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Discussion in 'Credit Talk' started by sahlegian, Jan 17, 2003.
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Here's a good sample:
Incompetent Collection Agency
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.
1. Â§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. Â§ 1681s-2] (a)(3) â?? Duty to provide notice of dispute.
2. Â§ 611. Procedure in case of disputed accuracy [15 U.S.C. Â§ 1681i] (5) Treatment of inaccurate or unverifiable information.
1. Â§ 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication
2. Â§ 809. Validation of debts [15 USC 1692g]
As per the FDCPA:
Â§ 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.
cc: My attorney, esq
Federal Trade Commission
Texas Attorney General
Illinois Attorney General