inquiry intent to sue

Discussion in 'Credit Talk' started by picantel, Aug 5, 2002.

  1. picantel

    picantel Well-Known Member

    They do not have me on file and I have never heard of them yet they felt free to pull a hard inquiry for auto insurance. Strike 1,2, and 3. I am sending this out tomorrow. Should I change anything or is this ok?

    Leader Insurance Company
    4100 Harry Hines Blvd.
    Dallas, TX 75219

    08/06/2002

    NOTICE OF INTENT TO FILE LAWSUIT

    Todd G,

    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 July 1, 2002 you placed a hard inquiry on my credit report which caused a drop in my score. I was only 3 months away from having a clean inquiry section and you restarted the clock on it. I have never heard of your company nor am I interested in auto insurance as I am happy with my current policy. I called August 5, 2002 and asked if there was any application and I was told they did not have me on file which is obvious as I have never applied with your company.
    The FCRA clearly states you must have a permissible purpose to pull my credit report and since you did not you are in serious violation of federal law. Unfortunately for your company I am well versed in the FCRA and am an active member of various credit repair sites.
    Iâ??m sure you are aware of the consequences in violating the Fair Credit Reporting Act. If not, let me point them out for you.

    FCRA
    § 604. Permissable purpose of consumer reports [15 U.S.C. § 1681b]

    The penalty for violation of the FCRA is up to $1000 per violation plus punitive damages. As you have jeopardized my credit rating I will be seeking $5000 in federal court plus court costs and attorney fees. Rest assured my attorney is one of the leading advocates of the FCRA. If you need further advice please feel free to seek legal help. That person will tell you the exact same thing I am telling you now.
    If you wish to resolve this matter, this will be your last opportunity to do so. The following item must be deleted from my credit files with the four major credit reporting bureaus (Equifax, Experian, Trans Union and Innovis) by August 9, 2002 and you forward a letter to me via the post office stating they have been removed and will not reappear on my credit reports again As for monetary settlement, I will accept the sum of $1000 and will release you from all liability.If you have any questions feel free to call me, <me at phone #>. You have until August 8, 2002 at noon e.s.t. to give me your answer. If none is forthcoming or you choose to not accept my offer then I will file that same day and I will no longer accept any settlement offer(which includes the day of court.)

    Please also be aware I will file a formal complaint with the Federal Trade Commission, The Texas Attorney General, and the Better Business Bureau (of which you already have an unsatisfactory rating). Thank you and I look forward to resolving this most expeditiously.

    Sincerely,


    <me>
     

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