link: ----------------------------------------------------------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=152745#post152745 ----------------------------------------------------------------------------- letter: ----------------------------------------------------------------------------- Incompetent Collection Agency Facsimile 312-555-1212 Re: Account 800KMA269157 NOTICE OF INTENT TO FILE LAWSUIT To Whom It May Concern: This letter shall serve as formal notice of my intent to file a lawsuit against your company, due to your blatant and objectionable disregard of the law. On 11-10-01, You received a demand for validation and cease communication letter from me. This was sent certified mail (7000001445230587) that was signed by Suzy Suckass on 11-13-01. As of today you have failed to provide me with the proof I have lawfully requested. I sent a 2nd letter, the estoppel letter on 12-17-01 via certified mail (7001005324857458) signed by Suzy Suckass on 12-21-01. All of these you have chosen to ignore. The FDCPA states you must cease collection activity until you have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which you obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or you would have provided it in the previous 4 months since it was requested. Also, when an alleged debt is disputed, a notation must be entered on the debtors credit report showing the item as in dispute. Again, this was not done. 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. If not, let me point them out for you. FCRA 1. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) â?? Duty to provide notice of dispute. 2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information. FDCPA 1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication 2. § 809. Validation of debts [15 USC 1692g] As per the FDCPA: § 813. Civil liability [15 USC 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, but not exceeding $1,000 If you wish to resolve this matter, this will be your last opportunity to do so. The following items must be deleted from my credit files with the four major credit reporting bureaus (Equifax, Experian, Trans Union and Innovis) within 72 hours or by January 25, 2002 and you forward a letter to me via facsimile stating they have been removed and will not reappear on my credit reports again by you or another collection agency. Account # 800KMA269157 Please be aware if these accounts are not deleted by January 25, 2002, I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Illinois State Attorney General, The Texas State Attorney General and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously. Christi cc: My attorney, esq Federal Trade Commission Texas Attorney General Illinois Attorney General -----------------------------------------------------------------------------
You're welcome, soup! If you're up to it, have a look at these as well. KHM's "Intent to Sue" letter link: ----------------------------------------------------------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=128165#post128165 ----------------------------------------------------------------------------- Keller's "Intent to Sue" letter link: ----------------------------------------------------------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=168515#post168515 ----------------------------------------------------------------------------- kustomkat's "Intent to Sue" letter link: ----------------------------------------------------------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=137555#post137555 betacredit's testimonial for kustomkat's version: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=143719#post143719 ----------------------------------------------------------------------------- Lizardking's "Intent to Sue" letter link: ----------------------------------------------------------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=148424#post148424 ----------------------------------------------------------------------------- tmitchell's "Intent to Sue" letter link: ----------------------------------------------------------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=133913#post133913 ----------------------------------------------------------------------------- All of these made my infamous "save to hard disk" subdirectory, lol. Doc
LOL Doc you're the best and I am definitely upto it!! I getting ready for the last hurdle 1 CA on 2 CRA's, TU & EX....I've been reading old posts all day...what a journey...and it's only been a year, not really either, I started officially on my own in November...so not bad...Christie was such a motivition with her success, wasn't around for your story but will be searchin' for that as well...anyway, any question I've had even the very newbie posts, you've always been such a GREAT help....Thank You...you are truely an asset to creditnet!!! BTW...aren't you supposed to be on vacation?? LOL
LOL, well I tried... My Creditnet Vacation lasted exactly 7 days, and then I couldn't stand being away anymore. Moving van arrives July 5, and there's hardly any time to spare around here, so I have absolutely no excuse except that I'm addicted. Doc
I've been searching for over an hour for this! LOL I have 2 pages going, for 3 different searches. I just keep going from one to the next, and refreshing. I'm seeing double now. Thanks Psychdoc for all those great links. I thought I'd bump this, since it's so old, it's got some great stuff and could really help some of us now!! Now I'm going to go take some aspirin! LOL
I dont think I ever posted my results because I was really busy and missed credit net for a few months.. But my collection account disappeard shortly after sending my letter... Kev
I spent a couple of hours reading posts yesterday, and then I gave up and wrote one from scratch. I didn't want someone to call me a "newbie" or lazy. Dammit, I should've asked for help. A whole Sunday down the drain, except 3 intent to sue letters went out today and a certified procedure request. Charlie
