When responding to a bogus validation and the subsequent violations by a CA do you outline the violations commited or do you prefer to keep it vague? Please post success/failures from both styles as well as pro's / cons. Thanks
Are you getting ready to sue them now, or are you allowing them to rack up some more violations? IMHO, I would never give them a heads up and allow them to fix the problem and then attempt the "bona fide error" defense.
The letter I am preparing is to the effect "I have given you a chance to validate yet you conitnue to collect and have racked up this many violations in the process.Please correct by deletion etc.." The next one will be an actual suit if this doesnt work.
You mean you actually write an ITS on your own and tell them all about their violations and just send them that? Something to the effect: Dear Sirs: I am going to sue you because you violated FDCPA. I am going to sue you because you harrassed me by phone. Yada Yada Yada Sincerely yours Is that somewhat the way you send them an ITS?
Bill, Almost. mine is more to the effect of: I have recieved your letters dated Yada and YAda. You are attempting to collect on a debt that you have yet to prove is mine. I go on to say..... At this point I have 2 FDCPA and 2 more FCRA violations documented concerning this issue. Then... I would like to offer an opportunity to settle this by offering your company the chance to correct this mistake. Please delete the tradeline from all 3 credit reports ...you have such and such days to respond beofre I cnsider my legal alternatives... this is something like I have right now.
Unbelieveable! Absolutely unbelieveable! That isn't an intent to sue letter at all. No where near it. An Intent to Sue letter is a precise legal form and has precise format to use.
Bill, Ok Ok ..I get your point. This letter is being written in hopes that the CA realize that they have violated the law and that if they dont correct I will sue. But no its not a "im gonna sue you now letter." Its not a 15 day validation letter because they still are within the 30 days..(about a week left) i dont plan on wasting my time with the 15 day letter since they are still aggressively trying to collect on the account even though they havent validated. I am looking for something in between I suppose.
Follow up letter Also bill, i was hoping you would chime in with advice since you dont really like to give details when sending letters to the CA(or so I have assumed by reading past posts). Other examples I have seen from other posters on this board really give great detail to the CA in their letters. I wanted a pro/con approach and success rate before I decided which route I would take. Sorry if I misworded the topic title..I shouldve named it this "Follow up letter opinions"
It is a legal form and can be obtained from the Cornell University Law school website. Do a search for it. Getting it won't be easy even after you find it which isn't all that easy either. You have to copy and paste it once you find it and then you have to straighten it out and see how it is actually formatted by looking at the letter on the website and then figuring it all out. You probably won't get it right until you have printed it off maybe 3 or 4 times then making changes in your copy until it comes out looking like a legal document should look. Then there are specific informational items that have to be entered into the form before you actually send it off. It is a bit tricky to learn to use it properly but once you get the concept firmly in mind its really quite simple. Like any other tool, you have to learn how to use it and when to use it or you just end up getting ignored or worse yet laughed at.
Bill may have done this more often than I have, but i send a simple letter (based on the ones found here) that I intend to file a lawsuit based on violations of the FCRA and or FDCPA. I do not list the violations for the reasons that others have mentioned. I mention the previous lack of response to letter that I have sent. I do not send another letter before I file suit. I usually give them ten business days to respond. Depending on the CR/CRA, I may include the actual paperwork from my small claims court, undated of course>
