New Letter for Rewiew and Comments

Discussion in 'Credit Talk' started by TallSmith, Sep 25, 2003.

  1. TallSmith

    TallSmith Well-Known Member

    I have composed a letter I would like to send to an OC as they are leaving messages on my home recorder indicating they will be calling my neighbors and letting them know about an account overdue unless I return their calls. Additionally, this particular creditor has called my family members and given out info such as my SS# and address, phone, etc.. and told them I am delinquint.
    My goal WAS to negotiate a settlement and then work on the CRA as my credit is pretty good in general but I am definitely in some hard times for the next few months or maybe a year or so.
    I know this is rather long, but please CN VETS help me out! Thanks in advance!
    Let me know what you think about this letter:

    September 25,2003

    BAD Bank
    P.O. Box

    ***CMRRR# 700000000000000000**

    Re: Account Number: XXXXXXXXXX

    Dear BAD BANK:

    This letter is an offer to settle the above account. It is not to be construed as an acknowledgment of my liability for this debt in any form. You may not contact me by phone at work as I am not able to receive personal calls. Please communicate with me in writing at my address of record as I prefer to conduct business matters in writing.

    Additionally, I request that you refrain from contacting me by phone at home or contacting my neighbors, friends and especially my relatives,which I am sure you are aware, are serious violations of state and federal laws, specifically FDCPA, FCRA & FCBA. I am aware of and have secured affidavits from several persons that indicate they have not only been contacted, but my personal information was released to them, as well as the status of my account by representatives of BAD BANK. I am certain you are aware that these are violations of the aforementioned laws, but in the event you are unfamiliar with the FDCPA:

    § 805. Communication in connection with debt collection [15 USC 1692c]
    (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
    (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;
    (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
    (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
    (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
    (1) to advise the consumer that the debt collector's further efforts are being terminated;
    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
    If such notice from the consumer is made by mail, notification shall be complete upon receipt
    As you are aware there are penalties for willful noncompliance which, BAD BANK representatives have clearly demonstrated. The penalties are as follows:

    § 813. Civil liability
    (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
    (1) any actual damage sustained by such person as a result of such failure;
    (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000;

    Please realize that these penalties are per violation. Thus far, BAD BANK has amassed seven blatant violations that are documented and can be proven either by affidavit or other evidentiary means. Additionally, there are approximately six other violations which are not admissible in court but could be proven to the FTC and the Office of Consumer Credit Commissioner of Texas in the event a complaint were filed by me against BAD BANK. This amounts to $13,000 in federal fines total. Additionally, the defamation your company has caused in my rural community could be as little as zero or as high as a judge or jury decides.

    Additionally, the State of Texas prohibits this type of abusive and negligent conduct. I refer you to Texas Finance Code Title 5
    §392.301. THREATS OR COERCION. (a) In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices:
    (3) representing or threatening to represent to any person other than the consumer that a consumer is wilfully refusing to pay a nondisputed consumer debt when the debt is in dispute and the consumer has notified in writing the debt collector of the dispute;
    (8) threatening to take an action prohibited by law.
    Companies engaging in this type of action are subject to the following as well:
    §392.403. CIVIL REMEDIES.
    (a) A person may sue for:
    (e) A person who successfully maintains an action under this section for violation of Section 392.101, 392.202, or 392.301(a)(3) is entitled to not less than $100 for each violation of this chapter.
    As you can see, Texas law provides for an additional recovery no less than $1300, which makes your minimum penalties in excess of $14000. I will settle this matter with your company in the amount of $1000 as full settlement of this account in order to avoid mutually undesireable further expenses. If you accept this agreement, you will send any necessary releases for my review and approval prior to conclusion of this matter. This agreement is binding and will be void should you not hold up to your end of the agreement. Furthermore the debt will be deleted from my credit profile at all three credit bureaus or the bureaus your company regularly reports to in the course of doing business.

    If you agree to the above, please acknowledge with your signature and return a copy to me along with your release for my inspection by no later than October 28, 2003. Furthermore it is expressly agreed that once I return the properly executed release, a check in the amount of $1000 will be forwarded to me within 5 business days. Upon receipt of this signed acknowledgment, I will promptly review any necessary releases you may require to conclude this matter.

    Notice: This agreement is restricted. This is not a renewed promise to pay but rather a restricted settlement offer only. By not signing below, you agree that the debt has not been renewed nor has any concrete written agreements been exchanged.

    Creditorâ??s Authorized Signature: _____________________________ Date:____________
    Name Title :


    Bad A** Kicking Yours
  2. jlynn

    jlynn Well-Known Member

    Bad News is BAD BANK is an OC and is not usually governed by the FDCPA.

    Good News is - Texas recognizes debt collectors (OC's) and 3rd party debt collectors. You will need to work the TX statutes here.

    One question...why are you offering a settlement vs. an ITS? This is an interesting approach.
  3. TallSmith

    TallSmith Well-Known Member

    jlynn, thanks for the response. notice that the settlement is for them to pay me $1k and I will release them. In all I have 1 CA and 2 OC's I am delaing with on late pays. I was not prepared to deal the CA with until after I finished off BAD BANK, so maybe I should try both at the same time and leave out the FDCPA/FCRA on the OC letter?
    How does the letter sound? I tried to change a few things from the boiler plate letter but hopefully it's not too much. The CA works for Providian.......need I say more?
  4. TallSmith

    TallSmith Well-Known Member

    Also, I thought I might try and get them to at least "settle" the debt instead of making them mad with and ITS since I am still very much in the SOL for all 3.(like by 2 years)

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