I used Lizardking's example of an intent to sue letter and customized it some for our possibly upcoming lawsuit against the CA who has failed to validate yet are verifying with TU.
Would those of you who've dealt with some of these lawsuits mind taking a look to make sure I haven't put anything stupid in here?
This is for a 2 years ago fully paid CA who deleted the 2 accounts almost 6 months ago from EQ with the nutcase letter. 2 months later they reported the two accounts again with a past due balance on Transunion. (And interestingly reported from the very beginning on Transunion - "account info disputed by consumer")
June 7, 2002
Grrrrr Collection Agency
Re: Account #xxxxxx , #xxxxx
NOTICE OF INTENT TO SUE
I have recently received a copy of my June 4, 2002 Trans Union credit report. This credit report shows two entries of past due accounts from Grrrrr Collection Agency.
Please be aware that I have sent Grrrrr Collection Agency two dispute letters via certified mail with request for validation. My return mail receipts for the certified letters I sent you show that these letters were signed for by Grrrrr Collection Agency. on January 9, 2002 and April 29, 2002.
Your failure to provide the validation to which I am legally entitled proving the validity of these debts and your continued willful and negligent reporting of erroneous information to the credit reporting agencies has forced me to draft a lawsuit against Grrrrr Collection Agency for the following:
1) Violations of the Fair Credit Reporting Act
2) Violations of the Fair Debt Collection Practices Act
4) Loss of Opportunity
5) Injunction seeking immediate court ordered relief from further credit damage.
This is an offer of an out of court settlement prior to the lawsuit being filed. If you will agree to immediately and permanently delete all information regarding these accounts from my credit reports, then I will agree to not seek the damages to which I am entitled.
If you do not delete this information from my credit report, then my lawsuit will be filed June 17th, 2002 in my County, my State, Magistrate‚??s Court. As there is a ceiling on the damages I may seek in this venue I will be seeking damages of $7500, which is well below the actual damages I have suffered and the statutory relief to which I am entitled as a result of your willful and grossly negligent reporting.
If you wish to notify me that you are agreeing to delete all information from my credit reports and closing this matter, you must fax a letter agreeing to the immediate and permanent deletion of these entries prior the close of business on Friday, June 14th, 2002.