topic Re: Yea or Nay on ITS letter in General Credit Topics

Yea or Nay on ITS letter

Anonymous — Sat, 22 Nov 2008 01:22:31 GMT

This is my last hope on getting this account off. Not my bill and lots of lates on it (13-28). I know they don't have records because they sent me a letter saying they couldn't find it so they would mark it as paid. Already sent a MOV letter to the CRA and guess what still there. Copies of everything I have. Good letter or not.

Incompetent Collection Agency

Re: Account xxxxxxx

NOTICE OF Intent to FILE LAWSUIT

To whom It may concern:

This Letter shall serve as formal notice of my Intent to file a lawsuit against your company, due to your blatant and objectionable disregard of the law.

On xxxxx, You received a demand for validation and cease communication letter from me. This was sent certified mail (xxxxxxxx) that was signed on xxxx. As of today you have failed to provide me with the proof I have lawfully requested. I sent a second letter on xxxx via certified mail (xxxxxxx) signed on xxxx. All of these you have chosen to ignore.

The FDCPA states you must cease collection activity until you have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which you obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or you would have provided it in the previous four months since it was requested. Also, when an alleged debt is disputed, a notation must be entered on the debtors credit report showing the item as in dispute. Again, this was not done.

I’m sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for. If not, let me point them out for you.

FCRA
1. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) – Duty to provide notice of dispute.
2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information.

FDCPA
1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication
2. § 809. Validation of debts [15 USC 1692g]

As per the FDCPA:

§ 813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000

If you wish to resolve this matter, this will be your last opportunity to do so. The following items must be deleted from my credit files with the three major credit reporting bureaus (Equifax, Experian, Trans Union) within 5 day's and you forward a letter to me via facsimile stating they have been removed and will not reappear on my credit reports again by you or another collection agency.

Please be aware if these accounts are not deleted by November 26,2008 I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Connecticut State Attorney General and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously.

typed name

Re: Yea or Nay on ITS letter

laz98 — Sat, 22 Nov 2008 06:30:47 GMT

@Anonymous wrote:

If you wish to resolve this matter, this will be your last opportunity to do so. The following items must be deleted from my credit files with the three major credit reporting bureaus (Equifax, Experian, Trans Union) within 5 day's and you forward a letter to me via facsimile stating they have been removed and will not reappear on my credit reports again by you or another collection agency.

Please be aware if these accounts are not deleted by November 26,2008 I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Connecticut State Attorney General and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously.

typed name

take that apostrophe out. sounds good to me! but wait for someone with more experience

Re: Yea or Nay on ITS letter

Anonymous — Sat, 22 Nov 2008 07:11:39 GMT

I thought about some suggestions - use at your discretion - YMMV

Incompetent Collection Agency

Re: Account xxxxxxx

NOTICE OF FDCPA Violation, FCRA Violation and Intent to Sue

To whom It may concern:

This Letter shall serve as formal notice of your violations of the Federal Debt Collection Practices Act and of the Federeal Credit Reporting Act, and of my Intent to file ~~a law~~suit against you~~, due to your blatant and objectionable disregard of the law~~.

On xxxxx, You received a ~~demand for~~ validation request for this alleged debt as per FDCPA 809, and also a cease and desist request ~~communication letter~~ from me. This was sent certified mail (xxxxxxxx) that was signed on xxxx. As of today you have failed to provide me with the proof I have lawfully requested. I sent a second letter on xxxx via certified mail (xxxxxxx) that you received and signed on xxxx. All of these you have chosen to ignore.

The FDCPA states you must cease collection activity until you have produced proper validation ~~verification~~ of the alleged debt if so requested. As per the FTC, ~~this includes~~ reporting to the credit bureaus is considered collection activity, which you obviously have done illegally. It is quite evident that no such proof of this alleged debt exists ~~or you would have provided it in the previous four months since it was requested~~. Also, when an alleged debt is disputed, a notation must be entered on the debtors credit report showing the item as in dispute. Again, this was not done, in blatant disregard for the accuracy prescribed by the FCRA.

I'm sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, as well as the multiple violations you are ~~r company is now~~ responsible for. ~~If not~~, In any case, let me ~~point~~ list them out for you.

FCRA
1. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) - Duty to provide notice of dispute.
2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information.

FDCPA
1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication
2. § 809. Validation of debts [15 USC 1692g]

As per the FDCPA:

§ 813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000

If you wish to resolve amicably this matter, this is ~~will be~~ your last opportunity to do so. The following items must be deleted from my credit files with the three major credit reporting bureaus (Equifax, Experian, Trans Union) within 5 days of receipt of this letter and you forward a letter to me via facsimile stating they have been removed and will not reappear on my credit reports ever again by you or another collection agency.

Please be aware that should you fail to meet this request ~~if these accounts are not deleted~~ by November 26,2008 I shall ~~will~~ be filing ~~a law~~suit without further notice ~~for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act~~. At that time, you will be responsible for the civil liabilities and for all attorney costs ~~I will be seeking civil liability in the amount of $1000 per violation~~. Please also be aware I shall immediately ~~will~~ file a formal complaint with the Federal Trade Commission, The Connecticut State Attorney General and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously.

typed name

Re: Yea or Nay on ITS letter

Anonymous — Sat, 22 Nov 2008 15:39:00 GMT

Thanks I will make the changes and send it out Monday and see what happens.

Re: Yea or Nay on ITS letter

Anonymous — Sat, 22 Nov 2008 18:05:38 GMT

- just to make sure - towards the end of your letter you request "to delete the following items" - please make sure to list what those items are....