Here's the situation. I have a JCPenney account that I have disputed with EQ at least three times. I just noticed that when the investigations come back as "VERFIED" they have decided to change the number of late pays. I am writing an Intent to File Complaint demanding immediate deletion because of their inability to keep accurate records. Please proof and offer ANY suggestions(Feel free to just TEAR IT APART!) lol. Dear Sir/Madame: This letter shall serve as formal Notice of my Intent to file a Complaint with the FTC, due to your blatant disregard of the law. As indicated by the attached copies of my Equifax credit report, you have not maintained accurate records with regards to the referenced JCPenney (acct# XXXXXX*) trade line. As of this moment, you have not done your duty mandated under the Fair Credit Reporting Act (FCRA). Your actions in this matter are inexcusable, and your disregard for the law is shameful. Attached are three (3) copies of my Equifax credit report dated April 25th, May 27th, and June 6th, 2002. The above mentioned trade line is reported differently and inaccurately on all three reports. Please see the information below: 1. Credit File â?? Confirmation Number: 123456789 (dated April 25th, 2002): â??Previous Payment Historyâ?: 2 Times 30 days late; 2 Times 60 days late; 4 Times 90+ days late. â??Previous Statusâ?: 09/96 â?? R4; 08/96 â?? R5; 07/96 â?? R5 2. Credit File â?? Confirmation Number: 987654321 (dated May 27th, 2002): â??Previous Payment Historyâ?: 2 Times 30 days late; 1 Times 60 days late; 13 Times 90+ days late. â??Previous Statusâ?: 09/96 â?? I4; 08/96 â?? I5; 07/96 â?? I5 3. Credit File â?? Confirmation Number: 123456879 (dated June 6th, 2002): â??Previous Payment Historyâ?: 2 Times 30 days late; 1 Times 60 days late; 12 Times 90+ days late. â??Previous Statusâ?: 09/96 â?? I4; 08/96 â?? I5; 07/96 â?? I5 The payment history on this account has changed on each of these three (3) reports. It is obvious that you have not maintained accurate records with regards to this account nor can you verify this account information. These results of your inept and preposterous record keeping dictate your flagrant disregard and willful violation of the very laws that congress enacted, via the FCRA. The FCRA has been very clear and adamant about the issue of credit reporting accuracy. Equifax is in violation of the following: § 607. Compliance procedures [15 U.S.C. § 1681e] (b) Accuracy of report. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information. Because of your willful and purposeful actions, you are liable to me the amount of $1000.00 per violation. § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] Upon receipt of this letter, and within 7 days, I demand that you delete, in its entirety, the above inaccurate information contained on my credit report. This is not a demand for re-investigation as you have proven by your own negligent actions that these items cannot be verified and is therefore deemed inaccurate. Failure to comply will result in the filing of a complaint with the FTC. Furthermore, I intend to seek redress in civil action, to recover damages, costs, and attorneys fees, should you continue in your deliberate obstruction of the law. Enclosed you will find copies of the following: 1. Credit File â?? Confirmation Number: 123456789 dated April 25th, 2002 2. Credit File â?? Confirmation Number: 987654321 dated May 27th, 2002 3. Credit File â?? Confirmation Number: 123465789 dated June 6th, 2002 Sincerely, javan PS - I'm no english major, so please check for spelling and grammer errors as well. thanks!
Also, you will notice that EQ has changed this from a Revolving(R9) account to an Installment(I9) account. What's that all about??
You make all the points in the letter, its not too long either, I would send this off just like you have it. I like it. You don't keep going on and on and on and on and on and on.
In my opinion, I would change that from intent to file a complaint to intent to sue. The FTC will take their sweet time. I personally send one to the FTC when I send an Estoppel just for window dressing and one to the Att Gen. It all depends where you are if the AG will do anything. The Intent to Sue will get their attention. Charlie
The FTC does absolutely nothing. If they get hundreds of complaints, then they MAY start an investigation. If you are threatening that, you may as well include the BBB, your state and their state Atty Gen., and whoever else you can think of.
Thanks for your advice/opinions. I'll change the "file complaint" to "sue". I'll probably also, send a version of this letter to JCPenney. I sent validation and Estoppel, now I guess it's time to get serious!! Thanks Again
