cease and desist for mortgage co?

[nazstar]

Can you write a cease and desist letter for a mortgage company? They are calling several times a day and I tell them I can't pay and I'm looking into filing for bankruptcy. The woman last night tried to get all sorts of information from me, which I wouldn't give - do I have a 401K, savings, etc. I told her that I wasn't under any obligation to provide her with that information and she said, yes I am. I replied that my lawyer stated otherwise. She said the calls will continue and hung up.

[BassBoy]

In reality, the calls will continue until you file and the stay is in place. Creditors and lenders hear "I'll be filing for BK" all of the time, so until you file, it's just talk.

You are not obligated to tell the mortgage company anything about your financial stauts.

[nazstar]

In reality, the calls will continue until you file and the stay is in place.

Even if I write a cease and desist letter stating they can not call me on my home, cell or at work? Don't they have to abide by that like every other creditor? it's getting to the point that it's driving me crazy. They call me, I tell them I can't pay, and then I get a call from another person at the mortgage company 20 - 30 minutes later.

[Minnymouth]

Buy you an answering machine and screen your calls, only answer those you want too..............

[nazstar]

Wish I could but they are calling me at work. If I don't answer, it goes to the assistants. Plus, my cell phone is my primary phone. It's just annoying to have it ring all the time but I keep it on when I'm away from the baby for the day. When I get home from work, I turn the thing off.

[tay666]

They call me, I tell them I can't pay, and then I get a call from another person at the mortgage company 20 - 30 minutes later.

Isn't that a violation of the debt collection code?
I thought that they could only contact the debtor once a day. (not counting messages on a machine, but actually talking to the person)
I know I have put a stop to that practice by a few collections agencies.
When I get a second call in the same day, I just inform them that they just broke the law and explan that I have already been contatcted by someone in the same company already that day, and that I will be filing a complaint with my state attourny general about this.

BTW, mods - this would probably fit better in the collections section, instead of the forclosure section.
The poster would probably get better information there.

[HHM]

The FDCPA only applies to 3rd party collector. The original creditor is not regulated by the FDCPA, so the rules do not apply to them.

[nazstar]

The FDCPA only applies to 3rd party collector. The original creditor is not regulated by the FDCPA, so the rules do not apply to them.

Aha. Ok. I sent a C&D letter anyways. The woman on the phone today gave me a fax number to use so I sent it off and kept the confirmation page. Not sure if it will work but it's worth a shot.

[wingnut]

Music

Hey,

Although they've basically given up on me (w/o c+d letters), when they still rarely call, I put them on hold. While they're on hold I usually put the phone down in front of my computer's speaker, while it plays random songs from a playlist with strange and somewhat offensive music. The stranger the music, the longer they usually stay on the phone. However, profanity usually causes them to hang up. Eventually they all stopped calling. I stopped paying on my cc's in Apr 06, and on my house in 9/06.

There's no point in speaking to them now anyway. All they're trying to do is collect information and intimidate you into paying them.

Hopefully the c+d letter will help with work.

Good Luck,

Wingnut