Stop the calls now!
Here is what you say and the letter you will send to your lender.
When your Bank’s debt collector calls will say the following to them verbatim.
By my rights under the Fair Debt Collection Practices Act I am requesting that all communication regarding this mortgage debt to be made through the United States Postal Services only. Any attempt to contact me via telephone at my home, work, a relative, on my cellphone, or any other location that you may have on file will result in me filing suit with the Attorney General's office for harassment.
Understand that today’s verbal request has been followed up by a written request. Mention the section of the code specifically: 15 USC 1692c(c)
Some will pleasantly hang up, others will try to get you to talk about the debt. Remind them that you are taping this call, as you assume they are as well…..cease the conversation by politely hanging up.
Any month 31, 2010
John Smith
Joan Smith
111 Main Street
Wiseman, CA 95000
Loan number: 111111111
Property Address: 200 Gotcha Drive
Collector: Bank of USA
Mr./Ms. Collector,
I am writing in response to your incessant phone calls. I am requesting that all communication regarding this mortgage debt to be made through the United States Postal Services only.
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING TELEPHONE COMMUNICATION: You must cease all TELEPHONE communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I insist that you stop calling me at home, at work, on my cell phone or at any other location!
In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact me to inform me that you:
- are terminating further collection efforts;
- invoking specified remedies which are ordinarily invoked by you or your company; or
- intend to invoke a specified remedy.
Be advised that I am well aware of my rights! I know that any future contact by you or your company violates the FDCPA and that since you already have my information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.
Signed by:
__________________________ Date: ________________
John Smith
__________________________ Date: ________________
Joan Smith
