Cease And Desist This!

Nicky wants to settle on her old credit card debt, but the collector is trying to confuse her with talk about a cease and desist letter.

QUESTION: Nicky and her husband have bad credit card debt. He called Capital One Friday to settle a debt. The lady agreed to $375 offer on a $900 debt, but when they called back to get that in writing, the lady said they must remove the cease-and-desist letter in order to receive any agreement. Nicky doesn’t have a cease-and-desist with them. Dave doesn’t like the sound of this garbage.

ANSWER: This is bull. This is credit card collector scum runaround. Under the Federal Fair Debt Collection Practices Act, if a collector is completely misbehaving, a cease-and-desist letter tells them they can’t contact you anymore unless it’s to notify you that they are suing you.

I don’t recommend using a cease-and-desist letter because it can get you sued. However, she wants you to remove your right to use that letter here. I won’t do that here; it has nothing to do with this negotiation. It’s just to sidetrack you. Tell her to send you the letter with the $375 offer on it, and then you send her money. If she doesn’t, then you don’t. If she jerks you around, then hang up and call right back and get someone else.

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