Hi Tracy, Here is an intent to sue letter. Hope it helps ... WALLST xxxxxxxxx xxxxxxxxxx Equifax Office of Consumer Affairs ATTN: Mr. Maynard Bryant PO Box 105139 Atlanta, GA 30348 August 5, 2002 Dear Mr. Bryant. In November 2000 I disputed a collection item in my credit file from a company named (coll agengy name) in Dallas, Tx. On December 27, 2002 your company sent me a reply that you had researched the item and it had been deleted . This is per FCRA 611(5)(A) On 7/21/2002 my wife and I were applying for a mortgage and this item had reappeared on my credit report with a reported date of 6/2002. I was not sent the required 5 business day notice provided by the FCRA 611(5)(B)(ii). I called your 800 number on Friday August 2, 2002 to get his straightened out. I must say that your representatives and management were less than helpful. The first rep I talked to named Rhonda said she didn't know why I didn't get the notice and asked me if I wanted it reinvestigated. I told her no I wanted it deleted. Rhonda put me on hold and came back to tell me that the FCRA says the collection agency must give me the 5 day notice. I then asked to talk to someone else. This time I got someone named Ellen. This is what she told me "Unfortunately sir thats not the case, the company re-reported the information back to us and we don't have an obligation to notify you." I then read her the section of the FCRA that puts the burden of sending the letter on Equifax and all I got from her was a big annoying sigh. I then asked to be connected to the legal department and she told me they didn't have a phone number. I am persistant but professional and ask for a manager. This time I have Tricia. Trica offered to have me fax the deletion notice from 12/27/2002 but it would be a couple of days. I told her that I was supposed to be notified in 5 days and I wasn't and could she please expedite this for me. She asks " what 5 days?" I tell her I'm referring to the FCRA 611(5)(b)(ii) and I'll read it for her because the two previous reps didn't understand this(I read it yet again). She then tells me "But that section is referring to if we re-add it, we didn't re-add it" I interrupted her and tell her she is misinterpreting it and Tricia interrups me and tells me she is not mis interpreting it, and she is trying to explain it to me. She says "they're reported it back to us we didn't re-insert it, sometimes if we remove an item in error we can re-insert it and thats what it is referring to, if we reinsert something thats been removed...." Mr. Bryant you know that the information above presented by your employees and management is false and misleading. I called in good faith to get your company to follow the law. The last thing I want to be doing is spending time typing this on a Sunday afternoon. Equifax has violated my rights under the FCRA section 611(5)(B)(ii), 611(5)(B)(iii) and 611(5)(B)(i) as this information was not certified by Equifax as accurate. And you certainly did not take steps to prevent reappearance as required by 611(5)(C). This same noncompliance has occured with a tradeline on my wifes Equifax report as well with a XXXXXX tradeline. Please let me know if you need a seperate letter from her to address that matter. I am a professional just like yourself and when I called in I expected to be treated in a professional manner. I did not yell, scream, or verbally abuse your employees. I would not expect my employees to treat our customers that way. The level of knowledge of your employees came as a big surprise, maybe they don't realize that one inaccurate tradeline can be the difference between a good mortgage rate and a bad one. I will not tolerate this willful noncompliance and demand that you delete all the negatives off my Equifax report and keep them from reappearing, or the sum of $1,000 for each of the violations of the FCRA. I would like a response by Friday August 9, 2002 or I will follow through with suit in my local court. I'm sure you can understand my frustration. I may be reached during normal business hours at xxx-xxx-xxxx, this is my direct line at work. Sincerely, WALLST
