi deaver,

I understand frequent and unnecessary calls from creditors are annoying. Though you cannot send a "Cease and Desist Letter" to your creditor, you can write a letter asking them not to call you without reason. You must mention your name, account number and contact details. You can state in the letter that if the harassing phone calls continue, you may take legal action. You must send the letter through certified mail and retain copies of the same.

You can also contact your phone services and include your creditors number in the "Don't Call list". But this will stop them from contacting you, even if they have something important to convey. The next time your creditor calls, you can just tell them that you are recording the call (to use it as evidence in the court of law). Maybe this trick will work.

Keep in touch.
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Looking forward to a debt-free life.
San
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Subject: Cease And Desist
 
Posted on Fri Sep 24, 2010 10:39 pm  

The above answer is not correct - I worked for JP Morgan high risk collections for credit cards for over 7 years and many times I actully advised the person to send in such a letter return receipt requested - once the original creditor receives a cease and desist letter stating no contact via phone or maiil , they are allowed to contact you via mail one more time only to advise you of what steps they will be taking and usually by this time, they know if you have any money to even pay the debt and are attempting threat tactics - ck your state law as far as time frames for collection - in florida for instance the statute of limitations for the original collector is 4 yrs.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: cease and desist
 
Posted on Sat Sep 25, 2010 7:48 am  

Hi all,

Cease and desist letter cannot be sent to your creditor or collection agency if you legally owe the debt. The creditor or collection agency can sue you as a result of that.

Thanks,

Aaron
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cinnamngrl



Joined: 01 Nov 2008
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Posts: 1320



6413 Magic Points

 
Posted on Sun Sep 26, 2010 12:28 pm  

do you have all your credit reports?
what state
are you in?
what is the original creditor and the name of the CA?
what is the date of first delinquency? 30 days after last payment

each debt is different. it seems like the OP is currently paying on this debt.
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Subject: Cease & Desist
 
Posted on Fri Oct 15, 2010 12:33 am  

San, you are incorrect.

Look it up on the FDCPA's website, it's something like FTC.GOV

Original creditors are not legally required to honor such requests. You may have told customer to send in those letters and JP Morgan may have honored them, but they were not required to do so. What you stated about them being allowed to contact you 1 more time via mail, etc. only applies to debt collectors & collection agencies. The orginal creditor may continue to contact you via any means they have available for as long as there is an outstanding balance.

What Rachael said is correct though; You can send them a letter, or even call them & talk to them and request that they not do this. You can also just call them when your account is current and change your contact information, but as stated previously, that would also keep them from contacting you if they have a legitimate reason to do so.
matzcrorkz
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