Collection Agencies - Help! When is a good time to send a cease & desist letter? - Canada

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RE: Help! When is a good time to send a cease & desist letter?

Postby HankBlank » Tue Jun 04, 2013 02:47:20 PM

Yes, the FCAC is useless as they are an info commission only. Not sure what you expected from the federal ministers anyway since you know credit reporting is provincially regulated.

But who needs them when we had Brian Pitkin (A collection agent's best friend) up until his CBC fiasco with Erica Johnson.
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RE: Help! When is a good time to send a cease & desist letter?

Postby frankjr71 » Tue Jun 04, 2013 09:16:47 AM

I would lay low the best you can until July. Then send them a C/D letter, I can take a look at any templates you have and make suggestions for you.
All the C/D letters I have sent have been respected so far, provided that you send them to each agency's upper management and their respective regulatory and legal compliance departments, and send them via registered mail.

"Validation of the debt" is a concept that works well in the U.S., but that is because they have better rules due to the FDCPA (Fair Debt Collection Practices Act) and pay-for-deletion, etc. and the FCRA (Fair Credit Reporting Act). One can even sue and receive settlements for inaccuracies.
But alas, most posters to this forum don't live in the U.S.

Canadian provinces need to get their act together to enact similar legislation, instead of CA's abusing the system to stick hard inquiries on our reports. I say Canadian provinces because Harper's cabinet ministers are useless such as Phoney Tony Clement, and Jim Shoe Shine Flaherty and their ilk, and credit reporting falls to individual provinces anyways.
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RE: Help! When is a good time to send a cease & desist letter?

Postby MoneyTrouble » Sat May 18, 2013 01:14:16 AM

Thank you for replying. 2 month is still a long way to go for the SOL to kick in. Do you think I should try a debt validation letter to maybe temporary stop the house visits and give me some time. Cease/Desist letter scare me a bit as it might speed up a lawsuit. Or would it be best if I do nothing and let it play out.

Please advise.
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RE: Help! When is a good time to send a cease & desist letter?

Postby HankBlank » Fri May 17, 2013 08:44:32 AM

What is the name of the collection agency making house calls and who is the creditor?
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RE: Help! When is a good time to send a cease & desist letter?

Postby TJ.brooks » Fri May 17, 2013 08:32:12 AM

You can only acknowledge the debt in writing and if this is a house next time they arrive explain this is private property and you do not wish them there and you will have them charged for trespassing.
It is pointless to worry until such time as you have actually been served court documentation....which is doubtful...they more then likely would have by now.
Even if you were you will get a much better payment plan from the courts then from them.
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RE: Help! When is a good time to send a cease & desist letter?

Postby MoneyTrouble » Fri May 17, 2013 03:10:25 AM

My last payment was on July 15th, 2011.

I defaulted on about 6000 but, now it's more than 10k.
This agency just started harassing me in March with phone calls. Now they show up at my front doorstep 2-3 times in one day 2-3 times a week. I try my best to remain silent as I don't want to say anything to acknowledge the debt. I told them to stop showing up but, I knew that wouldn't work. That's why I was thinking about the cease and desist letter. I'm trying to stall until July'13 but I think it would be too late. I'm simply afraid what will happen to me.
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RE: Help! When is a good time to send a cease & desist letter?

Postby TJ.brooks » Fri May 17, 2013 02:56:32 AM

A letter will do no good....they never abide by them.
It is very rare that they show up at your door, although legal....I myself have never heard of or experienced it.
Simply close the door and with calls simply hang up.
Try to do all you can to stall for 2 more mths if you are correct about SOL.
You will then be in a much better position to negotiate a better settlement.
How old is this debt....be specific?
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Help! When is a good time to send a cease & desist letter?

Postby MoneyTrouble » Fri May 17, 2013 01:54:36 AM

Hello,

Recently, my credit card debt was transferred to a third party debt agency. This is the 4th agency that it has been passed to. I have received a letter in the mail requesting full payment. I have also received calls at home and at work. My family and friends also said they received calls. A debt collector just started showing up at the front of my door. 2-3 times in one day. Does home visit counts as part of the 3 unsolicited contacts a week they are limited to? The SOL is coming near in about another 2 months. I'm scared I will be sued which I don't think I can handle. Like everyone else I would like to pay but, I don't have money. Was planning to talk to them after the SOL expired but, these home visits are stressing me out. What would you say to debt collector that shows up at your house?

I'm thinking of sending a cease and desist letter and also a debt validation letter together. Is this a good idea? Will a cease and desist letter stop the calls and also visits to my door? I have read that once you send this letter the debt agency will decide to file suit. I'm afraid of that. What are your thoughts on this?

I have a letter ready but, I'm not a lawyer so, I'm worry that it's not quite right. Would anyone like to help me look it over? I can send it to your inbox. In case if I ever use it.

Ahhhh! What should I do?
Feel free to give me any advice good or bad.
Thank you!
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