Mann-Bracken, LLC 229 Peachtree St., N. E. Atlanta, Georgia 30303-1601 VIA CMRRR# Re: Alleged Account Dear Sirs: This letter is your formal notice that I am disputing this account that you claim I owe and that you have threatened me with arbitration and/or judgement proceedings. This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all telephone communication with me in regard to the alleged debt referenced above. Further, neither you or the original creditor has provided me with a copy of the original signed agreement allegedly made with Bank. At this time I once again ask for this information to be furnished along with a copy of any terms and conditions of the agreement including but not limited to the threatened arbitration clause as well as a full accounting of all charges made against this account and payments therein. I have already been in contact with the original creditor to resolve this matter directly, as circumstances warrant. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association. Also, I have researched your company and note that it is licensed in Georgia and not Texas as required by the OCC here in Texas. You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Cordially, Tall Smith
Here goes! Redone: I invoke my right to a full validation concerning the aforementioned debt. Two lovely options here. Option 1, sound stupid, and tempt them into a corner for a violation by saying "Yeah, uh, don't contact me, EXCEPT by postal mail", which really gets them into a conundrum b/c they AREN'T supposed to contact you AT ALL via ANYTHING while validation is ongoing. Option two really lays out the fact that you're tracking them like an inbound soviet ICBM via Greenland NORAD wide-scan rader. Essentially, you mention casually that you already 'have proof' they've attempted to contact you during validation about the debt, which is a big no-no. This leads them down the road of saying "Oh boy, this guys got us by the N.S., and we're going to be in trouble". Option 1 Redone: You are to immediately cease all further collections activity regarding this debt save normal postal methods. Option 2 Redone: Be advised that numerous contacts have occured where you have attempted to collect on this debt while I have been under the protection of the validation period : I will continue to accrue these violations and will pursue aggressive litigation to collect on those statutory awards. Your choice. Redone: As you continue to iterate statutory violations of the FCRA and FDCPA, I will continue to record these violations for the purposes of litigation -- which is my next step should you fail to respond appropriately. Leave out. Giving them too much information. Redone: Should you continue to be ignorant and dismissive of my requests, I would imagine a court would certainly find you negligent on multiple counts of failing to perform your responsibilities as a furnisher of data. The court would also find your collections efforts in a state for which you are not licensed -- interesting. Too much info! Let them hang themselves! Add: As a final courtesy, I will extend your opportunity to respond for another 15 days from the time of your receipt of this communication. Failing a response, expect your registered agent to be served a formal complaint. Sorry. I just got done typing 17 letters and I'm still sweaty from the overzealousness I sometimes get into. They're just suggestions - please accept this as helpful criticism if you want to really strike a chord of fear into these numbskulls. All in all - it has a very pre-litigation-sounding tone to it ... and well, from what I gather of your situation, if this fails -- that's where you're headed anyhow. Good luck! Nex
Here goes! Redone: I invoke my right to a full validation concerning the aforementioned debt. Two lovely options here. Option 1, sound stupid, and tempt them into a corner for a violation by saying "Yeah, uh, don't contact me, EXCEPT by postal mail", which really gets them into a conundrum b/c they AREN'T supposed to contact you AT ALL via ANYTHING while validation is ongoing. Option two really lays out the fact that you're tracking them like an inbound soviet ICBM via Greenland NORAD wide-scan rader. Essentially, you mention casually that you already 'have proof' they've attempted to contact you during validation about the debt, which is a big no-no. This leads them down the road of saying "Oh boy, this guys got us by the N.S., and we're going to be in trouble". Option 1 Redone: You are to immediately cease all further collections activity regarding this debt save normal postal methods. Option 2 Redone: Be advised that numerous contacts have occured where you have attempted to collect on this debt while I have been under the protection of the validation period : I will continue to accrue these violations and will pursue aggressive litigation to collect on those statutory awards. Your choice. Redone: As you continue to iterate statutory violations of the FCRA and FDCPA, I will continue to record these violations for the purposes of litigation -- which is my next step should you fail to respond appropriately. Leave out. Giving them too much information. Redone: Should you continue to be ignorant and dismissive of my requests, I would imagine a court would certainly find you negligent on multiple counts of failing to perform your responsibilities as a furnisher of data. The court would also find your collections efforts in a state for which you are not licensed -- interesting. Too much info! Let them hang themselves! Add: As a final courtesy, I will extend your opportunity to respond for another 15 days from the time of your receipt of this communication. Failing a response, expect your registered agent to be served a formal complaint. Sorry. I just got done typing 17 letters and I'm still sweaty from the overzealousness I sometimes get into. They're just suggestions - please accept this as helpful criticism if you want to really strike a chord of fear into these numbskulls. All in all - it has a very pre-litigation-sounding tone to it ... and well, from what I gather of your situation, if this fails -- that's where you're headed anyhow. Good luck! Nex
