I wrote this letter to a CA that has lied to everyone possible especially me!! Tell me what you think!Thanks! 12/12/01 RE: LAST LETTER BEFORE LAWSUIT IS FILED Dear Mr. MacDonald: This letter is in response to your letter sent to the Better Business Bureau, dated 12/5/01. In your letter you stated several things that do not coincide with what my records state. First, you state that you spoke to me on 11/9/01, which in fact was my wife, Kellie, I have never contacted your business by phone. Second, you informed me, which was actually my wife, that the credit files take 45-60 days to update. My records indicate you stated, to my wife, that you would do an internal audit and that it could take 48 hours to update. There was never any mention of it taking 45-60 days. You also stated, that you pulled my credit file, when you had no permissible purpose to do so. Another statement made in your letter to the BBB, â??Since we received this complaint we have conducted our own internal audit of Mr. X's credit file.â? I ask you, why it took a complaint to the BBB to conduct this, when in a previous conversation, with my wife, you stated you would do this? In the BBB letter you stated that: 1. Account#xx20- reflects outstanding balance of $587. as of 12/4/01 ** on 12/11 I pulled my own Trans Union report and it still states balance of $1587. 2. Account #xx60- reflects PIF on 12/4/01 ** again on 12/11 report I pulled it states balance of $80. You are failing to keep accurate records, which violates the FCRA. You have lied to the BBB and you have lied to me. I consider myself to be a very reasonable person, however, I do not tolerate being lied to. I have given you ample time to fix your errors, yet you refuse to. You have the option to return account # xx20 to the original creditor, as well as delete your entry on my credit file and delete account # xx60, from my credit file. Otherwise I will be forced to file a lawsuit against you, I will sue for defamation of character, enablement of identity fraud and violations of the FCRA and FDCPA. If I do not hear back from you by December 24th 2001, I will begin the above mentioned lawsuit on December 26th 2001. Also note that I am allowed to sue for punitive damages as well as court costs. One last note, I will no longer deal with Credit Bureau Services of NH, if there are any other accounts that I have not noted above, that have an outstanding balance, return it to the original creditor, I will only deal with them. Sincerely, ME cc:Better Business Bureau of NH
Sounds really good. Not sure if the permissable purpose argument is supported by the FCRA. Here is how I interpret it, they pulled the report to launch an investigation against you which they can do. Look at section 606 of the FCRA, they have to notify you within 3 days they are doing that. Read the specifics on that. You may have them on that. Also sect 614, they have to verify any information they supply to a 3rd party. You can nail them on that if it wasn't properly verified and is incorrect as you say. Certainly you can get them on 3rd party conversations to your wife (as long as she if not on the referred accounts) Definitely go through any references to investigative reports to 3rd parties (BBB) and procedures.
They are actually a collection agency, I think, if I read your response right, you're under the impression they are a CRA?? Thanks for your response. I was just looking over the letter they sent to the BBB and on another account they said "Paid in full as of 9/31/01" Last time I checked there were only 30 days in September...lol. There were a total of 6 accounts I disputed with them, 3 were deleted, 1 was reporting correctly (other than 9/31/01) and the 2 in my letter are all wrong. KHM
I am actually THE wife...lol. I have been doing all the credit stuff, my husband can't be bothered, but everything is signed by him. I am not referenced on the account (old medical bills). *I* called them to set up payments (before I found this board), I called them before the last 3 payments and asked for a letter stating which ones were paid off, they refused so I told them to take the last few payments and shove 'em. My husband knows who I am dealing with at all times (he won't talk or write to them cause he curses a lot when he's upset...lol) ANYWHO, how can I nail them on me talking to them? All I did was give his account numbers and address and they were more than happy to give all the info. Is there any law about this? Thanks again
