Can I send written notice directly to credit companies to stop calling or does it have to be to the collection?
by Author on Monday, July 12th, 2010 | 2 Comments
Do I have to wait for letters from collection agencies or can I send notice directly to the credit card companies under the fair debt collection practices act to have them stop calling and harassing?
Related Credit Card Sites
- Consumer Rights and The Fair Debt Collection Practices Act | Debt Collection Harassment Lawyers and the Fair Debt Collection Practices Act
- FDCPA and Other Consumer Rights Lawsuit Statistics, June 16-30 | Debt Collection Agency Software
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The FDCPA basically applies to debt collectors. In the definition section of the act, it makes a distinction between the creditor and a debt collector.
My suggestion would be to write the the credit card company when they send you a delinquent notice and explain to them your situtation and why you cannot make the payments. Of course they will ignore them. When the credit card company calls, answer the phone, tell them that you have sent them a letter explaining your situtation. They will more than likely try to get you to tell them what the letter said. Tell them it was all in the letter and they should have it, and you cannot discuss the issue on the phone because you do not have all of the information immediately available and you get flustered discussing it on the phone.
After six months the account will be charged off by the credit card company. They will turn it over to another company to try and collect. At that point you can send a debt validation letter and request to only contact you through written correspondence.
Good Luck
LEGAL DISCLAIMER: I am not a lawyer and this should not be considered legal adivse. This has simply been my personal experience.
The Fair Debt Collectoin Practices Act (FDCPA) applies to third party collection agencies. It does not apply to original creditors.
Additionally, the FDCPA allows you to send collectors requests to cease and desist all contact. The collector has to stop all contact, except for the court summons. The FDCPA does not give you the right to select which types of contact. While most collectors will abide by your request for no phone contact, legally, they don’t have to.
The best way to get the original creditor to stop calling, is to pay what you owe. Credit card companies usually charge off and send accounts to collections at around 90 days past due. Some credit card companies, like Capital One, are very aggressive about collecting and will sue for even small amounts. Work out payment arrangements now before you further damage your credit.