A Gift From The Credit Man!
If third party debt collectors are contacting you: exercise your rights! Copy, paste and edit the letter below......................
CEASE AND DESIST
DATE
COMPANY NAME
ADDRESS
CITY, STATE, ZIP CODE
RE: ENABLEMENT OF IDENTITY THEFT, WILLFUL NON-COMPLIANCE AND NEGLIGENCE
To Whom It May Concern and all agents thereof:
This is a notice for your company to cease and desist reporting all personal information as it relates to myself.
Who are you? I have never heard of you. You appear to be a third party agency trying to interfere with my commercial affairs.
I am NOT in receipt of a contract between your firm and myself bearing any signature which would obligate me to perform for you in any way. This corporation has committed mail fraud, which is a FEDERAL CRIME! Using the United States Mail to claim that DEBT COLLECTOR NAME was “engaged by” and therefore represents ORIGINAL CREDIT COMPANY NAME (which cannot be affected financially by the outcome of DEBT COLLECTOR NAME threatened litigation) in order to collect from me is not true, and therefore is mail fraud and a deceptive practice.
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692c(c). All collection activity on this account should cease, and no further communication with me shall be made absent a letter:
• informing us that further efforts to collect this debt are being terminated;
• informing me that you may invoke specified remedies which are ordinarily invoked by you under these circumstances; or
• informing me that you intend to invoke a specified remedy
At this time I will also inform you that if your offices have reported invalidated
information to any of the 3 major Credit Bureau’s (Equifax, Experian or Trans Union) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Enablement of Identity Theft
• Willful Non-compliance
• Negligence
If any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
I would also like to request once again, in writing, that neither telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and we will have no choice but to file suit.
It would be advisable that you assure that your records are in order before we are forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Please be advised that your failure to comply with my requests may lead to liability under 15 U.S.C. § 1692k, and we may be entitled to actual damages, court costs, attorney’s fees, and up to $1,000.00 in statutory damages.
Thank you for your prompt attention to this matter.
By__________________________
YOUR NAME
Subscribed and sworn to before me this ___ day of _______, 20__.
_________________
My commission expires_________________ NOTARY PUBLIC
CEASE AND DESIST
DATE
COMPANY NAME
ADDRESS
CITY, STATE, ZIP CODE
RE: ENABLEMENT OF IDENTITY THEFT, WILLFUL NON-COMPLIANCE AND NEGLIGENCE
To Whom It May Concern and all agents thereof:
This is a notice for your company to cease and desist reporting all personal information as it relates to myself.
Who are you? I have never heard of you. You appear to be a third party agency trying to interfere with my commercial affairs.
I am NOT in receipt of a contract between your firm and myself bearing any signature which would obligate me to perform for you in any way. This corporation has committed mail fraud, which is a FEDERAL CRIME! Using the United States Mail to claim that DEBT COLLECTOR NAME was “engaged by” and therefore represents ORIGINAL CREDIT COMPANY NAME (which cannot be affected financially by the outcome of DEBT COLLECTOR NAME threatened litigation) in order to collect from me is not true, and therefore is mail fraud and a deceptive practice.
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692c(c). All collection activity on this account should cease, and no further communication with me shall be made absent a letter:
• informing us that further efforts to collect this debt are being terminated;
• informing me that you may invoke specified remedies which are ordinarily invoked by you under these circumstances; or
• informing me that you intend to invoke a specified remedy
At this time I will also inform you that if your offices have reported invalidated
information to any of the 3 major Credit Bureau’s (Equifax, Experian or Trans Union) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Enablement of Identity Theft
• Willful Non-compliance
• Negligence
If any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
I would also like to request once again, in writing, that neither telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and we will have no choice but to file suit.
It would be advisable that you assure that your records are in order before we are forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Please be advised that your failure to comply with my requests may lead to liability under 15 U.S.C. § 1692k, and we may be entitled to actual damages, court costs, attorney’s fees, and up to $1,000.00 in statutory damages.
Thank you for your prompt attention to this matter.
By__________________________
YOUR NAME
Subscribed and sworn to before me this ___ day of _______, 20__.
_________________
My commission expires_________________ NOTARY PUBLIC
