RMA Intent to Sue-Please Read

Discussion in 'Credit Talk' started by sirrowan, Aug 16, 2002.

  1. sirrowan

    sirrowan Well-Known Member

    Here's a letter that I would like to fax to RMA.
    Could y'all give me some feedback?

    Thanks,
    Sirrowan
    ---------------------------------

    Mr. Robert Crowe Manager, Consumer Assistance
    Risk Management Alternatives
    4450 River Green Parkway Suite 200
    Duluith, GA 30096

    Re: Account#
    Client Number:

    Dear Mr. Crowe,

    I am deeply concerned with the practices that your company has taken to violate my rights, causing me monetary damages, damages to my credit file, as well as invation of my privacy.

    I had an account listed with your company via Sears. On September 24, 2001 I agreed to make a settlement offer initiated by your company. The settlement offer was to make two payments on 09/28/01 and 10/28/01 and this account would be closed. I followed the settlement to the letter. However, your company has failed to do so. First of all, I took in good faith that after paying your company, you would do the proper thing and remove your damaging information from my credit file. You have failed to do so. Secondly, you have made two inquiries 12/18/01 and 01/14/02, without permissable purpose which is a violation of the Fair Credit Reporting Act (FCRA), Section 604-No Permissable Purpose. I have not applied for credit with your company. You are a collection agency!

    I would now like to make my intentions clear. I would like to settle this situation outside of the court system. However, if pushed, I will exercise my rights to the fullest extent of the law, including compensatory as well as statutory damages.

    I will not file suit against Risk Management Alternatives (RMA) if you perform the following steps:

    1)Immediately remove both inquiries dated 12/18/01 and 01/14/02.
    2)Immediately remove all derogatory/negative references on all credit reports that you have reported this information to in respect with all credit reporting agencies.
    3)Immediately issue a certified cashier's check made payable to Sirrowan in the amount of $2,750.00.

    I will give you 24 hours upon receipt of this letter to make your decision as to whether you would like to resolve this matter expeditiously. You may reach me via email at sirrowan@earthlink.net

    Sincerely,



    Sirrowan

    cc: David Szwak, Esq.
    cc: Ohio Attorney General's Office
    cc: Better Business Bureau of Metropolitan Atlanta
    cc: Georgia Attorney General's Office
    cc: Federal Trade Commission
     
  2. SCMomof5

    SCMomof5 Well-Known Member

    I think that the letter is succinct and to the point. I would send it, but unless I was already working with David Swazk, I wouldn't send it to him.

    You asked for a check for $2750, but failed to be clear on why they should send you a check. (like: in lieu of a judgment for $5000, I am willing to settle this matter now for the sum of $2750...")


    Aside from that - pretty good. Let us know what happens!
     

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