Intent-to-sue letter

Discussion in 'Credit Talk' started by tmitchell, Jul 6, 2001.

  1. tmitchell

    tmitchell Well-Known Member

    Hello everyone.....

    This is the content of an intent-to-sue letter I have drafted in response to Experian's outright lie that they investigated certain entries on my report.

    The creditor verified with me that Experian never contacted them about the accounts.

    Can some of you tell me if this letter will work?



    Dear Sir or Madam,


    I disputed several student loan entries listed on my credit report on or around June 21, 2001. These appear to be duplicates and they are harming my credit. Six days later, you claimed the investigation was completed and that the items were to remain on my file.

    I have since contacted my servicer regarding this alleged investigation and requested my own verification that these items were, in fact, investigated by your company. They were not. They have no record of you ever contacting them regarding these accounts. Be aware, they DO keep records as evidenced by the fact that they were able to confirm for me that one of your competitors requested an investigation just 3 days ago.

    Additionally, you list a bankruptcy on my credit file that is also incorrect.

    Please be advised that, during my investigation, I noted the names, addresses, and telephone numbers of the people I corresponded with regarding these issues and they are willing to support my claims that your company never verified these items.

    You are now on notice that I intend to file suit against your company for defamation and violations of the FCRA if these inaccurate items are not completely removed from my Experian credit file within 5 business days.
  2. nursie

    nursie Well-Known Member

    That's very good, Tom! Now to just get it to a person who matters. Have you thought of planet feedback?
  3. cosjef

    cosjef Well-Known Member

    Tom--Take out the first sentence. It seems childish and you sound pissy. Remove it and the letter sounds more professional.
  4. tmitchell

    tmitchell Well-Known Member


    Actually, that may be a good idea. I was also considering an overnight certified letter to prove I mean business. But you are right, I gotta figure out who to send it to!

  5. Ender

    Ender Well-Known Member

    I would then follow it up with filing the small claims.. then send another fnial letter saying that you are wlling to drop the suit if they do as you demand and prevent the items from reappearing... so they have that easy way out. Good luck and let us know how it goes
  6. Marie

    Marie Well-Known Member

    Good letter, but if I were you I'd get the procedural description from the bureau before raising the flag. Get it in writing that they verified... and how.

    They may have done something called "computer" verified (which I think is nothing more than them looking at their computer and saying it's right). No joke.

    Anyway, if I were you, I'd get the description in writing and then dispute it one more time. Reason??? an item disputed more than once is supposed to be verified more strenuously. If they do a b/s job again.. you have more grounds. Besides, the last one only took 6 days :) their lying should be quick.

    Also, get the lender to write a "no contact via phone or letter" letter from your student loans. Get your paperwork in order before threatening. REally catch them (2 times lying looks really purposeful). eg: willful not just negligent noncompliance. See... :)

    Again, you can followup with a letter from your lender verifying no contact from the CRA for the second round of investigations.

    Take a breath, get your docs in order, then blast them with more ammo. You'll have a better case this way.
  7. Marie

    Marie Well-Known Member

    also, what's wrong with the bk? did you not file? is it inaccurate? if so, you must state some reason why it's wrong (look at case law).

    There must be a reason for dispute if you want it to hold up in court.
  8. tmitchell

    tmitchell Well-Known Member


    The docket number for the BK is incorrect and the liability amount is $0. I have already disputed these items and I am awaiting a response. I figured I'd throw these items in, in hopes I could get them erased easily. The worst they can say is "NAH".

  9. Saar

    Saar Banned

    BK disputes are usually effective only after you first remove all tradeline that show "included in BK".

    Why? Because when you dispute a BK directly, all they do is turn to one of the creditors whose tradeline shows "included in BK", verify the BK in his files and that's it.

    But if you dispute a BK when there are no items showing as "included in BK", they have no choice but to either physically visit the court or delete the item. They've many times preferred the latter.

  10. tmitchell

    tmitchell Well-Known Member

    Looks like TU did the same thing! I got a letter today, dated 6/28/01 that contained the student loan servicer contact info (I requested this when I disputed).

    Servicer says nobody contacted them in the month of June regarding my accounts!

    I know this has been said before but this is unbelievable!


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