John doe 123 coral way bldg x Coral Springs, Fl xxxxx Ice.Com 63 Flushing Ave bldg 292 Suite 320 Brooklyn Navy Yard Brooklyn, NY 11205 03/30/04 Re: Account ICE0305xxxxxxxxxx NOTICE OF INTENT TO FILE LAWSUIT IN 72 HOURS 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 March 22, 2004 Your company received a demand for validation and cease communication letter from me by fax [copy enclosed] with confirmation. On March 23, 2004 Mr. Ezzie Schaff called my employment four (4) times, and my house two (2) times harassing my 7 year old son, after I have requested in writing that all future communications must be done in writing and sent to my home address. On the same day I called Ice.com and spoke to a supervisor named Pardo Vincelli. After I explained the scenario, Mr. Pardo Vincelli, advised me to fax him the letter again [copy enclosed] with confirmation. On March 24, 2004 Mr. Ezzie Schaff called my employment again and harassing the receptionist. On March 25, 2004 Mr. Ezzie Schaff called 3 times asked to speak to my manager or HR, and faxed 2 letters to my employment demanding monies [copies enclosed]. On March 26, 2004 Mr. Ezzie Schaff called my employment three (3) times. On March 29, 2004 Mr. Ezzie Schaff called my employment two (2) times and faxed three (3) letters demanding monies [copies enclosed]. On March 30, 2004 Mr. Ezzie Schaff called again and left a message on my managerâ??s voice mail demanding monies and faxed six (6) letters demanding monies [copies enclosed]. It is quite evident that your company has violated the law many times Iâ??m sure you are aware of the consequences in violating 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. FDCPA 1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication 2. § 806. Harassment or abuse [15 USC 1692d] 3.§ 807. False or misleading representations [15 USC 1692e] 4. § 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 If you wish to resolve this matter, please contact me immediately by phone or mail within 72 hours of this receipt. Please be aware, should your company fail to contact me after signing the CRRR. by xx xx 2004, I will be filing a lawsuit for multiple violations of The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. [signature] cc: My attorney, esq Federal Trade Commission Texas Attorney General Illinois Attorney General
"NOTICE OF INTENT TO FILE LAWSUIT IN 72 HOURS" -Are you going to file in 72 hours ? To Whom It May Concern: "On March 22, 2004 Your company received a demand for validation and cease communication letter from me by fax [copy enclosed] with confirmation" -Was this "fax" sent within 30 days of the initial contact BY the collection company? (and I am not sure a fax qualifies...seems it should though) "On March 23, 2004 Mr. Ezzie Schaff called my employment four (4) times, and my house two (2) times harassing my 7 year old son, after I have requested in writing that all future communications must be done in writing and sent to my home address." -Because the "cease communication" right is NOT selective, if you sent a letter saying "Dont contact me, except in these circumstances.." You have essentually allowed communication. I would agree that I consumer has a right to request certain "communication" methods, but there isnt really a remedy if the collection agency doesnt abide. FDCPA 805 (c) http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805 "On March 26, 2004 Mr. Ezzie Schaff called my employment three (3) times. On March 29, 2004 Mr. Ezzie Schaff called my employment two (2) times and faxed three (3) letters demanding monies [copies enclosed]." -Did you ever notify the collection agency NOT TO CONTACT you at work? "On March 30, 2004 Mr. Ezzie Schaff called again and left a message on my managerâ??s voice mail demanding monies and faxed six (6) letters demanding monies [copies enclosed]." -Did you save these messages? -6 faxes in a day does seem a little exessive
Re: Re: please critique ITS letter YES i am... yes, in fact it was the nex day of non stop calling. yes I did, I asked him to only contact via us mail and i provide them with my home address... yes all messages are saved... in fact my manager is willing to pull the phone record for evidence
Re: Re: please critique ITS letter only comment I would add is why send this letter? Send them a summons and complaint instead. MUCH more effective in light of the fact you HAD ASKED THEM NOT TO CALL YOU AT WORK (I would venture to use the words SLAM DUNK )
Re: Re: please critique ITS letter IMHO - I would go easier on the header line threatening to sue. After all, every letter like this is eventually used if this goes any further, plus I think their is a more profound way of putting it. Instead of locating it at the beginning, how about mentioning towards the end that you hope to resolve this without litigation, but that if they persist, you will seek statutory damages as provided under federal law (the damages to which your letter presently refers) ... and more importantly (here is where my suggestion comes in) ... compensatory/consequential damages in relation to your state's general laws as it relates to their tort, plus attorney's fees and costs. In short, you would make it very clear in the letter that they are liable for statutory damages, then add indications they may be liable for civil actions, then without saying it, you want to the end to enforce you demand summarizing with the alternative, which is far worse for them. Also, it's just my opinion, but I've always felt that coming off too threatening can cause a person to lose credibility. While this gets around that, it also makes it clear that they should take the deal now, before it becomes exponentially more difficult to get out from under. Finally, keep in mind that I am not an attorney and I am not providing legal advice - just my opinion as it relates to writing styles based on letters I've written. ;-). Good luck with this!
Re: Re: please critique ITS letter this is been an ongoing issue, he called and talk to my manager about my personel biz / my manager has asked him if this have anything to do with SDI which is the company I worked for.... he said NO, so my manager said well you need to stop calling/faxing as you prohibiting the biz to function with all your faxes and calls....."please contact the debtor at her home".... he said he won't stop calling/faxing until he gets pay........ NY state law and FL state law, they are bounded by the FCDPA law.... he must be think we're stupid... I will file lawsuit on Thursday based on the state law for harassment and all other violations........... somehow this guys think the FCDPA is only for CA, I guess he forget about the state law ... huh...
Re: Re: please critique ITS letter -I didnt realize it was the original creditor, but good job on the state law route. -Let us know how it goes, and good luck!
