I sent RMA (actually worked up the nerve this time) to send them an intent to sue letter. This is it: September 4, 2002 Mr. Robert Crowe Manager, Consumer Assistance Risk Management Alternatives 4450 River Green Parkway Suite 200 Duluth, GA 30096 Re: Account# xxxxxxxxxxx Client Number: xxxxxxxxxxxxx Dear Mr. Crowe, I am deeply concerned with the practices that your company has taken to violate my rights, causing me denial of credit as well as credit with unfavorable terms, damages to my credit file, and invasion of my privacy. I had an account listed with your company via Sears. On September 24, 2001, I agreed to make a settlement offer initiated by your company. The settlement offer was to make two payments on 09/28/01 and 10/28/01 and this account would be closed. I followed the settlement to the letter. However, your company has failed to do so. First of all, I took in good faith that after paying your company, you would do the proper thing and remove your damaging information from my credit files. You have failed to do so. Secondly, you have made two inquiries 12/18/01 and 01/14/02, without permissible purpose, and I can only assume for willful noncompliance of the law. It is very upsetting to know that there is someone within your company pulling credit reports without a legitimate business purpose. I can only assume that their reasons are not good! I have not applied for credit with your company. I have disputed these two inquiries and you have verified them to be permissable. Such violations! I would now like to make my intentions clear. I would like to settle this situation outside of the court system. However, if pushed, I will exercise my rights to the fullest extent of the law, including compensatory as well as statutory damages. I will not file suit against Risk Management Alternatives (RMA), if Risk Management Alternatives performs the following steps: 1)Immediately remove both inquiries dated 12/18/01 and 01/14/02. 2)Immediately remove all derogatory/negative references on all credit reports that you have reported this information to in respect with all credit reporting agencies. 3)Immediately issue a certified cashier's check CRRR made payable to Melanie C Zimmerman in the amount of $3,000.00 in leiu of judgement for violations of the FCRA, compensatory damages, and any other damages that are deemed proper by a judge. Also, to fax a copy of the certified mail # so it may be tracked. I will give you until September 5, 3:00 p.m. to make your decision as to whether you would like to resolve this matter expeditiously. If we do not come to an agreement, I will promptly drive to my courthouse and file against RMA. Please note that my fax machine does verify faxed pages. You may reach me via email at sirrowan@earthlink.net. I look forward to hearing from you. Sincerely, Sirrowan cc: Ohio Attorney General's Office cc: Better Business Bureau of Metropolitan Atlanta cc: Georgia Attorney General's Office cc: Federal Trade Commission I am so nervous!!!!!!!! It probably won't work. Sirrowan
Sirrowan, No need to be scared. You and I live in the same state and I'll help you if you want. You have them dead to rights on clear cut violations so let's "eat their shorts in court"!!! Butch
Great! They deserve it. RMA has such a disregard for the laws. I want to at least put a dent in their door. I also want to know who's been running my report there at RMA! Sirrowan
RMA didn't respond. So I will go to the courthouse tommorrow and get papers to file. I will fax them a copy and give them one last chance. The thing is, even if I win, how do I get my money? Sirrowan
Perhaps I missed something here. Did their offer that you accepted promise to remove negative information from your credit report? Keep in mind that a promise made by a CA who owns the debt has no bearing on what the original creditor will report the CRAs. True, the CA may not report the delinquency, but the original creditor that was burned has no obligation to stop reporting what happened. Regarding the settlement. Did you actually agree to the settlement, or did you just send them money? Was it for the full amount, or a partial amount? Regarding the pulling of credit reports. Unless you have disputed the debt (it sounds like you acknowledged it by paying it), or the issue is settled, the CA can pull your report in their efforts to collect. It sounds like they are interested in getting the remaining balance. Did the agreement claim that the remaining balance was to be dismissed? Did you get a 1099 on the balance? Are you sure that they did not farm out the balance to another CA to collect? I suspect that they don't feel like they are bound by the terms of the agreement they offered. What do you have, other than an offer, that binds them to the terms. Do you have an agreement on writing? Don't go spending that FDCPA violation fine just yet. Cheers
Unless it was included in the settlement agreement that they were going to delete from your Credit reports, they don't have to. As far as pulling your report after you paid, they had no right to. If they feel you still owe them, however, they had every right to pull your report. I think that RMA is going to laugh at this letter. You need to find some more identifiable violations.
the court usually sends them the notice of judgement when you win. they will also notifiy you of any procedures that they have to assist you.
I have a offer of settlement from RMA faxed from an Equifax fax machine to me, outlining an agreement for which I accepted. They made me an offer to settle in full in writing. I followed the offer to the letter. RMA pulled my credit report 2 times after they were paid in full. They did not have permissable purpose. I also disputed these inquiries with the CRA and RMA verified! Once I paid them off in full they did not have any rights to pull my credit report. Also, this issue doesn't have anything to do with the OC, it's the CA (RMA/aka the bastards) that are making the violations. Sirrowan
They pulled my credit report twice after they were paid in full. I have all the documentation to prove it. They did not have permissable purpose. They even verified the disputes recently. As for finding more ammo to use against RMA, (I'm no expert, believe me) I will possibly throw in the Doctrine of Estoppel. They can laugh all they want. They are the ones who have to fly their little asses to Hicktown, Ohio and explain themselves. If I lose, I'm out $43.00, they will be out the cost of travel expenses and someone to represent them. Also, if I win, I'm out $43.00, plus I get my money, my deletions and they are out $3,000 and travel expenses and someone to represent them. Truthfully, I think they would be stupid (and I think they are) not to settle with me. Sirrowan
question: what is the best way to find out who is the registered agent of a particular CA? RMA is GOING DOWN!!!
Ha Ha. I still haven't prepared my small claims papers yet. I need to soon though. I want to prepare the small claims papers and then fax them to RMA, give them maybe 48 hours, and if no response go ahead and file the papers. Sirrowan
oh Goodness... Yesterday I started to get the ball rolling on filing a lawsuit against RMA for not responding to my validation letters ectectect... I called EQ this morning a found out that they replied to the CRA Dispute and replied asking for deletion... LUCKY THEM!!!! I was looking foward for some time in court with them....
