is this letter ok?

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

  1. picantel

    picantel Well-Known Member

    I am going to send this letter out today. Does it look ok to you. I called rma about the sol debt and my c/d letter and he denied ever getting it. I asked if <fax> was theirs and he said yes.

    Risk Management Alternatives, Inc.
    2420 Sweethome Rd STE 150
    Amherst, NY 14228-9516
    08/05/02
    Re: Account <deleted>

    NOTICE OF INTENT TO FILE LAWSUIT

    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 06-03-02, you receive a cease and desist letter asking that you cease all communications with me by both phone and mail. The statute of limitations has long been up and I also advised you to stop wasting my time and your money.
    This is a direct quote taken from the FTC site:
    Continuing to contact consumer after receiving "cease communication" notice: The FDCPA requires debt collectors to cease all communications with a consumer about an alleged debt if the consumer communicates in writing that he wants all such communications to stop or that he refuses to pay the alleged debt. (8) This "cease communication" notice does not prevent collectors or creditors from filing suit against the consumer, but it does stop collectors from calling the consumer or sending dunning notices.

    Iâ??m sure you are aware of the consequences in violating 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.

    § 805. Communication in connection with debt collection [15 USC 1692c]
    c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt.

    § 807. False or misleading representations [15 USC 1962e]
    10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.



    § 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

    I will also be filing mail fraud charges against Johgn Lodico(employee) for the following conditions:
    a)false bill or notice

    I will also be filing federal fraud charges against Johgn Lodico:
    This is from the US Statute of Frauds Act
    Collection of extensions of credit by extortionate means
    18 U.S.C. § 894
    Collection of extensions of credit by extortionate means
    (a) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means
    (1) to collect or attempt to collect any extension of credit, or
    (2) to punish any person for the nonrepayment thereof,
    shall be fined under this title or imprisoned not more than 20 years, or both.
    (b) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made. collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.
    (c) In any prosecution under this section. if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made. of the circumstances described in section 892(b)(1) or the circumstances described in section 892(b)(2), and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat. the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.

    If you wish to resolve this matter, this will be your last opportunity to do so. You have until Wednesday, August 7,2002 noon e.s.t to call me to settle this matter at <deleted> Please be aware if no call is made I will be filing a lawsuit that afternoon for multiple violations of The Fair Debt Collection Practices Act. I will then decide if I wish to file a small claims lawsuit against your company or seek the services of the law firm of Willis and Willis who specialize in the FDCPA. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Ohio Attorney General, and the Better Business Bureau, the Georgia Attorney General, and the New York Attorney General. Thank you and I look forward to resolving this most expeditiously.

    Sincerely,


    <me>
     
  2. cibomatto

    cibomatto Well-Known Member

    wow... it looks good to me.. but please whatever you do don't base sending your letter on my opinion.. I still feel too much like a newbie....
     
  3. tracyb0313

    tracyb0313 Well-Known Member

    I also am a newbie, and the letter looks good, but is it a good idea to have them call you? Shouldn't you communicate thru fax instead? Or mail? I think it's always a bad idea to get involved w/ these people over the phone, but that's just me! Looks good tho!
     
  4. LKH

    LKH Well-Known Member

    You have 1 little problem. You are reiterating a cease and desist you sent them that states not to contact you by phone or mail, then you ask them to call you to settle. It can't be both ways.
     
  5. picantel

    picantel Well-Known Member

    Should I just include a settlement $ in there and give them to x date to pay up and if so how long should I send them? I want to nail em sooner than later. Also, I have seen the SOL in ohio on an open account to be 4 years on 1 site and 6 years on another. Does anyone know what it actually is. If it is 4 years then I can nail them for pulling a hard inquiry with no permissable purpose.
     
  6. tracyb0313

    tracyb0313 Well-Known Member

    I would extend the time frame, to give them 5 business days or so. Enough time to get something in the mail to you. If you mail it out today, then give them til Monday, or even just friday if you want to play hardball. I was going to say that you sent the c + d, so how can they call you, but I wasn't sure if I was right--I didn't want to sound totally stupid! LOL LKH knows what he's talking about, so I actually feel better knowing that I had the same thought--I guess I know more than I thought I did! LOL Ok, enough patting myself on the back. That's what I'd do, extend the time frame past this wednesday, and make them mail you something ASAP, or fax it to you, but definately NOT call you!!
     

Share This Page