I want honest opinions because I am new at the letter writing process and scared to say the wrong thing and mess up. I went on line and found these laws and wondered if this is how they work. Can you mix FL state statues and United State Code. This OC is harrasing me at work and I have already disputed with the Bureaus and had luck only with Experian deleting it. December 10, 2003 Oakwood 7800 McCloud Rd. Greensboro, NC 27409-9634 Attn: Customer Service Dept. Re: Acct. # Dear Sir/Madam: Your company is currently reporting a negative listing to Trans Union and Equifax regarding the above referenced account. Based on my recollection and records, I can find no reason why you would be reporting such information. If you review your records I think youâ??ll find that your reported notations are inaccurate. These entries are very troublesome to me because of the great care I take in protecting my credit. I have always been prompt in paying all of my debts and I would never become past due, especially for such a small amount. I do not find acceptable this erroneous reporting and it is currently preventing me from obtaining necessary financing. Pursuant to Title 15, Section 1666 of the United States Code, I formally request the following documentary evidence pertaining to this account: â?¢ A copy of the original credit application showing the terms of the agreement. â?¢ A summary of all account activities, including payments, the date received late charges, interest, charges made and the date charges posted. â?¢ Copies of all invoices and all other documents proving indebtedness. â?¢ Copies of all documents sent to me regarding my account. This information and documentation is critical and time is of the essence. Within less than thirty (30) days, I will be damaged partially because of the discrepancy with your reported records. The above noted code requires your response within thirty (30) days. I greatly appreciate your prompt attention. I hereby request that your response be mailed to the address listed below. This will serve as your legal notice under federal law, "The Fair Debt Collection Practices Act," to cease all communication with me in reference to the above account. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission responsible for enforcement and the state Attorney Generalâ??s Office. Pursuant to Title XXXIII, Chapter 559.55 of the Florida Statues: 559.55 Definitions.--The following terms shall, unless the context otherwise indicates, have the following meanings for the purpose of this part: (6) "Debt collector" means any person who uses any instrumentality of commerce within this state, whether initiated from within or outside this state, in any business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. The term "debt collector" includes any creditor who, in the process of collecting her or his own debts, uses any name other than her or his own which would indicate that a third person is collecting or attempting to collect such debts. Pursuant to Title 15, Section 1592c of the United States Code: (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 - (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. If you find that your information and/or documentation does not support the negative information being reported to Trans Union and Equifax, I invite you to submit a completed Universal Data Form to them in order to remove this negative notation. Upon removal of this negative notation, I agree to hold your company harmless from any and all inconvenience and/or damage related thereto. Thank you very much for your time and cooperation. Sincerely,
you want to be careful about doing a *TOTAL* C&D, if you totally C&D, the only way they have to contact you is serving you with a law-suit, and that includes to provide you with the validation. you want to only C&D PHONE CALLS (at least at first) also, you want to check whether or not the florida classification of an OC to a DC is applicable to the FDCPA's definition of the DC, and not just to florida's statute.
I would leave out the legal quote. It adds nothing at this point. I also agree that you should ask to be contacted only in writing, not by telephone.
