a lil help

BIG TIME Violation! They haven't validated and they're trying to collect further.

Also, how did they find out about your refund, did they pull an inquiry? Doesn't sound like a permissible purpose to me. Anyone else?

Dancer

 

They have access to the STATE TAX and IRS???

Your credit report would not have any refund on it unless you got some "INSTANT" refund loan...

 

I think they are just taking a shot in the dark that you are getting a refund, probably sent this to many many people.

 

They're guessing...CA tactic #2348 call them right after April 15 and tell them "you know about their refund" - finish with devilish laughter such as BWAHAAHAAA.
They do not have records of that unless they are collecting for the CIA.

I would send the Estopple letter with an intent to sue if you are not given adequate information by date XYZ.

-Peace, Dave

 

Sure - Estopple letter is in sample section

 

Sounds like a deceptive practice to me.

Nuke 'em for another $1,000 under that premise.

Dancer

 

Send the estoppel. It builds you a better paper trail and will show that you have been trying settle the matter. If they respond respond to that, send them a letter of intent to file suit.

Gib

 

You know, it's deadbeats like you that cheat people out of no money and cost them nothing that give us all a bad name....................

Dancer

 

You know dancer is making a joke, right?

Send a copy of the statement back, and say "whoever owed this money seems to have paid it. Please leave me alone."

 

A joke! A joke!

Don't you realize how much money a poor CA has lost if they have 1,000 accounts that each owe them nothing at all?

Can't you do the math?

Look Here: 1,000 x $0 = er, um, uh, $0??????

Wow! It's a good thing they typically buy these accounts for 25 cents on the dollar.

Dancer



Seriously, consider sending an intent to sue letter for Deceptive Practices and mail fraud. File a formal complaint with the USPS, (costs nothing) and enclose a copy in your letter. They are idiots! Bump them!

Dancer

 

Creditnet FTC letter #1

Creditnet FTC #2

Those are 2 in the sample section for threatening to file with the FTC...here are 3 I have seen on the board...just search creatively.

-Peace, Dave

Here are the 3 I found from Danrs, LKH and LizardKing:

-----------One from Danrs----------
6 August 2001

Experian Information Solutions, Inc
P.O. Box 9595
Allen, TX 75013

This is to notify you I will be filing a lawsuit against you for violations of the Fair Credit Reporting Act. Before doing so, I make the following demand for payment.

I have attempted to have erroneous information on my report investigated and removed by you, and have requested you supply me with complete verification process information as outlined by the FCRA. You have failed to do both, and you are in violation of the FCRA. I now demand payment to cover my costs to date, and financial loss due to the erroneous reporting of, failure to verify, and failure to provide verification process information of the following account, as listed on my Experian Consumer Credit Report #xxxxxxxxxxx:

All Interst Bank, account #xxxxxxxxxxxxx.

In accordance with Los Angeles County Superior Court policy, I must first make demand for payment from you before I can file a complaint against you.

I now make demand for payment of the amount I will be seeking in court as reimbursement for my costs, financial loss, and damages, for the total sum of: Five Thousand Dollars.

Your immediate payment will preclude any legal action in Los Angeles County Superior Court concerning these specific violations of the FCRA as it relates to this account.

Payment for these violations will of course not prevent me from filing suit and seeking damages regarding any future violations of the FCRA concerning this or any other accounts or information listed on my consumer credit report, nor will it preclude me from pursuing further legal action to have this erroneous information removed from my Consumer Credit Report.

I will provide you Ten (10) days from the date you receive this letter for you to either remit payment, notify me of your intent to remit payment, or make reasonable offer of settlement. Your failure to do so will result in immediate legal action as outlined above.

Please remit payment immediately. Make check payable to:

danrs

Sincerely,



danrs
address
telephone

Cc: my attorney, esq.
---------------------------------------------------


---------and one from LKH-----------------------
Trans Union


To Whom It May Concern:


You have just been served with a lawsuit based on your continued violations of the FCRA. You have claimed in your letter to me that certain tradelines were verified by Trans Union, when in fact they were not and I have valid proof to support my claims.

