Do you think this letter will stop creditor/collection calls?

[cupcake]

I found this sample letter in a book I have entitled, "Ask Suze" written by finance expert Suze Orman.

Her advice:



What do you think? Would this be a waste of a few postage stamps? Has anyone ever tried something like this?

[BigJohn]

I don't think this would apply to original creditors.

[magyar123]

Last sentence.........."through US Mail only". Can they conact you via email?? Is an email considered a legal way to correspond with you, or does it have to be first class US Mail??

[Lajazz947]

Orman is interesting. She has some sound advice but Google around and you will read examples of attorneys that state that she has given erroneous advice such as " you make too much money to file BK" all the while ignoring the little ins and outs of the process that a good attorney can work with.

She also advised a couple to sell one of their cars when I have heard that there is a possibility that it might be considered income.

She advised another couple to get third and fourth jobs, ON TV!!!!!!!

She has great budgeting advice but I take everything she says with a grain of salt.

I have read in some sites that these letters tend to cause quicker action to collect. I may be wrong and of course in abusive situations I agree with letter but I for one prefer to speak to the CA directly first and gauge the situation, warn them if they are rude and THEN pull out the 16 millimeter guns.

Just my two cents.

[AngelinaCatHub]

Orman is interesting. She has some sound advice but Google around and you will read examples of attorneys that state that she has given erroneous advice such as " you make too much money to file BK" all the while ignoring the little ins and outs of the process that a good attorney can work with.

She also advised a couple to sell one of their cars when I have heard that there is a possibility that it might be considered income.

She advised another couple to get third and fourth jobs, ON TV!!!!!!!

She has great budgeting advice but I take everything she says with a grain of salt.

I have read in some sites that these letters tend to cause quicker action to collect. I may be wrong and of course in abusive situations I agree with letter but I for one prefer to speak to the CA directly first and gauge the situation, warn them if they are rude and THEN pull out the 16 millimeter guns.

Just my two cents.

Thank you for your research. 'Hub

[AngelinaCat]

Last sentence.........."through US Mail only". Can they conact you via email?? Is an email considered a legal way to correspond with you, or does it have to be first class US Mail??

According to Consumer Advocate, Clark Howard, yes, it is US Post Office only.

[ssdsco]

I found this sample letter in a book I have entitled, "Ask Suze" written by finance expert Suze Orman.

Her advice:

"Make something very clear, a consumer should never have verbal dialogue with a collector under any circumstance! To consumers everywhere... NEVER CALL A COLLECTOR! WRITE TO THEM (return receipt) and tell them the following: [insert letter language above].

Dear Creditor:

As you know, Section 805a(1) of the Fair Debt Collection Practices Act states, “Without the prior consent of a consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with the collection of any debt at any unusual time or place or at a time or placed known or which should be known to be inconvenient to the consumer.” I am emphatically stating that my place of work, my home, or anywhere else regarding this matter is inconvenient to me. Your failure to comply with this request will subject your organization to civil liability under the Fair Debt Collection Practices Act, Section 813, which is $500,000 or 1 percent of your net worth, whichever is less.

All dialogue from this moment on will be conducted through the U.S. Mail only.

What do you think? Would this be a waste of a few postage stamps? Has anyone ever tried something like this?

As said above this would not apply to original creditors but for CA's I've used the following shorter version about 30 times.

"Per FDCPA I'm requesting that the only communication with me is done via US mail to the above address. No phone calls.''

I'm normally requesting a debt validation in the same letter.

[Frogge]

I agree I think this is not applicable for an original creditor. I also agree that Suze Orman is kind of hit and miss on her advice.. I saw an Oprah show where she advised a couple to move to Washington, told the SAHM to work at Starbucks to help with debt and the husband to start working another job. Some of the advice was good, but some was a little over the top, IMO.

[treehugger1]

There are several states that have state laws that also apply to orignal creditors and mirror the FDCPA. Check your state version of "fair debt collections."

[hnhlvr]

I agree I think this is not applicable for an original creditor. I also agree that Suze Orman is kind of hit and miss on her advice.. I saw an Oprah show where she advised a couple to move to Washington, told the SAHM to work at Starbucks to help with debt and the husband to start working another job. Some of the advice was good, but some was a little over the top, IMO.

Yep, suze is anti-bk. My husband was watching her on TV a few days back and there were callers struggling with huge amounts of debt and never once did she recommend any of them filing.

She suggested each person should have two jobs. On that show (on msnbc?) all the hosts were basically stating a person should slave 70 hours a week to pay off the big banks even if it takes 30 years. . .

[hnhlvr]

BigBoy2u - Yep, I agree with you 100%. Have you watched the movie, "Maxed Out?" The movie talks of all the credit card conspiracies and worse yet, shows those who've been victimized by the credit card industry to the point that they chose suicide rather than seek help (such as bk)! And, one guy, a college student, only owed $12,000 and he ended his life over THAT.

We're all taught that credit score means everything and without it, what is the point in living.

[JayJay]

On the contrary, I've seen Suzy mention to file BK one night. It was for a couple with a ton of college debt and she said to transfer some of that to some CC's then go with a BK. As far as I remember.......

[liz417]

On the contrary, I've seen Suzy mention to file BK one night. It was for a couple with a ton of college debt and she said to transfer some of that to some CC's then go with a BK. As far as I remember.......

I wonder if that would hold up? The cc would probably dispute this kind of transaction...but good idea!!!

[FreshLikeADaisy]

On the contrary, I've seen Suzy mention to file BK one night. It was for a couple with a ton of college debt and she said to transfer some of that to some CC's then go with a BK. As far as I remember.......

JayJay, I hope she didn't... or at least that anyone who takes her advice on that puts at least 6 months and some payments between that all-too-obvious transaction and their bk filing. (90 days is the min on cash advances, but I'd wait even longer if at all possible, at least 6 mos if not a full year.)

It's pretty obvious when someone uses credit to convert non-dischargeable debt into dischargeable debt, and the only real solution is to put as much time as possible between your bk and that transaction: people who have tried to do this with federal taxes on their credit cards have had to repay that entire portion of their debt (not all of it, just the amount that went to the IRS).

If you're remembering correctly, it kind of supports what Frogge and Lajazz were saying about her advice being hit-or-miss...