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cease and desist letter?

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Topic: cease and desist letter?
Posted By: misscadets
Subject: cease and desist letter?
Date Posted: 20/December/2006 at 1:53pm
Hi...I need help with a cease and desist letter to a collection agency. I paid the bill over 6 years ago and they're telling me I still owe even with the proof I've paid! What do I do and/or does anyone have any examples cited with some sort of legislation in regards to this??

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Miss Cadets :)



Replies:
Posted By: albertagirl
Date Posted: 21/June/2007 at 8:24pm
Hello there misscadets!!!
 
I am in the process of this as we speak again, so hear goes:
 
1). Demand a dated letter from the collection agency that says you still owe money. Demand (and ensure) that the letter CLEARLY states:
a). the amount of money you owe
b). when the account in question started
c). the account details
i). the lending institutions name, address, city, and phone number, and if possible, a contact name.
ii). the loan in question's number.
d). a payment history or loan statement for the duration of the loan in question, ensuring that the loan number is CLEARLY marked, and that it is indeed the correct loan.
e). who sent the loan to collections.
f). what the collection agency wants from you.
2). When you have this information from the collection agency, gather YOUR proof of payment (do you have cheque stubs? returned cheques from your bank? Bank statements? EVERYTHING. If you have a Paid in Full letter, be damn sure you make a copy and leave the original at home.
 
3). RUN to your MP, and explain this to them. Show him or her everything you have, and ask for their help.
 
4). Your MP WILL help you, that is their job. When they get the ball rolling on this (which will be in their office), tell your MP that you are going to go to the media if the situation is not rectified in 30 days (after all, miracles don't happen overnight). And then tell them that you are going to the media anyways in 30 days, one way or the other, to ensure that if it EVER happens to someone else that they know how to help themselves and PROTECT themselves.
 
5). When your MP has performed this miracle, gather everything up all over again, and call EVERY SINGLE MEDIA OUTLET in your city, from television and radio to every newspaper, including neighbourhood papers, and get this story out. Consumer protection advocates LOVE stories like this.
 
This is what I did in the past, less the media, and I wish to God I had gone to the media anyways. This time around, I will be going to every news show in the nation.
 
In my situation, they (Metropolitain Credit) are threatening to take me to court for a loan I paid off in full in August 2005. I said I have a Paid in Full Letter from the CIBC NSLC, in addition to access to the cheque stub that the Bank of Montreal issued to the CIBC NSLC that completely paid off the loan, in addition to a Loan Statement from the CIBC NSLC that CLEARLY shows the loan was paid off. They said I had to send it to them. I asked if they thought I was born last night, that 2 years after the fact it was their responsibility to ensure their facts are straight before they come calling. Metropolitan Credit said it wasn't, and that if I don't send the letter, then they will consider it defaulted and take me to court. I smiled to my TV, laughed, and said I hope their lawyer was as good as mine, because I look forward to seeing them in court on their dime, in addition to the counter suit I plan on launching if they actually do persue this. I'm thinking because of stress, harassment, mental anguish, et al. that I should go for 1 million dollars. Any thoughts anyone?
 
Anyways, get the word out there sister, and let us know what happens!!! If I can help in any other way, please let me know, ok?
 
albertagirl


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There is hope! Keep the faith, believe in yourself, and most importantly, when you are threatened, remind yourself that YOU DO HAVE RIGHTS, and that NO ONE can take those away. NEVER AGAIN.


Posted By: Paulintrepid
Date Posted: 20/January/2009 at 7:22pm
sorry for reviving an old topic, but I would like to do something exactly like this, but where I stumble is on step 2 (my proof of payment).  I don't have any of my old banking information because it was all discarded (foolishly) after an international move.
 
I would like to get all these documents from the BANK that I originally got my loan from, not from the collection agency, but my bank, CIBC is not cooperating.

What can I do?


Posted By: SolveStudentDebt
Date Posted: 21/January/2009 at 7:43am

If you want the best results, do this in writing, and address it to management at their National Collection Services Office up on Lawrence in Toronto. Make sure you word the letter properly in case of a limitation issue. If you are not sure of it, seek help (professional help).

Johnny


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Solve Student Debt specializes in solutions for students and graduates in student loan default, and those at risk of defaulting.

http://www.solvestudentdebt.com" rel="nofollow - solvestudentdebt.com


Posted By: misscadets
Date Posted: 21/January/2009 at 9:00am

Pauline...Johnny, of course is correct. DEFINATELY contact that bank in writing (registered letter for proof) and just request the printouts from a date range. (obviously you will have to prove you were their client. You do not need to tell them why you are requesting them - it is really none of their business as you were a client and have that right-just be able to prove you were their client. You may have to pay for the copies of the records/printouts they will send - as they have to go into microfilm (or what ever they call it now)

Keep in mind banks do have records retentions periods!!  After so many years (mine was 7 yrs) they are able to destroy your financial records pending those approved by-laws the banks follow. If you are able, get those copies asap.


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Miss Cadets :)



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