My demand letter....lol

Discussion in 'Credit Talk' started by KHM, Jan 12, 2002.

  1. KHM

    KHM Well-Known Member

    Thank you Breeze, I did the search like you said and it came up with 900 LESS than when I was searching..lol. BUT all the posts said "write a demand letter" or "send your demand letter" etc. So I went ahead and wrote my own, dont laugh!!

    Can you tell me if this it what it should look like?:

    Collectech Systems
    PO BOX 4157
    Woodland Hills CA 91365

    January 12,2002

    RE: Dispute Letter of 12/12/2001 Last Letter Before Lawsuit is filed

    Dear Sir/Madame:

    On 12/12/2001 I mailed to your company, Certified Return Receipt, a request for validation of this alleged debt. An employee with your company signed for this letter on 12/18/2001. In the time between then and 1/10/2002, I did not receive anything from your company validating this debt. However, on 1/11/2002 I received another collection notice from your company. In the letter it states â?? WE ARE OBLIGATED TO MAKE OUR BEST EFFORTS TO COLLECT THIS ACCOUNT, TO THE EXTENT PERMITTED BY THE FEDERAL FAIR DEBT COLLECTION PRACTICE ACT OF 1978 (PUBLIC LAW 95-109).

    Are you aware that by attempting to collect on this alleged debt before validating this debt (per my request) is a severe violation of the FDCPA? Are you aware that the FDCPA has been amended since 1978? Under § 809. Validation of debts [15 USC 1692g] AIII of the FDCPA I exercised my right to request validation from you, within 30 days of receiving my first written notification from you. However, you failed to abide by the FDCPA, which you state you are obligated to do in recent communication with me, through the US Mail. Under § 809. Validation of debts [15 USC 1692g] B you are required to cease all collection activity until I receive either a copy of a judgment or any verification of the debt, which I was not provided.

    Therefore, to avoid, what could be a lengthy lawsuit, for violating the FDCPA, I demand the following be done within 30 days.
    1. Remove any negative remarks on my credit reports including but not limited to Experian, Equifax,
    and Trans Union, providing me this confirmation in writing, signed by an authorized employee, on company letterhead.
    2. Nullify this alleged debt as well as any future collection attempts from ANYONE, whether it be Collectech or Sprint PCS or whomever. Provide this information in writing, signed by an authorized employee, on company letterhead.
    3. A settlement in the amount of $3000.

    If all three of the above are not satisfied within the 30 days, I will immediately begin my lawsuit for FDCPA violations, defamation of character and enablement of identity fraud.
    May I remind you that if this is not settled within 30 days of receipt of this notice, under § 813. Civil liability [15 USC 1692k] I am allowed to sue for $1000 per violation as well as punitive damages.
    I thank you for your immediate attention to this matter and look forward to settling this in a fast and amicable manner.

    KHM
     
  2. Marie

    Marie Well-Known Member

    good letter.

    under Re: put in big letters

    NOTICE OF DEMAND

    Make sure the idiots realize it's a demand notice
     
  3. Pat

    Pat Well-Known Member

    You should make this:

    1. Remove any negative remarks on my credit reports including but not limited to Experian, Equifax, Trans Union, and Innovis, providing me this confirmation in writing, signed by an authorized employee, on company letterhead.
     
  4. breeze

    breeze Well-Known Member

    Very good. However, I agree that you should name Innovis along with the other three.

    Sorry about the search stuff, LOL. But now at least you know how it works.
     
  5. Pat

    Pat Well-Known Member

    KHM,

    Did you send this? Any results from it??
     
  6. milkmom

    milkmom Well-Known Member

    That is very good letter. Please keep us updated with your results.
     
  7. PsychDoc

    PsychDoc Well-Known Member

    I love this letter, KHM! This one gets saved to the "credit tips" folder on the hard drive. :)

    Doc
     
  8. Pat

    Pat Well-Known Member

    Doc,
    I just read your post over at yahoo with the link to this post. I had forgotten about it. It's amazing, once a post hits the 3rd page, it's gone... poof :)
     
  9. PsychDoc

    PsychDoc Well-Known Member

    Pat, it's amazing over there, lol.

    Doc
     

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