CA - Update and Advice Requested

Discussion in 'Credit Talk' started by jds71, May 30, 2003.

  1. jds71

    jds71 Well-Known Member

    OK, here's the deal on this one...

    Nationwide Recovery Systems for Cingular Wireless
    Trying to collect 967$

    3/28 CRRR Validation letter received 3/31
    No response
    Disputed with Experian 5/8
    They verified
    No notation that it is in dipute, no response to my letter

    Not sure but I disputed with TU & Eq as well- probably will have the same results.

    Planned Next step:
    2nd Validation letter w/Wollman letter
    I'm wondering how cranky i should get.. I could list off their violations, give them another 30 days then send estoppel & ITS.

    Does this sound like a good plan?
     
  2. jds71

    jds71 Well-Known Member

    Here's the 2nd letter- Anyone think it is too cranky or giving them too much info?




    Nationwide Recovery Systems
    3000 Kellway Drive, Suite 108
    Carrollton, TX 75006


    Date: 5/30/03

    RE: Dispute Letter of 3/28/03, Acct # 1xxxxx (ref. Experian report)

    Dear Sir or Madam:

    This letter is formal notice that you have failed to respond in a timely manner to my dispute letter of 3/28/03, for which I have a CRRR notice.

    Federal law required you to respond within thirty (30) days, yet you have failed to respond in over 60 days. Failure to comply with these federal regulations is a direct violation of the Fair Debt Collections Practices Act §809 (a), which is punishable by a $1000 fine. You have failed to provide requested validation and instead have â??verifiedâ? with the Credit Reporting bureaus. In addition, you have failed to mark your listing on my credit report as disputed as required by the Fair Credit Reporting Act §623 (a) (3), which is also subject to a $1000 fine. (x 3 for each Credit Bureau) I further remind you that, as in Wenger v. Trans Union Corp., No. 95-6445 (C.D.Cal. Nov. 14, 1995), you may be liable for your willful non-compliance in this matter. This blatant non-compliance with the law is frankly shocking and unacceptable.

    Please also Note:
    Finance Code Section 392 et seq. of the Texas Statutes governs debt collection practices in the State of Texas. These provisions generally mirror those prescribed under the Federal Fair Debt Collection Practices Act under 15 U.S.C. §§ 1692-1692(o). Specifically, the statutes require debt collectors to provide written response to disputes by consumers within thirty (30) days of receipt of written notice, and make corrections to inaccuracies within 5 business days, prohibits conducts which constitute threats or coercion, harassment, unfair or unconscionable means, fraudulent, deceptive or misleading representations, deceptive use of credit bureau name, and use of independent collectors.

    Therefore, I am making a final goodwill attempt to have this matter resolved before I am forced to take legal action. You have fifteen (15) days from the date of this letter to either: 1) delete this invalid listing from all three major credit reporting agencies and send to my attention, to the above address a letter stating that this will be done (UDF), 2) provide the previously requested validation of this alleged debt (original letter has been enclosed), 3) provide me with the name and address of your agent for service of process in Texas, as your willful non-compliance with the law will leave me no choice but to file a lawsuit with the Dallas County Court citing the above mentioned violations and fines.






    Please be advised that a copy of this letter, along with my original request and CRRR are also being forwarded to the following entities: Federal Trade Commission, Texas State Attorney General, and Better Business Bureau.

    I trust that you will not choose to continue to ignore your legal responsibilities, but will resolve this matter within fifteen days as noted above pursuant to Texas Fin Code 392.202

    Sincerely,
    Jennifer D. Solberg



    Encl


    CC:
    Federal Trade Commission
    CRC-240
    Washington, D.C. 20580


    Texas State Attorney General
    Consumer Protection Division
    PO Box 12548
    Austin, TX 78711-2548


    Office of Consumer Credit Commissioner
    2601 N. Lamar Blvd.
    Austin TX 78705


    Better Business Bureau
    2101 S IH 35 Suite 302
    Austin, TX 78741-3854
     

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