Cease and Desist Letter

Posted by Osakisgirl (206.145.169.54) on December 13, 2003 at 12:15:33:

In Reply to: Re: Settlement Offer - Verbal only. Help! posted by CAK on December 13, 2003 at 12:06:18:

The text of the letter we sent (in addition to the paragraph cited in my earlier message) was:

"You are hereby notified under provision of public laws 95-109 and 99-361, also known as the Fair Debt Collection Practices act, that your services are no longer needed. This is your final notice.

Your organization may no longer contact me in any form concerning the above referenced account number. I will only settle this account with the original creditor.

Failure to comply with this law will result in my filing a complaint with the Federal Trade Commission and my state's Attorney General's Office. I will be detailed and pursue all criminal and civil claims against you and your company. I will also document all contact and record all conversations to enforce these laws.

If any negative credit information is placed with any credit reporting bureau by your company after the date of your receiving this Cease and Desist letter, a law suit against you and your company for all legal remedies afforded me by law will result."

We got the text from an online site.

What do we want to happen?
1. The harassing phone calls to stop (hence the letter)
2. A settlement to be reached.

We're willing to pay a settlement rather than the full amount both because we can't afford the full balance and because it's clear that making monthly payments will never clear the debt. They continue to find new ways to increase the balance -- raising the interest rates, changing the due dates, claiming they never received payment (though we have receipts in hand), stating that the local outlet center that accepted our payment didn't forward it to corporate in time, assessing a variety of fees and charges without explanation.

We strongly feel that we don't owe them anything, because the balance consists entirely of fees accrued through these deceptive and crooked practices, but we want to settle just to get them off our backs.

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