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Cease And Desist Letter To Original Creditor Template for England and Wales

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Key Requirements PROMPT example:

Cease And Desist Letter To Original Creditor

"I need a Cease And Desist Letter To Original Creditor to stop ABC Bank from contacting me about an alleged credit card debt from March 2025, which I have already paid in full and have proof of payment."

Document background
A Cease And Desist Letter To Original Creditor is a crucial legal tool used when a debtor needs to stop harassment or inappropriate collection practices from a creditor. Under English and Welsh law, this document formally notifies the creditor to discontinue specific actions, whether due to disputed debt, violation of collection practices, or other legal grounds. The letter typically includes account details, specific demands, legal citations, and a compliance deadline. It serves as both a protective measure for the debtor and a formal warning to the creditor, potentially preventing further legal action if adhered to.
Suggested Sections

1. Recipient Details: Full name, address, and business details of the creditor organization

2. Account Information: All relevant account or reference numbers related to the debt

3. Formal Demand Statement: Clear and unambiguous statement demanding cessation of all contact and collection activities

4. Legal Rights Citation: Reference to relevant laws and regulations supporting the demand

5. Compliance Deadline: Specific timeframe within which the creditor must comply with the demand

Optional Sections

1. Debt Dispute: Section challenging the validity or amount of the alleged debt

2. Previous Communications: Reference to any prior correspondence or interactions with the creditor

3. Documentation Request: Formal request for validation or proof of debt

4. Harassment Documentation: Details of any harassment or excessive contact from the creditor

5. Legal Consequences: Statement of potential legal actions if demands are not met

Suggested Schedules

1. Schedule A - Prior Correspondence Log: Chronological list of all relevant previous communications with the creditor

2. Schedule B - Evidence of Harassment: Documented instances of unwanted contact or harassment if applicable

3. Schedule C - Power of Attorney: If the letter is being sent by an authorized representative, proof of authority to act

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses




















Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements and enforcement in England and Wales, setting out rights of borrowers and responsibilities of creditors

Financial Services and Markets Act 2000: Establishes the regulatory framework for financial services in the UK, including debt collection practices and consumer protection

Data Protection Act 2018: UK's implementation of data protection requirements, governing how personal information can be handled and processed by creditors

UK General Data Protection Regulation: Post-Brexit data protection regulation defining how organizations must handle personal data, including requirements for processing debtor information

Limitation Act 1980: Defines the statute of limitations for different types of debt claims in England and Wales

FCA Handbook: Comprehensive guide containing rules and guidance for regulated firms, including specific requirements for debt collection

Consumer Credit Sourcebook (CONC): Detailed rules and guidance for consumer credit firms, including specific provisions on debt collection practices

Privacy and Electronic Communications Regulations 2003: Governs electronic communications and provides rules about unsolicited contact, relevant for creditor communications

Consumer Rights Act 2015: Consolidates key consumer rights, including protection against unfair practices in debt collection

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices, including aggressive or misleading debt collection tactics

Unfair Terms in Consumer Contracts Regulations 1999: Protects consumers against unfair terms in contracts, including credit agreements

Malicious Communications Act 1988: Prohibits sending communications intended to cause distress or anxiety, relevant for creditor harassment

Communications Act 2003: Regulates various forms of communication, including provisions against harassment through communications

Credit Services Association Code of Practice: Industry standards for debt collection practices, providing guidance on acceptable conduct

Financial Ombudsman Service Guidelines: Guidance and precedents for resolving disputes between financial services firms and consumers, including debt-related complaints

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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