I have to say thanks to Butch..his letter ( a bit modified ) just scared the crap out of a CA...took them all of 20 minutes to reply to it. thanks butch.
Can you post your modified letter, please. I could use it about now for a collection that was supposed to have been removed.
do a search for postings by Butch but also include a keyword of 'methodist' this is the letter i used, he posted an example of it in a different thread for my a while back. I changed it for my situation. my CA was non-responsive after 2+ months of contact attempts. thanks
Here's the letter! LINK: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=220325#post220325 LETTER (Butch's Intent to Sue): Saturday August 10, 2002 XXXXXXXXX Methodist Hosp. Dept. 750 XXXXXXXXX, XX, XXXXX Fax: 1.800.xxx.xxxx Attn. Office of the Administrator/ Executive Offices AND Legal Department Acct # 3XXXXXXXXXX For Mr. Butch Acct # 3XXXXXXXXXX For Mr. Butch Acct # 3XXXXXXXXXX For Mr. Butch To whom it may concern: I called your office on 8/9/2002 and spoke to your polite "Katelyn". I informed her that this call was one last ditch effort to resolve these 3 accounts prior to the filing of a lawsuit. She put me on hold for 5 minutes and returned to tell me that someone will call me back right away. Needless to say you did not call. This is also a demand for $1,500 in damages sustained by your blatant and willful disregard (willful and negligent noncompliance) for State and Federal Law. NOTICE OF INTENT TO SUE It is a well settled legal principle that all efforts to resolve a dispute must be exhausted prior to filing a lawsuit. This notice is to serve that purpose. Your willful and negligent non-compliance reached diseased proportions a long time ago. This notice is to inform you that legal action is now immanent. The information you are supplying to your collection agencies is inaccurate and has been in full dispute for over 1 year. Due to the blatant and willful violations I am currently in the process of filing complaints with the Better Business Bureau, the Federal Trade Commission and the State Attorney Generalâ??s Office. Your failure to cure will result in a lawsuit, possibly filed in Federal District Court for Statutory, Compensatory and Unspecified Punitive damages, in demand of a jury trial. I also intend to subpoena all 15 of your people I've already spoken to in an effort to resolve. XXXXXXX Methodist Hospital, #1 Collection Agency, and #2 Collection Agency are in violation of (but not limited to) the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Defamation Of Character and Willful and Negligent Noncompliance, as well as the FTC's Unfair Trade Practices Act. WARNING! Section 1681s-2(b) of the Fair credit Reporting Act creates a cause of action for a consumer against furnishers of erroneous credit information (Nelson v. Chase Manhattan). YOU, AS THE ORIGINAL CREDITOR ARE LIABLE FOR THE ILLEGAL ACTIONS OF YOUR COLLECTION ASSIGNEES. There IS cause for action on my part. I have been denied credit because of this erroneous entry, lost opportunity and suffered financial damages. Final Offer To Cure Send me the following documents via fax: Acct # 3XXXXXXXXXX For Mr. Butch 1) A letter stating that this account was turned to 1st Collection Agency, IN ERROR and that you have retracted the file. That all derogatory information will immediately and permanently be deleted from ALL credit files. 2) A copy of the Universal Data Form (UDF) and a statement that it has, in fact, been transmitted to Equifax, Experian, Trans Union, et al. Acct # 3XXXXXXXXXX For Mr. Butch 1) A letter stating that this account was turned to 2nd Collection Agency, IN ERROR and that you have retracted the file. That all derogatory information will immediately and permanently be deleted from ALL credit files. 2) A copy of the Universal Data Form (UDF) and a statement that it has, in fact, been transmitted to Equifax, Experian, Trans Union, et al. Acct # 3XXXXXXXXXX For Mr. Butch 1) A check for 210.00 PLUS $38.49 in interest. Reimbursement for your failure to timely file for insurance. 2) A letter stating that this item is perminatly closed and will not re-appear on my credit files. I am now in demand of $1,748.49 for all the work, pain and suffering etc., etc., already expended to help you correct your books, and re-imbursement for Acct #3. Please don't further insult my intelligence by stating it may take 60-90 days. Your instruction, via fax, to CA1 and CA2 will take 10 minutes. They will spend 5 minutes filling out a UDF and another 5 minutes faxing it to the credit bureaus. If you wish to notify me that you are agreeing to these terms of resolution you must fax your intent to my office NO LATER than close of business Wed. August 14, 2002. As you might guess I keep very thorough records. Do I expect you to drop everything else you happen to be doing and resolve this immediately? ABSOLUTELY! I have been fighting you people for a year and a half and it WILL stop THIS WEEK! My lawsuit will be filed on Friday August 16, 2002 I look forward to your resolving this matter immediately, if not sooner. Respectfully, Mr. Butch Enclosures 28 items Note Butch's follow-up in this thread -- he got quick results!!! Doc
I guess I should make sure to add, they still havent done anything, but I have a faxed letter saying it is a mistake and will be repaired shortly. I will still file the suit on Monday if it isnt 100% gone from my reports. "this letter is to confirm that we have closed the above referenced account. no further obligation exists on this account and we are in the process of updating your credit bureau file. we apologize for any inconvenience this may have caused" This was after 50 or so days of being ignored. I'll update when it is gone.
