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MerMaidBlu's avatar

What happens when a debt collection company ignores a cease and desist letter?

Asked by MerMaidBlu (426points) October 20th, 2010

I made the mistake of taking out several payday loans and am currently attempting to get out of it. I have sent them all cease and desist letters in order to eliminate being called at work if I don’t answer my phone or call back within ten minutes of them calling me. One specific place is calling EVERYDAY as well as announcing who they are to co-workers that answer the phone. From what I’ve gathered their actions are not only harassment but also considered illegal once I have sent the cease and desist letter. I have also repeatedly spoken to them to stop calling me at work. What is the next step? This has got to stop. Now.

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10 Answers

Austinlad's avatar

Lawyer. These calls threaten your job.

mrlaconic's avatar

I would like to reccomend you go check out Debt Care Forums they have all sorts of tips for how you can deal with this kind of stuff.

IchtheosaurusRex's avatar

File a complaint with the phone company and your state’s attorney general. If you tell them not to call you, they are supposed to stop. However, you are dealing with bottom feeders who will stop at nothing to collect whatever they can.

MrItty's avatar

A cease-and-desist letter from you carries no weight. A cease-and-desist letter from a lawyer or a judge does.

iamthemob's avatar

Pay day loan officers are the worst, as mentioned. But the letter from you does carry legal weight at least. They are bound to stop contacting you. And the strategy of calling anyone else but you is illegal in any sense. Check out the FDCPA to start, but there are also state guidelines.

If possible, this would be a good time to consider talking to a lawyer. In these cases, there are many who would offer free consultation to explore your rights.

Also, know that many states allow you to record the harassment and use it as proof against the creditors. See if your state does, and start building a bigger, badder and better paper trail against them.

YoBob's avatar

What @MrItty said… (Good to see you here on Fluther. Is AV still around?)

The bottom line is that you borrowed money from these folks that you haven’t paid back. It is going to take a little bit more than sending a letter asking that they stop calling you to resolve this one.

Your two basic choices:

1) Hire a lawyer (which is likely to wind up costing you more than you owe, plus you have little legal leg to stand on since you did, in fact, borrow the money and agreed to the terms of the loan)

2) Pay them what you owe. Chances are they might even work out a payment plan with you.

diavolobella's avatar

What iamthemob said.

WestRiverrat's avatar

Talk to someone at the State Attorney’s office.

iamthemob's avatar

Just know that you have a major legal leg to stand on. Behaving in the manner you’ve laid out, these people have violated a whole bunch of laws…and they rely on the fact that people are too scared or feel too responsible to take legal action against them. Not only might you be able to absolve yourself of the debt because of what they’ve done (not saying you will be able to, but these infractions are crazy) but you may be able to shut them down completely.

The bottom line is they’ve more than likely broke the law. You’re in breach of contract, maybe.

MerMaidBlu's avatar

To clear up some things…I have had this particular loan with them for quite some time and have actually paid back at least 3–4 times the amount I actually borrowed originally. Interest rates have been raised. It’s gotten to the point where I can’t buy food or gas to get to work. Thank you everyone for all of your help. I’ve been looking at some of the recommended websites and you’ve all been very helpful. I also am trying to do as much additional research on the subject as possible and it can get a little confusing so I’m still open to recommendations or advice :)

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