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I am currently enrolled in a debt management plan and its going really good, except one creditor will not accept the plan, they receive my payments and cash them but they call me daily from at least 10 different numbers because they want me to settle, which I don’t want to do, and I have told them that multiple times. A counselor at the place that I have the plan with told me to send them a cease and desist letter, but I have no idea what to write on it. Help and advice would be appreciated. 🙂
I am paying the full amount through my plan, its through Money Management Inc.
It’s not the original creditor, and the reason they keep calling is because they want me to make a settlement with them, but I know its better to pay the full amount, and I have told them multiple times that that is what my plan was and I did NOT want to make the settlement. If the payments are not enough then they shouldnt be cashing them and applying them towards my account in the first place.

4 Thoughts on Help with a cease and desist letter?
  1. Reply
    Life Is Better After Retirement
    August 17, 2011 at 1:11 am

    Here You Go!!

    Collector’s Name
    Collector’s Address
    Mr./Ms. Collector,
    I am writing in response to your telephone calls to me. A monthly statement will suffice.
    According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805©: CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!
    In accordance with the federal FDCPA, now that you have received this “stop calling” letter, you may only contact me to inform me that you:
    •are terminating further collection efforts;
    •invoking specified remedies which are ordinarily invoked by you or your company; or
    •intend to invoke a specified remedy.
    Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.
    Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.
    Signature
    Your Printed Name

    Send it certified mail with a return receipt.
    Good Luck!

  2. Reply
    Debdeb
    August 17, 2011 at 2:11 am

    Here’s one I found on the internet: http://credit.about.com/od/debtcollection/a/ceaseanddesist.htm

    It uses swell words like pursuant. There are a bunch of them if you just search on “cease and desist letter”.

  3. Reply
    CatDad
    August 17, 2011 at 2:43 am

    Per your update, even if this is a certified non profit credit counseling service, a creditor has a right to not participate in the program. If you are way behind in your payments, like at least 3 months, then you need to realize that your credit has been damaged for 2 years regardless of what you do. If you can settle this account for less then it may be in your best interest. The firm you are enrolled with with not negotiate this for you as they are sponsored by the credit card industry. If you have money to settle up front for less, then try to do this. You want all terms in writing before you pay and you want them to note this on your credit report as “Paid/Closed” and not as R9 Charge Off. Negotiate this in writing.
    —————————–
    Regardless of the type of plan, your creditor is not obligated to accept payment terms from any 3rd party organization and if you’re in default it’s their right to continue with collections. If this is a large amount of debt and/or this is credit card debt, then I would advise to think twice about sending a “cease communications” letter. If you do this, then your creditor’s only recourse is to take legal action, and you may provoke this by sending this letter.

    If you want to do this anyway, then avoid sending any form letter that this long, legalistic or threatening in tone. Keep it simple in this format: Send the collection agency a letter via Certified Mail + Return Receipt (do NOT use regular mail) stating:

    Per the Fair Debt Collection Practices Act, cease all communications with me about this debt. Receipt of this letter is being time stamped by the USPS.

  4. Reply
    bdancer222
    August 17, 2011 at 3:40 am

    Is this the original creditor? The FDCPA only applies to third party collection agencies. It does NOT apply to the original creditor.

    Further, that counselor gave you some bad advice. Just because you are in a debt management program, does not mean you can force your creditors to accept the program. Obviously the payment they are being sent is not sufficient. You need to work out a settlement with the creditor directly. If this is an actual collection agency, sending a cease and desist letter could very well get you a lawsuit, since that’s the only option you leave the creditor.

    In any event, be very careful with form letters off the internet. They are chock full of bad info and tend to be very threatening. They are more likely to do more harm than good. Some of them will just give the creditor a good laugh.

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