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Established Contributor
mymy
Posts: 510
Registered: ‎04-20-2007

Statue # for Violation for reporting inaccurate info

i am writing a letter to a creditor advising them that they are in violation and reporting inaccurate info. that carries $1,000 fine.
 
any sample letters out there?
 
any key terminology?
Frequent Contributor
Lori344
Posts: 313
Registered: ‎04-01-2007

Re: Statue # for Violation for reporting inaccurate info

Expired Statute of Limitations Notification Letter

Today's Date

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.



(Sign above name)
Printed Name

Established Contributor
mymy
Posts: 510
Registered: ‎04-20-2007

Re: Statue # for Violation for reporting inaccurate info

thanks, good letter but not looking for SOL
 
my Perkins loan was consolidated, and institution refuses to update. 
 
so i wat to hit them with the statue # and fine amount $1000. in the letter. 
 
anyone?
Frequent Contributor
Lori344
Posts: 313
Registered: ‎04-01-2007

Re: Statue # for Violation for reporting inaccurate info

Is this what you're looking for.... Doesn't mention the 1000 bucks, you can add that
 
 
Demand for a corrected credit report"



Friday, April 02, 2007

Addressee

Re: Demand For Corrected Credit Report

To Whom It May Concern:

On January 2nd, 2007, I wrote to tell you I had not heard about any

specific actions taken to reverify the items I had identified as inaccurate or incomplete in my credit report. Copies of my correspondence are attached for your review.

Since you have not given me names of persons you contacted for reverification of the

Information, nor have you complied within the statutory time period—30 days— to my request for reverification, I assume that you have not been able to reverify the information I have disputed. Therefore, you must comply with the provision of the Fair Credit Reporting Act, and drop the disputed items from my credit report.

I demand that you send me a copy of my updated credit report showing the elimination of the items, which I disputed on the attached letters. This copy must be provided free, according to 15 USC section 1681j. I demand that it be postmarked within five days after signing the certified mail receipt for the letter you are holding.

If I do not receive an updated copy of my credit report with the disputed items dropped, my attorney will pursue my legal rights less than 15 USC section 1681n or 1681o of the Fair Credit Reporting Act, “Civil liability for willful noncompliance.” Your credit bureau may be liable for:

1) Any actual damages I sustain by your failure to delete the items

2) Punitive damages as the court may allow

3) Costs of the court action, plus attorney’s fees

I have forwarded a copy of this letter to the Federal Trade Commission, the Subcommittee on Banking, Credit and Insurance, the Pennsylvania Consumer Protection Agency and Department of Business and Professional Regulations (Division of Consumer Complaints.)

Sincerely,

"credit request letter"

Established Contributor
mymy
Posts: 510
Registered: ‎04-20-2007

Re: Statue # for Violation for reporting inaccurate info

yup, sound good. thanks
Frequent Contributor
Lori344
Posts: 313
Registered: ‎04-01-2007

Re: Statue # for Violation for reporting inaccurate info

[ Edited ]

Up 9. Section 807(8) prohibits "Communicating or threatening to communicate to any person [false] credit information . . ., including the failure to communicate that a disputed debt is disputed."

 

is this the section number you are looking for??

 

check out this website http://www.fair-debt-collection.com/rules/false-misleading-tactics-7.html#9



Message Edited by Lori344 on 07-13-2007 10:35 AM
Established Contributor
mymy
Posts: 510
Registered: ‎04-20-2007

Re: Statue # for Violation for reporting inaccurate info

Actually, im lookin for a letter to send to the original creditor. this one seems to geared towards the CRA.
 
i consolidated my student loans.  However, my Perkins loan was NOT consolidated with the rest.  the institution contacted me and asked if i would  like to consolidate it.
 
i said yes, did the paperwork and was consolidated in May 2007. 
 
however, the consolidation amount does not add up.
 
 
 
B4 consolidation amount of student loans 24, 593.93   April 2007
after consolidation student loan                   33, 401.35    July 2007
 
 
Perkins loan original amount                      5450.
appears on CR July 2007                             6396  (fees interest)
 
difference between b4/after consol.               8807.42
                                                  minus          6396.00                                                                              
                                              difference        2411.42  they owe me
 
 
Plus $1,000 per violation of not reporting fair and accurate information.
they also refuse to supply a statement or invoice on the breakdown of fees and interest.
they refuse to supply paid in full letter
or any explanation why they are still reporting as in collection for 6396, but consolidated 8807.42?
 
i know this can be a bit confusing but any good advice would be great! 
 
thanks
 
 
they owe me                                               
Established Contributor
beach123
Posts: 570
Registered: ‎05-02-2007

Re: Statue # for Violation for reporting inaccurate info

I wish you the best of luck - this sample letter to the credit bureaus was exactly what I was going to send out (actually had but they called me frivolous) AND, it totally supports my case AGAINST LVNV!!!!  THANK YOU
Frequent Contributor
Lori344
Posts: 313
Registered: ‎04-01-2007

Re: Statue # for Violation for reporting inaccurate info



mymy wrote:
Actually, im lookin for a letter to send to the original creditor. this one seems to geared towards the CRA.


If you send it to the CRA's are they not liable for reporting (and verifying) accurate  info? I would think if you hit it from both sides you would be more apt to get it done. Maybe one of the veterans, someone who know more than I, will step in and help here.

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