Dumb CA of the week award

Discussion in 'Credit Talk' started by Flyingifr, Feb 19, 2003.

  1. Flyingifr

    Flyingifr Well-Known Member

    I just got a first letter from a CA on a disputed bill and the letter contains TWO FDCPA violations (failure to put the "true name of the collector's business" and failure to put the true name of the creditor).

    I sent them the following letter, threatening suit in 14 days for failure to give the CA's true name (AZ Corporation Commission says the true name has ", Inc." at the end). When they get back to me with the next letter, I will cue them because their letter doesn't have "Corporation" at the end of the creditor's name. I have BOTH AZ Corp Commission Filings to prove the correct names.

    QUESTION: They are guaranteed to violate my FDCPA rights twice in the first two letters. How many times can I sue them over one debt?

    Here's my letter going Cert RRR tomorrow:


    This letter is to inform you that pursuant to 15 USC 1692(c) you are hereby notified that
    I refuse to pay this alleged debt and that you are hereby instructed to cease and desist from all
    future communication with me about it.

    This debt is disputed and your client was so notified of that fact by Certified Mail on January 7, 2003 which was signed for my â??L Mirandaâ? on January 9, 2003.

    Furthermore, I would like to inform you that I will be vigorously protecting my rights in this
    matter as they are defined in the Federal Fair Debt Collection Practices Act (15 USC 1601 et
    seq). You are hereby reminded that you are prohibited from reporting this matter to any Credit Reporting Agency (as defined by the Federal Fair Credit Reporting Act, 15 USC 1581 et seq)unless you specifically report it as disputed. I check my credit bureau file daily and any violation of the law in this matter will be dealt with swiftly and decisively.

    Furthermore, you are already in violation of my rights under 15 USC 1962(e)(14) in that your
    letter contains something other than the â??true name of the debt collectorâ??s businessâ? (text from
    the statute). I will be filing suit in fourteen days for actual damages plus additional damages up to $1000.00 (15 USC 1692k). You may avoid the expense and embarrassment of a lawsuit by
    forwarding your check in the amount of $1,000.00 to me immediately at the above address.
    Should you commit any further violations of my rights under law I shall commence a lawsuit
    under the provisions of 15 USC 1692k with no further notice to you.
     

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