I need help and appreciate all input, b/f ya'll tell me to use search though, please keep in mind mine does not work. here is the scenario: hubby recieved letter: 07/31/02 from Mitcell N. Kay offering settlement on a FCNB account, settlement was for 50%, I sent validation letter on 8/19, 8/29 recieved letter back fm Mitchell that oc closed their files, please contact oc for future reference, 8/30 recieved mini-miranda fm Midland Credit Management, 9/6 sent validation, recieved green card back 9/17. 9/27 no show on credit reports, 9/28 all 3 credit reports show collections from Midland. I am assuming my next step is 'you have violated, pay up or I will sue'? I need a format of that. Do I send intent to sue now? Or make them aware that they have violated first? (which was done in validation) Hubby took a 40 pt drop on creditwatch. I appreciate all of your insight and would love to sue, but do not have a clue what to do
thanks, I found something I think I can work with, but do I just threaten to sue or ask for $ too, for the violations?
in your threat to sue you ask for money... that makes the letter your demand letter (some states require a 30 day demand) allowing the violator the ability to pay up instead of getting sued. you're better off (much) if you apply for a very strict bank line of credit (local) and get denied with these issues on your reports. You need someone else to see the trade lines and you need actual damages. So.. if you apply for a 1k personal loan and get denied 1k fdcpa violations 1k fcra violations... depends on your courts limits.. you can try for 1k per violation per report... or 1k per total violation per issue (3k total for example)... but in your letter .. outline it and ask for a check for x amount plus full deletions. I think if you search here you'll find some pretty good examples. if you want to "play it safe" you can send the demand for just the violations (and not actual damages) but if you sue.. .have actual damages (this is nonnegotiable)...
Marie!!!! Thanks but remember, I cannot search, always get 'website not responding' I thought about the actual damages thing but his credit is awful anyways, so I would think that any court would look at his credit report and say 'yea right, I doubt this one account kept hom from getting credit'
Lizard, the only thing is, M.N.Kay told me to contact oc b/c his files were closed, then oc turned it over to Midland. Requested validation w/Midland, no response thus far but they reported to bureaus 2 weeks after recieving validation request.
Can I hold the oc responsible as well since the first ca did not validate and then they 'sold' the debt to someone else?
Someone surely can help me with this, 2 days only 2 responses. I would be in debted to anyone that would like to offer any input, I had a letter ready to send today but do not want to jump the gun w/o ya'll's input
i hope this helps. it is a search for "intent to sue" for the past year. http://consumers.creditnet.com/stra...by=lastpost&sortorder=ascending&pagenumber=18 humblemarc
o.k. I read a few of the threads, even though Midland has already violated do I still wait the 30 days then send the Estoppel or do I go ahead and send the intent
Personally, i would send Estoppel, intent to sue, and a copy of your unfiled lawsuit, all in one big package. Of course, i would ask for damages and full deletion in the settlement letter. And negotiate down from there. humblemarc
