i sent a ca a crrr letter for validation and was signed for on 8-3. on 8-20 i received a call from them admitting they could not legally validate the accounts. so on 8-21 i faxed a letter demanding deletion due to their legal depts. admission. i gave them 5 days to delete. which would be 5 bus. days today. should i send an intent to sue or give them another chance to validate or delete? and if i give them another chance, how long should i give them- 5, 15, or 30 days? i also have this same ca on 11 violations- 3 verifying while in dispute and 8- not marking in dispute with cra.
I laugh every time someone says they wish these CA's would follow the law. I DON'T! lol If they followed the law they would be validating. At this point you do need to file a formal intent to sue, Unless your letter of 8/21 stated such.) It's not a legal requirement but it shows the judge you took heroic efforts to resolve. Give them 5 business days to delete, or on the 6th day you file suit. Also in this case I'd demand $1,000 for their willfull violations. If this doesn't work you'll need to actually file. It's very easy to do. Once that happens and you get a case number and get them served you can offer one more chance to delete and if they comply you'll *consider* dropping the suit. We gradually apply more and more pressure until we get what we need. Get tough and learn to fight on their level. Good luck, keep us posted.
this is the letter i faxed on 8-21: VIA FACSIMILE August 21, 2002 Collection company name and address RE: Account #â??s: Dear Sir/Madame: I am writing you in response to a phone conversation I had with XXXX, who stated she was in your Legal Dept., on August 20, 2002. During this conversation XXX admitted the fact that you do not nor can you get the legally required validation for the above accounts. 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 above items 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 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, wandac so i don't think it would be considered an intent to sue. I was thinking of sending this letter next. tell me what you think: VIA FACSIMILE August 28, 2002 Collection company name and address RE: Account #â??s: 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 August 3, You received a demand for validation letter from me. This was sent via Certified Mail. As of today you have failed to provide me with the proof I have lawfully requested. On August 20 I received a call from XXX in your legal dept. In response to that conversation I sent you a letter via facsimile on August 21 requesting deletion of the above accounts due to the admission that you do not and can not get the legally required validation. The FDCPA states you must cease collection activity until you have produced validation 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 month 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. . Your company also, when the account was in dispute with the Credit reporting agency/agencies, you continued to verify and update the information, without sending me my demanded proof of the alleged debt as per my requests. I'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. § 809. Validation of debts [15 USC 1692g] (b) â?? Failure to validate but continues to collect - Failure to validate but continues to report 2. § 807(8) Failure to report to CRA as disputed 3. § 808. Unfair practices 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 three major credit reporting bureaus (Equifax, Experian, and Trans Union and) by September 5. . Forward a letter to me via regular mail stating they have been removed and will not reappear on my credit reports again by you or another collection agency. Please be aware if this settlement is not accepted and fulfilled by September 5, 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 Ohio Attorney General, and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously. Sincerely, wandac thanks for any help and advise.
