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Intent to sue

Discussion in 'Credit Talk' started by slinkyboi5, Aug 1, 2002.

  1. Aug 1, 2002 #1
    slinkyboi5

    slinkyboi5 Well-Known Member

    Maybe I'm just blind...but can someone point me to a model 'intent to sue' letter that I could send to a collection agency. I can't seem to find it. Thanks
     
  3. Aug 1, 2002 #2
    QUEEN_BEE

    QUEEN_BEE Well-Known Member

  4. Aug 1, 2002 #3
    picantel

    picantel Well-Known Member

    I sent this one. Read through it and change to your conditions.

    <name and address of CA>
    <date>
    Re: Account <insert #>

    NOTICE OF INTENT TO FILE LAWSUIT

    <name of agent or just 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 <date>, You received a demand for validation and cease communication letter from me. This was sent via <fax or certified>/ As of today you have failed to provide me with the proof I have lawfully requested.

    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 month 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. Finally, no initial 30 day letter was received and you failed to inform me of my rights, and of the debt itself
    Iâ??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) â?? 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. § 809. Validation of debts [15 USC 1692g]
    (b) â?? Failure to validate but continues to collect
    - Failure to validate but continues to report
    2. § 807(8) Failure to report to CRA as disputed
    3. § 808. Unfair practices

    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 item must be deleted from my credit files with the four major credit reporting bureaus (Equifax, Experian, Trans Union and Innovis) by <date> 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 by you or another collection agency. <state anything you are looking for>.

    Please be aware if this settlement is not accepted and fulfilled by <date>, 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 <state you live in> Attorney General, and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously.

    Sincerely,


    <name and ss#>
     

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