Opinions on my ITS letter plz

Discussion in 'Credit Talk' started by holis, Sep 30, 2003.

  1. holis

    holis Well-Known Member

    Stupid CA
    123 your street
    anytown USA 12345

    RE: Account # XXXX, XXXX, XXXX, XXXX


    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 x-x-03, You received a demand for validation and cease communication letter from me. This was sent certified mail (123456789123456) that was signed by SillyHo.. As of today you have failed to provide me with the proof I have lawfully requested.

    I sent a 2nd letter, via certified mail (9876432514) signed by OthaHo on x-2x-03.

    A third letter of estoppel was sent via certified mail (456321964231647) also signed by Otha Ho on x-x-03. All of these you have chosen to ignore.

    The FDCPA states you must cease collection activity until you have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which you obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or you would have provided it in the previous 3
    months since it was requested. Also, when an alleged debt is disputed, a notation must be entered on the debtors credit report showing the item as in dispute. Again, this was not done.

    Iâ??m sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for. If not, let me point them out for you.

    1. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) â?? Duty to provide notice of dispute.
    2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information.

    1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication
    2. § 809. Validation of debts [15 USC 1692g]

    As per the FDCPA:

    § 813. Civil liability [15 USC 1692k]
    (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

    During this time your company also sent me 7 demands for payment of the alleged debts. Also calls from Dummy Dude on x-1x-03 at 11:05pm in regards to acct xxxx; Dummy Chic on x-1x-03 at 4:26 pm regarding acct xxxx, and Real Dummy at 8:47am on x-x-03.

    If you wish to resolve this matter, this will be your last opportunity to do so. The following items must be deleted from my credit files with the four major credit reporting bureaus (Equifax, Experian, Trans Union and Innovis) within 72 hours or by October 5, 2002 and you forward a letter to me via mail stateing that they will be removed and will not reappear on my credit reports by yours or any other collection agency.

    Please be aware if these accounts are not deleted by October 5, 2002, I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Illinois State Attorney General, The Texas State Attorney General and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously

  2. connorw

    connorw Well-Known Member

    I'd take out the specific mentions of their violations. I'd just let them know that they have "several", no sense in tipping them off if you do end up having to sue. Or just list the ones that you have PHYSICAL proof of, and say something like "and the other violations I have not mentioned." If all you're looking for is to get the derog deleted, go ahead an list a few to let them know it would cheaper to delete than to allow you to proceed with legal action

    I'd also give them "Xd days from receipt of this letter" instead of October 5th or 72 hrs.

    FWIW, the only time I'd list their violations, and then I wouldn't list them all, was if I was sending a "pay up or I sue" letter. In that case, I'd do something like "along with the damages of $xxxx.xx your illegal reporting to the Credit Reporting Bureaus caused me in Y, the emotional stress and trauma this caused me and defamation I will also be seeking maximum damages under FDCPA and FCRA based upon your many wilful violations, some of which follow:"

    I'd also have my attorney send it. Because at that point I would mean it and would sue them.
  3. holis

    holis Well-Known Member


    Any other comments ? Butch, etc ?!

    I need to send this out soon!

    Thanks as always!
  4. holis

    holis Well-Known Member

    Last bump before i send it.


    Thanks !!!
  5. lbrown59

    lbrown59 Well-Known Member

    No here is another one.

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