Expert: Ray A Miller - 2/14/2011

Question
Yes i am 24 years old i have roughly 1500 dollars in debt 700 due to capital one. I have been receiving calls lately more and more. I have no payed the card for roughly 6 months due to lack of funds. In a month i will have money to start paying the bills off; however, the last representative said they were not going to wait. I am clueless to the laws of credit cards and am worried this will affect my whole life. Please can you tell me what i can do. The calls have been getting more and more hostile lately. What can i say to back them up or make them watch what they say.

Answer
Since you have not paid any payments, the account will be written off and sold to a recovery agency.  If at all possible offer them 50% of what you owe as a settlement in full.  If this is not possible then I am afraid the calls will continue.

Once the account has be written off and sold, you can send the agency a cease and desist letter asking them not to contact you about the debt. Send it certified and be sure to keep a copy.  A sample is attached below:

Notice to Cease and Desist

To Whom It May Concern:

I am writing this letter to demand that you cease and desist all
Telephone Contact.  You are hereby ordered not to contact me by
Telephone unless I give you written permission to do so.

Therefore you must cease and desist all contact with me by phone
in accordance with the Fair Debt and Collection Practices Act.
Section 805, Communication in connection with Debt Collection,
Paragraph 5.

My Name is ___________________________________________

My Account Number is _________________________________


______  You may contact me through US Mail Only.

______  You may not contact me at all.


                                       Thank You



I hope you have found this to be helpful.