Collection agency- Bring it on?

[Hilarious Clinton 452]

Send a cease and desist letter. My sister (a bank manager ) has horrible credit so I've helped her look into this stuff. I believe it's your right to deal with the original creditor. So be nice to the debt collectors, get their info and send a cease and desist letter (registered).

Is there any way to make them stop calling?

Yes. According to section 805 of the Fair Debt Collection Practices Act:

"© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt."

So the consumer can just send a third-party collection agency a written notice (preferably citing the FDCPA), ordering them to stop the collection letters and calls, and the agency is legally obligated to comply. The only permissible contact thereafter is to notify the debtor of specific "remedies," like legal action, but usually the collectors won't even bother.

If the creditor hasn't yet made a decision on whether or not to file a lawsuit, then that decision may be made at this point, rather than being delayed.

After a "cease and desist" notice from the consumer, the debt may then be returned to the original creditor, passed on to another third-party agency, or simply filed away, depending on the circumstances. The agency may still report the account to the credit bureaus.

Fair Debt Collection Practices Act

http://www.cardreport.com/laws/fdcpa/fdcpa.html

[one...two...tree 2,762]

This is the only potential "ding" on my credit report ever. I've never been reported to a collection agency before as I said before, I won't need any loans for the foreseeable future.

I going to send my second reply that their "evidence" of my debt is baseless complete with a numbered/highlighted dissection of the delinuent tenant report. The burden is on them to prove their case not on my me to prove my innocence.

Soon I'm going to contact the BBB about the apartment complex's practices and stick it them on the apartment rating websites. May not do much as they already have an "F" rating with the BBB and their reviews have dropped on the apartment review websites.

The 30 year record high of rental vacancies has driven apartment managers to stick it to outgoing tenants and kiss up to prospective and current tenants.

Dave, you can also dispute the charges if they are being reported to the three major credit bureaus. I'd recommend talking to the apartment complex manager by phone and then following up with a letter requesting evidence of the validity of the charges. I'd ask the manager how many notices that he sent you if you only received one.

I moved out of an apartment a few years ago where they had just recently remodeled my apartment, painting the inside and replacing the carpet. I had the option to be present during the move-out inspection and requested it, but the inspector called me and told me it wasn't necessary for me to be there...that I have nothing to worry about if there was not permanent stains in the carpet, etc. They sent me a bill for over $1,200, to cover the cost of them repainting the inside and replacing the carpet. I was furious. I called them up and explained the situation as well as threatened to take them to small claims if they are going to insist on me paying that amount. The manager agreed to deduct the cost of the new carpeting and I think I ended up paying about $300 in what she called, touch up painting. I found out later that other tenants were hit with such high move-out costs.