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Geez!!!! My car payment isn't even late...though I owe them 66.00 in "late fees"....somehow, they managed to get my husband's cell phone number...I don't know how, and now they are harrassing him. Is this even legal? My lawyers are sending a letter to cease and desist calling me!
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Re: Capital One also sucks
Sat, February 4, 2006 - 6:27 PMLola and others, do not bother spending money with an attorney with debt collectors unless you have to. Here is a couple letters you can send to company's:
Sample Letter to Stop Debt Collection Calls:
Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
Mr./Ms. Collector,
I am writing in response to your constant phone calls!
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): 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 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
IMPORTANT: Always send stop calling letters by "official mail - return receipt requested" and keep a copy for your records.
Here is another letter to a company I have never heard of on my credit report. You can use this for any debt collection. Be advised that if the collector does not respond within 30 day; you owe them nothing. If they do not respond to this letter; mail your credit report with them on it, copy of your SS Card and Drivers license, any proof you have that this could NOT be your debt (tax returns or bills with date and address), a copy of this letter that was sent with a copy of the signed return receipt to the credit reporting agency asking they remove this debt from your credit report based on the fact that it had been more than 30 days since you sent this letter and received no reply. Also advise that the law states that you do not have to pay a debt in which you have no proof of debt from the company after 30 days. This law can be found in www.ftc.gov under debt collections. Also be advised that if you are getting calls from the company in which you did the business with and NOT a debt collector for the business; they can call you all they want within reason (i.e. no more than one time a day....you can call the FTC to be sure of this as well. here is the letter (edit to make personal to your situation):
Letter mailed 02/01/2006 Return Receipt and Certified USPS mail.
February 1, 2006
Christina M. Kennedy
Your address
Delta Collection Services
PO BOX 136
Stockton, CA 95201
AND
PO BOX 1474 Thousand Oaks, CA 91358
Re: Acct #
To Whom It May Concern:
This letter is being sent to you in response to seeing your company, whom I have never heard of before, on my credit report. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. I have also never received proof of debt from your offices to pay anything and you have illegally placed this on my credit report before sending proof of debt.
Please provide me with the following:
What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account;
Show me that you are licensed to collect in my state;
Provide me with your license numbers and Registered Agent
At this time I will also inform you that since your offices have reported invalidated information to 1 of the 3 major Credit Bureau’s (Equifax; I have disputed charge) this action might constitute fraud under both Federal and State Laws. Due to this fact, if the negative mark that is found on my credit report by your company is not removed immediately; I will not hesitate in bringing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Best Regards,
Christina M. Kennedy
I also sent this letter to a phone company I never had and got a letter back in 20 days saying they were sorry, removed my debt from their records, and would not report this to any credit reporting agency AND/OR remove it from all three credit reporting agencies.
I am very good with legal work so, if anyone needs help in this area, let me know and I can try my best to help.