Sanctions against a Credit Reporting Agency can be as much as $1,000 per violation.

At this point in time, I will dismiss my lawsuit for deletion of the accounts listed in exhibit 1 from my credit bureau file, as well as your written promise that they will not reappear in the future. In addition, I will also require that the accounts listed in exhibit 2 be re-inserted to my credit file. I will give Trans Union until August 23, 2001 to comply with my offer. Should you decline my offer, I will then ask for monetary damages in the amount of $1,000 per violation plus deletion of the aforementioned accounts,in addition to any and all other damages as the court may deem just.

This incorrect credit report has already caused me to be declined for credit. Should my report continue to be incorrect and I am denied further credit due to itâ??s inaccuracies, I will file another lawsuit for further damages.

Please do what is proper, and take care of this matter now so as to avoid further costs and inconveniences to both of us.

I look forward to your reply.

Sincerely,

LKH
---------------------------------------------


---------and one from LizardKing--------------


Someone asked me for my experience in my small claims lawsuits against Trans Union and Equifax. I believe the reason they settled with me was because I sent the following settlement letter attached with my lawsuits when they were served. I made it easy for the credit bureaus to get out of the lawsuit for free.

Here it is....

March 19, 2001

Equifax
1550 Peachtree Street
Atlanta, GA 30309

Re: SSN (000-00-0000)

To Whom It May Concern:

I regret to inform you that your company is now the target of a lawsuit due to an endless circle of grief you have caused me. I have sought to go through the process of investigating inaccurate information on my credit report, but the inadequate responses that lack any depth or serious attempt to correct my credit report have reached an end.

Your company is currently in severe violation of the Fair Credit Reporting Act. I have proof of mailing of numerous disputes that have been completely ignored. I also have two witnesses who proofread my letters and were present at the time of mailing. These letters include demands for evidence from the companies listed on my credit report and also include direct disputes with Equifax. Each violation of the Fair Credit Reporting Act is cause for damages of $1,000 per violation plus potential punitive damages.

To summarize the situation, I have been the victim of identity theft. I have sent numerous challenges to the credit reporting agencies (including your company) challenging invalid credit accounts and addresses that are listed on my credit report. Every time I challenge something on my report, I receive back a standard computer generated letter that merely says that the item has been â??verifiedâ?.

>From my research, I have learned that the standard investigation is merely to contact the creditor and ask them whether the account matches with name, social security number and other standard identifying information. If the response from the creditor confirms that the numbers match their database, then the account is â??verifiedâ?.

In the case of identity theft, such an investigation clearly has no value. Of course the information matches up. Someone used my information to get the credit.

I have run into a brick wall trying to get this false information removed from my credit report. When I contact the credit reporting agencies, they claim that it has already been investigated and verified. When I contact the company reporting the false information, they claim it has been sold to another company. When I contact the other companies, they never take any action because that is not their business. They are only trying to collect on accounts, not correct invalid information on credit reports.

I am filing this lawsuit against your company for the following reasons:
1) Defamation
2) Negligent Enablement of Identity Fraud
3) Violation of the Fair Credit Reporting Act

I am willing to dismiss the lawsuit and save us both all of the hassles if you will delete the accounts in question and prevent them from reappearing on my credit report through the process of blocking or cloaking those trade lines.

(list the account names and account numbers)

I look forward to your response. If you decline this offer of settlement, I will seek the full amount available in county court and a court order from the judge ordering that the information be removed.

I will be seeking to obtain a mortgage in the near future. If this invalid credit report information forces me to pay a higher interest rate than I would otherwise, I will be filing a new lawsuit against you for the difference in payments over the life of a thirty-year mortgage. Such damages could exceed $100,000 if the interest rate is just 2% higher than it should be.

Please do the right thing and resolve this issue now. It will save everyone an enormous amount of trouble.

Sincerely,
(signed by me)

 

Though the short answer would have been, why threaten to sue....just file.

-Peace, Dave