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Harrassing Phone calls from Citifinancial

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    Harrassing Phone calls from Citifinancial

    ok so i posted earlier about my deal. here is a sample online letter. anyone have any suggestions about it??




    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:

    1. Are terminating further collection efforts;
    2. 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
    Filed Jan 23rd, 2009
    341 meeting--February 24th--Went smooth
    :yahoo::yahoo:
    Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::

    #2
    Very nice. Get that printed, signed, and send Certified Mail Return Receipt tomorrow.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Looks good to me. Get it out tomorrow.

      Please keep the same subject in one thread, though. Thanks.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        o sorry about a new thread. will do next time.
        Filed Jan 23rd, 2009
        341 meeting--February 24th--Went smooth
        :yahoo::yahoo:
        Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::

        Comment


          #5
          That is a great letter except that it totally does not apply if Citi Financial is the OC. See the banks have very powerful lobbies and were able to make the FDCPA not apply to them. Mailing the letter certainly won't hurt but if the calls keep coming don't be too quick to spend money on filing fees for a lawsuit. The Fair Debt Collection Practices Act is designed to control debt collectors not the original creditors.

          Myself, when a bank calls me such as Premier Bank, HSBC or Crapital One... I politely tell them that I'm not willing to speak about the debt. However, if they still want to have a conversation we can talk about the whether, their favorite football team or the price of gas but I'm not answering questions about the alleged account in question. They try to ask a question or two but I take control of the conversation and ask; "Is it raining in <insert state they are calling from here>?"

          Comment

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