Cease and Desist Letter

[southernbelle]

I was contacted by my credit union today by telephone at work. It caught me off guard since I've been able to avoid talking to creditors so far. She asked when I could make payment and for how much and I told her I would try to give them something on Friday, simply because I didn't want to have that converation at work.

I was able to get her name, phone number and fax number so that I could fax her then follow up with a mailed copy of a Cease and Desist letter not to call, but to write only. Will the fax work or will they still call until they receive an actual certified letter?

I feel awful because I've banked with them for so long, but I can't afford to keep paying them and I am waiting for my divorce to be finalized before filing BK. Thanks in advance.

[HHM]

Since this is the credit union, they are probably the originally creditor, thus, a C&D letter is not enforceable against them (at least not under the FDCPA). So in that respect, it really does not matter how you send the letter.

However, you should still send the letter.

[southernbelle]

Even though they are the original creditor, can I still write them a letter stating that I can't receive calls at work or does that mean that they can still call at work whenever they feel like harassing me?

Is there some other type letter I should send them that requrests that they only contact me at work?

[HHM]

Still send the letter, most creditors will honor the letter even if they are not bound to do so. Generally speaking, if you want them to stop calling you at work, you need to provide them with a phone number that they can call and most creditors will honor that request.

But, because we are dealing with the original creditor, the FDCPA does not apply. But, you may have some state laws to protect you.