Jlynn or any Foleys users???

Letter Number 1:

January 2, 2002


Foleys
P. O. Box 1971
Houston, TX 77251

Re: Account No.xxxxx Revolving
Account No.xxxx Installment

To Whom It May Concern:

In a recent review of my husbandâ??s credit reports, and mine, it came to our attention that Foleys was reporting inaccurate information. Upon disputing this information with the CRAâ??s, I was livid to discover that Foleys verified â??the accuracyâ? of the information they furnished.

1.My report is alleging I was 90+ days late 24 times on one report, and 23 times on another. This same account is reported as 90+ days late 5 times on my husbandâ??s report. Please explain how Foleys verified all this differing information was accurate on each of these reports.

2.Foleys claims that the revolving account was opened in 10/92. This was the one piece of information that was consistent on all reports. However, neither my husband nor I were living in or visiting the United States in October of 1992. The actual country we were living in did not have a Foleys. Please explain how this information was verified.


3.Foleys claims that the Date of Last Activity (DOLA) on the revolving account on my reports was 8/99, yet on my husbandâ??s report the DOLA is shown as 4/99. Please explain how Foleys verified two different dates, yet there can only be one unique DOLA.

4.The DOLA for the installment account is also showing as 4/99 on one of my reports, and 8/99 on another. Again, how did Foleys verify the accuracy of two different dates, when only one date is possible?

5.On one report, the installment account is being reported as an â??Openâ? status. Please explain how an installment loan, which, by definition, is a close-end loan in which there is a definite ending date, can remain open with a â??0- balance. Again, how did Foleyâ??s even verify this?


6.Foleys is reporting that the revolving account is â??Openâ?. This account has had no activity in over three years, yet remains open? If this account is indeed my account, you are placing me in great jeopardy of additional billing errors on behalf of Foleys that I would know nothing about!

Due to the numerous inconsistencies and inaccuracies, I demand that Foleys send me certified, true and correct copies of my original application for both the revolving and installment account, showing the date these accounts were opened, as well as true and correct copies of each and every one of the monthly statements generated from the date of the first alleged delinquency, through to, and including the month of the last activity of each of these accounts.

Please know that you have 30 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from the CRA reports. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

Your timely attention to this matter is appreciated.

Best Regards,
jlynn
CERTIFIED MAIL 7002 0860 0003 xxxxx

 

Letter No. 2:



February 28, 2003


Foleys
P. O. Box 1971
Houston, TX 77251

Re: Account No.xxxx Revolving

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 January 6, 2003, you received a letter outlining numerous reporting errors on my credit reports with the three Consumer Reporting Agencies. This was sent certified mail (7002086000039261xxxx). As of today you have failed to correct the errors on my report in regards to the above referenced account with Experian. In fact, despite correcting the errors on both my husbandâ??s and my reports with the other agencies, you verified the information on the above referenced account was correct on my report only. I have enclosed a copy of the original dispute letter, as well as the applicable page from my Experian report.

You have violated multiple areas of Section 623(a) of the Fair Credit Reporting Act. If Foleys continues to violate this act I will file complaints with any and all federal and/or state agencies charged with administering this act under Section 621.

Further, you have violated Section 623(b) of the Fair Credit Reporting Act, which allows for a cause of action by an individual. I am sure you are aware of the penalties for violating the FCRA, but if not I will remind you:

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

Please be aware if these accounts are not corrected within 10 days of the tracked and confirmed delivery of this letter, I will be filing a lawsuit for violations of the Fair Credit Reporting Act. I will be seeking civil liability in the amount of $1000 per violation.

Thank you and I look forward to resolving this most expeditiously.



jlynn
CERTIFIED MAIL 7002 0860 0003 xxxxx

This one finished it off, everything is reporting paid as agreed, never late.

 

I never tried PFB, nor did I look for a higher up. I left their address on here, so you can compare if that is the one you are sending too. Good luck and hang tough!

Also, I used the validation technique - as soon as Foleys received the green cards, I redisputed with the CRAs.

 

Hey Jodi,

Did they pull a CR after you sent those letters?

 

OMG, I just now realized when I copied and pasted the penalties, I included the PP part. Too funny!!!!

No, they didn't pull a report, but the revolving is still open, and they didn't mark it closed after this dispute. I called their automated number - its open with a -0- CL. LOL!

Anyway, I didn't push that issue because the account is very OLD, so it looks good.

 

Ginger,

I never heard from them via letter or phone call. Thats why I recommended backing up yourself by putting it into dispute again at the same time. Hit em from both sides. And none of that "wrong address" BS.