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#1
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Made Arrangements, Still HarassedWhat is the name of your state? Indiana Could someone please tell me where I could find a form letter for a Cease and Desist letter? I'm having trouble with a particular agent at USBank credit dept. Here is a little backstory: In early March, I recieved a call from a lady from their collection department. During the call, my cordless phone battery died. By the time I got to the base to turn on the speaker phone (downstairs), she had already hung up and was leaving a nasty message- stating that just because I hung up on her, did not mean that "this thing" was going to go away, in fact (she said) it was only going to "get a lot worse". When I called her back ( a few minutes later), she was cordial and didn't seem anything like the person who had just left the message. She said that she was calling to offer a re-aging program where we could pay $70 a month for three months and have our interest rate lowered. I agreed and arrangements were made. I took the payment in a couple of days later and assumed we were on our way to getting this bill knocked down some. Well, the following Monday, my husband recieved a call at work, threatening him about not making the payment. He is not allowed to take calls at work, and so I called and explained this to her, as well as telling her that the payment HAD been made, and that I had the reciept to prove it. She asked that we fax in a letter stating that he not be called at work. We did so, and I also verbally told her not to call there anymore. I also confirmed our date for the next payment of $70- April 15th she said. Last Friday (April 12) we recieved a letter thanking us for our first payment of $70, but that $270 was now due or else "further actions" would be taken.The letter was signed by the very same lady we had been "working" with. Our phone line was being worked on, and so I wasn't able to call her until Monday afternoon. By then, however, she had already called my husband at work -again- as well as called my parents house twice that morning( I had placed a call from their house once, that is the only way I can think of that she got my parents number)!!!! When I called her yesterday afternoon, I was very upset. I questioned her on the letter demanding $270, and she told me that she knew it was not true, but that she needed me to call her, and she figured a letter stating incorrect facts would "get my attention", she said that she had called my husband at work, even though she knew she was not supposed to, for the same reason!! She claimed that she had been calling me "for weeks" and that I never returned her call. I told her that she had never called me, and she said that she had left messages at my parents house- I told her that we DID NOT live there, and she told me that I didn't have to call her up and get an attitude. WHAT?!! She then proceeded to tell me that the $70 was due by 2 pm (it was already after 3), instead of the next day (the 15th like she had previously confirmed). My husband called her back and spoke with her supervisor, as well as sent a letter to the Attorney General. Should a C&D letter be my next step? Can I also include in the letter that they are not to call my husband at work? |
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#2
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| Is this caller (US Bank) your creditor or a 3rd party collection agent?? If they are your creditor, there are really few restrictions on them, including your right to a 'cease and desist' or 'not call at work'. However, if this caller is a 3rd party collector then they must comply with the FDCPA (Fair Debt Collections Practices Act) which restricts certain activities and gives you specific rights. Some of these are the right to demand that they 'cease and desist' further contact, and another is that they are restricted in calling the workplace once they are put on notice. An online copy of the FDCPA can be found at: [url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url] If they are in fact a third party, you can get lots of good information on how to handle them, including sample letters, at: [url]http://www.creditinfocenter.com/[/url] One final suggestion; ALWAYS get any agreement with them in writing. Have them FAX you a copy of anything that they agree to.... BEFORE you take any action.
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
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#3
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| Since you're still dealing with the original creditor, a C&D probably isn't going to be effective - they can basically do anything and everything they want to collect. Your first mistake was not getting the 'agreement' on the re-aging in writing. Its useless to make any sort of agreement over the phone. While a C&D doesn't have to be heeded by an OC, it may still work for stopping them from calling your husband at work. I did this once with an OC and they did stop.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#4
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| It is not an outside collection agency, as far as I can tell. It is the collection department at US Bank. So, is it too late to request the agreement in writing do you think? I'm not so much worried that they won't follow through on the deal, I just don't understand why she feels the need to have to contact me when we are making good on our agreement. She has outright lied- and admitted to it- in order to "get my attention". Yet she never says why she needed my attention. If we were'nt making the payments I would understand ( her extension number is 666, so maybe that is the reason right there ).Oh well, my hubby is taking a "sabbatical" from teaching for the next year, so that he can get a good paying job for awhile. We plan to pay off any and all CC debts and personal loans, then hopefully we won't have to deal with these kinds of people again. Lesson definitely learned! |
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