Can someone post the Nutcase Letter

ORIGINAL NUTCASE -- LETTER #1:
--------------------------------------------------

Date

Name of Old Fully-Paid Acquaintance Address City, STATE ZIP

To Whom It May Concern:

I am formally requesting that you validate all tradeline notations you have submitted to the three major credit reporting agencies by NAME OF COLLECTION AGENCY or NAME OF ORIGINAL CREDITOR for me, YOUR NAME, for account number XXXXXXXXX.

Due to possible inaccuracies in these CRA reports, I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Please be advised that I am not requesting a verification that you have my mailing address; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline.

I have enclosed two documents which will verify my address: a photocopy of a [YOUR STATE] Driver's License and a photocopy of a recent [NAME OF UTILITY OR TELEPHONE COMPANY] statement.

Please know that you have 30 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from the CRA reports. Any other action may constitute evidence of your intent to abridge one or more civil or other constitutional rights. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

I look forward to a timely and amicable resolution to this matter.

Sincerely yours,

Your Name Address City, STATE ZIP

 

SON OF NUTCASE -- LETTER #2:
--------------------------------------------------

DATE

Name of Old Fully-Paid Acquaintance Address City, STATE ZIP
via facsimile transmittal

RE: Account # XXXXXXXXX

Dear Mr. NAME:

Again, I am formally requesting that you validate all tradeline notations that you have submitted to the three major credit reporting agencies by XXXXXX for me, [YOUR NAME], for account number XXXXXXX.

I am receipt of your correspondence postmarked [DATE]. You state that the account is reporting accurately in your opinion. However, it is not. I have contacted the alleged creditor, [NAME OF ORIGINAL CREDITOR]. They state that the account is â??an open account and paying as agreed (R1)." That is their â??understanding of the reporting.â? However, your credit reporting does not reflect the confirmed status by [NAME OF ORIGINAL CREDITOR]. Therefore, you are reporting incorrect information to the credit bureaus.

If you do not cease reporting of the incorrect information, I will be forced to take further action. Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and my rights as a consumer have caused harm to me by seriously affecting my otherwise unblemished credit rating, causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable loan terms.

Note that the FTC has maintained that incorrect credit reporting is the legal equivalent of prohibited collection activity. I assume that you cannot validate this debt, therefore I am demanding that you cease any and all collection efforts associated with the above referenced account. You chose by doing business as a collection agency to maintain the highest possible records of accuracy and to maintain and collect valid debts.

Iâ??m sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for.

As per the FDCPA:

§ 813. Civil liability [15 U.S.C. 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow

As per the FCRA:

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure;
(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

As a brief summary I state the following:
Your company has failed to send the legally required validation of this debt. You have been notified that your actions are detrimental to me and that your company has violated (including but not limited to) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act.

Your company knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. Failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed.

You have communicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to, Equifax, Experian, and Trans Union.

As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law.

Please understand that I am extremely concerned regarding the harmful resultant consequences of the actions your company has taken. Please be advised that, if this matter is not resolved expeditiously, I will take any and all necessary steps to protect my rights.

If you wish to resolve this matter, this will be your last opportunity to do so. The following item must be deleted from my credit files with the three major credit reporting bureaus (Equifax, Experian, Trans Union) within 5 days from the tracked and verifiable receipt of this letter. Forward a letter to me via facsimile and via regular U.S. mail stating it has been removed and will not reappear on my credit reports again. I will accept nothing less.

Please be aware if these accounts are not deleted within 5 days of receipt, I will file a formal complaint with the Federal Trade Commission, my state's Banking and Finance Bureau, and the Better Business Bureau. Also, note that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan).

For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.

Thank you and I look forward to your resolving this most expeditiously.

Sincerely,
Your Name Address City, STATE ZIP
Your Fax Number


--------------------------------------------------
FINAL NUTCASE -- LETTER #3,
SENT IF NECESSARY,
REQUIRES CUSTOMIZATION,
MODIFY TO SUIT YOUR ISSUES:
--------------------------------------------------

DATE

Name of Old Fully-Paid Acquaintance Address City, STATE ZIP
via facsimile transmittal

RE: Account # XXXXXXXXX

Dear Mr. [NAME OF COLLECTOR]:

I received a message that you have called my place of residence and left a message regarding resolving the above-referenced account.

My previous letter, submitted via facsmile on [DATE], outlined what action needed to be taken. I called you and left a message on your voice mail. Although I have requested that all contact be in the form of written correspondence, I attempted to again contact you via telephone at the number given (XXXXXXXXX) to resolve this matter amicably. It seems that you are either never at your desk or you do not answer your phone.

Let me once again outline what action needs to be taken. Since you have not validated the above referenced tradeline within the given timeframe, you are to immediately delete this incorrect account, in the form of a Universal Data Form, from files with the three major credit bureaus (Equifax, Experian, and TransUnion), and fax proof of the deletion to me immediately! Furthermore, since you are unable to validate this tradeline, it is lawfully assumed that you are unable to verify this account with the credit reporting agencies as well.

Also note, that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan).

Please be advised that failure to comply with my requests will result in a lengthy and expensive legal battle with your company. Considering that you are not located in my state, you will have to appear here or retain outside counsel to defend your interests. This matter can be resolved without such action.

For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is and attempt to correct your records, and any information received from you will be collected as evidence should any further action as necessary.

Thank you, and I look forward to your resolving this matter expeditiously, as time is of the essence.

Sincerely,
Your Name Address City, STATE ZIP
Your Fax Number

--------------------------------------------------
(end Nutcase sequence)
--------------------------------------------------

 

Well you are welcome, although I can't take the credit for these little jems. I just copy and pasted cause I cant do the link thing. Doc did the first one and I can't remember who did the others but they are all great.