I posted on here what I think is violations on my credit report from an OC, a medical bill,allthough I am not sure what all is wrong with it I am sending this letter. Can someone please tell me if this is an OK letter? Thanks in advance! August,4,2008 OC MEDICAL ****** ****** ********** Re: Errors in the credit report of , SS#***-***-****, Account #******* To Whom It May Concern: Please consider this letter a formal complaint regarding select information contained in my credit report. I am advising you that the information you are reporting is inaccurate, incomplete, and totally without merit. Please provide the following documentation to me at the address listed below 1. A copy of any legal instrument, bearing my signature, which supports your basis for the continued reporting of this alleged debt. 2. An itemized accounting of all debits and credits on the alleged account for the entire history of the account. 3. The assignment or purchase agreement for the alleged debt between your company and any other entity. 4. An itemized accounting of the alleged debt after it was supposedly written off including all debits and credits. 5. Complete documentation of the amount that was written off for federal tax purposes. Just to restate my request in more general terms: I am not requesting a "verification" of my mailing address. . I am requesting a "verification" of this alleged debt; that is, competent legal evidentiary matter that I have some contractual obligation to pay you the reported amount. Under federal law, and as enforced by the Federal Trade Commission, you have 30 days to complete your investigation and supply the documentation as requested. Failure to do so will constitute an unfair or deceptive act or practice in commerce in violation of section 5(a) of the Federal Trade Commission Act 15 U.S.C. 45(a). Under my rights of the FACTA,15 USC 1601 Title III- sec 312. "In accordance with my Federal civil rights as stipulated by the Fair Credit Billing Act, you are obligated to comply with this lawful request for elaborated documentation for billing, including charges and interest, as well as a full accounting of where each bill was mailed, for the life of the account, or rescind these reports from every consumer reporting agency to which you have reported same. Your expeditious handling of this matter is expected." Thank you in advance for your attention to this matter. I look forward to hearing from you. Sincerely, Name ADD City St zip
Items 3 and 5 they are not required to provide--and they probably won't. If this ever goes to suit and that information is important, it would be requested in discovery.
Also, I wouldn't go citing laws at this point. You are supposed to be the least sophisticated consumer--not a law student. Ask them to prove that the debt is yours and how they arrived at the balance. That is it--and that's pretty much all they have to provide.
Personally I think that consumers SHOULD point out the laws, just to prove that they're not uneducated yahoos and that they know rheir rights. Too many creditors and their collection goons figure that they can BS people into paying. There have been many stories about physing emails where uneducated or older folks click on the links provided by the senders and provide all the information that the senders wanted, and having their identity stolen.
Not the same thing. When the CA sees a letter full of mumbo-jumbo, they are likely to ignore much of what is there. An effective letter is short and to the point. Save the legalese for when you need it. The exception is for those in Texas, whom I believe must mention the TX code to preserve their rights under those laws.
