Attempt at a goodwill letter .

Discussion in 'Credit Talk' started by Hopeful 69, Feb 15, 2015.

  1. Hopeful 69

    Hopeful 69 Member

    This is a rough draft. I figure I would try to convince this guy that I could become a nutcase if he didn't address these issues.

    What do you guys think? I also would include a copy of this account from my cr and would give him my phone number so it could be marked in their system as off limits.

    Sir I would like to ask you about this account? *I settled it without going through the process of debt verification just to try and clear up my credit report. However your company appears to have somehow shown that this account was opened in Oct and shows your company on my report as a new account. *This account was bought from hsbc which acquired it from Capitol one. I never acknowledged this debt I just wanted it off my credit report.*

    * Upon purchasing this debt your company also pulled a hard credit inquiry. I have settled this account and one other which you bought from care credit. I realize that mistakes happen which is why I am emailing you. *I have spoken to you ombudsman, and a couple credit managers with no success. *According to the Federal Debt Collection Act it is the company doing the reporting prerogative to report account information. However it is the responsibility of said company to ensure that all information is correct.*

    * Also upon closing these accounts out with your company I told them they did not have permission to call me in regards to these accounts or any other matters on my cell phone. *On Feb 11 at approximately 8:45 pm I received a call *about accounts my wife has with you on my cell phone. *The lady on the other end asked for my wife I told her she was not there she asked if I knew my wife which I acknowledged. *She then asked if I still lived at my address I said yes. She then blurted out that she could talk to me and began giving me information about my wife's account. I interrupted her and had to ask who I was speaking with. *At no point before then did she say who was calling and what the purpose of the call was. I believe before she called she should have seen that my cell phone was off limits. *She also didn't do any real verification of my identity before she began releasing private information. And she did not identify herself as a debt collector until after discussing accounts and had to be asked.

    * I would appreciate it if you could also address these issues as it may violate several laws. I do not want any calls on my cell phone
     
  2. jam237

    jam237 Well-Known Member

    This isn't a good will letter. :)

    A good will letter would be one which says "Hey, I messed up, here's why. What can you do for me to work this out understanding what I was going through at the time.

    Unfortunately, if your wife's accounts listed your cell phone number, they can use it, on a new account. There's unfortunately not a requirement that they permanently block the phone number. (However, I would argue that once they knew that it's a cell phone number; calling it even on a new account is willfully and knowingly causing charges to be incurred, without knowledge of the collection purpose. This is why I say CAs that call before sending the first letter, and allowing time for the DV to be received are playing russian roulette.)

    This letter is more akin to an ITS without the ITS. :) I would say, if you are going to go to the lengths of an ITS, make sure that you don't forget to ITS. Ask them to cut you a check for $1,000.00 :)
     
  3. Hopeful 69

    Hopeful 69 Member

    Ok what is an its?
     
  4. Hopeful 69

    Hopeful 69 Member

    Never mind I figured it out. When I finished the settlement with them I called to verify. They asked if they had permission to call me on my cell phone in regards to this or any other matters and I said no. To me that means no matter what thay should not be calling my cell.
     
  5. jam237

    jam237 Well-Known Member

    The problem is that each account is a separate entity; legally... Even if they got a new account for you the next day, and called you about it, because that was the phone number given to them by the original creditor, they'd have a legal argument that they wouldn't have had to cross-referenced all their previous accounts to find the note about the number being given to them by the original creditor being a cell phone number.

    That's why I use the other argument, that by calling a cell phone (whether they presume express consent or not) they are causing charges to be incurred for the communications, which on its own is a separate violation of the FDCPA. :)
     
  6. Hopeful 69

    Hopeful 69 Member

    Ok thanks. I will use this. of course after checking it looks like florida office of consumer affairs and the federal office have both sent the complaints I filed so............
     

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