I just got a call in my office from an OC avane after the limited C&D has been sent to them twice! To make matters worse, they told my secretary they were calling about a delinquent TL. At any rate, here's the letter I have drafted in response to their call and comment that "in 20 minutes this file is going to legal"..............oooooooooo scare me. I tried to keep the letter somewhat simple and show them I know about the law but this debt is within SOL so I have to be kinda careful. What do y'all think? Or should i just go ahead and sue the crap out of em and tell them to screw off when they try to call or write me? November 19, 2003 Bad OC P.O. ***CMRRR# ** Re: Account Number: Dear Sirs: This letter is sent to memorialize several recent events that you should immediately act upon to correct. You were advised in my letter of October 3, 2003 which was received by your office on October 6, 2003 that you were not to contact me by phone at work as I am not able to receive personal calls. Additionally, I made the request that I be contacted only in writing at the aforementioned address and I requested complete verification of this debt. Once more you were reminded of this in my letter of November 6, 2003. To date BAD has apparently decided to ignore my requests, repeatedly contacting me at work during business hours and divulging personal information regarding this matter to employees of my company. As I was in a meeting, a phone call was transferred into my office and a lady stated that I had twenty minutes to make a decision on what I wanted to do with the account as it would be in legal hands if I did not respond. I advised her to refer to my previous correspondence to BAD Bank. She refused and attempted to force a decision from me at which time I advised her to please put that information in a letter as this is how business matters should be conducted in legitimate situations. These blatant violations of applicable laws are magnified by the fact that BAD BANK has done absolutely nothing to provide validation of this debt as was previously requested in my October 3 and November 3, 2003 correspondence. I also have documented proof that you have declined to list this account as â??in disputeâ? with any of the credit reporting agencies. As it stands today, BAD has violated every recommendation, guideline and law provided for consumers by the state of Texas and FCRA that directly relate to the alleged account in question and reporting/collection attempts therein. I do not understand your unwillingness to follow the law in their course of business collecting and attempting to collect amounts allegedly owed to them. Nonetheless, it is in our mutual interest to resolve the matter without the necessity for expensive litigation. In the event BAD does not wish to settle the matter, I will be forced to file suit and seek the fullest remedy the law allows. I do realize BAD feels it has a debt owed to it but it has been made very clear that the amount is in dispute and needs proper validation before any consideration can be given. This is not in any way my renewed promise to pay this debt, and in fact is my third notice that this is a doubtful and disputed situation. I am unaware of any recent offers to settle this matter made in writing by BAD. Please forward this to me at your earliest convenience. I would consider full deletion of our business relationship from the credit bureaus as well as a check from BAD in the amount of 6000 as remuneration for these issues. Needless to say I will never do business with you again, even though I have had several revolving as well as auto loans thru BAD over the years. I am sure you would consider this settlement fair as we can be sure that the repercussions from a lawsuit, attorney fees, repeated violations, statutory and possible punitive damages and the potential of a class action lawsuit would most likely be far greater than the amount I am willing to settle with now. Notice: This agreement is restricted. This is not a renewed promise to pay but rather a restricted settlement offer only. By not signing below, you agree that the debt has not been renewed nor has any concrete written agreements been exchanged. Creditorâ??s Authorized Signature: _____________________________ Date:____________ Name Title :
