Cease And Desist Letter To Debt Collector Template for Singapore

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Cease And Desist Letter To Debt Collector

"I need to draft a Cease and Desist Letter to Debt Collector to stop ABC Collection Agency from calling my elderly mother outside business hours and making threats; they claim we owe $5,000 on a credit card debt that we've already settled in January 2025."

Document background
A Cease And Desist Letter To Debt Collector is a crucial legal tool in Singapore for individuals facing harassment from debt collectors. It's typically used when debt collection practices cross legal boundaries established by Singapore's Protection from Harassment Act (POHA) or Moneylenders Act. The letter serves as formal documentation of the harassment, demands immediate cessation of such practices, and warns of legal consequences for non-compliance. It's particularly important as it establishes a paper trail for potential legal action and demonstrates the sender's attempt to resolve the situation through proper channels.
Suggested Sections

1. Sender Information: Full contact details of the person sending the cease and desist letter

2. Recipient Information: Full details of the debt collector or collection agency

3. Date: Current date of the letter

4. Account Reference: Any relevant account or debt reference numbers

5. Description of Harassment: Detailed account of the debt collector's objectionable behavior

6. Legal Basis: Citation of relevant laws being violated, including Moneylenders Act, POHA, Banking Act, and PDPA

7. Demand to Cease: Clear statement demanding immediate cessation of harassment

8. Legal Consequences: Statement of potential legal action if harassment continues

Optional Sections

1. Dispute of Debt: Section addressing the validity of the underlying debt claim, to be included when the debt is disputed

2. Previous Communications: Reference to prior attempts to resolve the situation and previous communications with the debt collector

3. Third Party Authorization: Statement about legal representation when the letter is sent by an authorized representative

Suggested Schedules

1. Evidence Log: Documentation of harassment incidents including dates, times, and nature of contact

2. Communication Records: Copies of relevant communications, screenshots, or recordings of harassment instances

3. Power of Attorney: Documentation of legal authority when letter is sent by an authorized representative

Authors

Alex Denne

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

Industries

Moneylenders Act (Chapter 188): Primary legislation regulating debt collection practices and defining licensed and unlicensed moneylending activities in Singapore

Protection from Harassment Act (POHA): Key legislation governing harassment behaviors, specifically addressing aggressive debt collection practices through Sections 3, 4, and 7 which cover harassment and unlawful stalking

Banking Act (Chapter 19): Legislation governing debt collection practices when debt collectors represent banking institutions

Personal Data Protection Act (PDPA): Controls the collection, use, and disclosure of personal data, particularly relevant in cases where debt collectors may be mishandling personal information

Financial Advisers Act (Chapter 110): Applicable legislation when debt involves financial products or services

Debt Collection Guidelines by Registry of Moneylenders: Specific guidelines outlining acceptable debt collection practices and restrictions on harassment and threatening behavior

Tort Law: Common law principles relevant for claims of harassment, nuisance, and protection against defamation in debt collection context

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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