Background: Sherman bought a Direct Merchants Bank account of mine that had been included in a chapter 7 in 7/98. I disputed with Experian in Feb 03 and it was verified and remained. It was reported as opened 9/02, reported since and last reported 12/02, $3744, $0 balance, included in bk 7/98 (why they would insert a TL 4 years after they say it was included in the bk is beyond me). So, effectively, the re-aged the account. I was told they realized it was a mistake when I called them directly and have a fax from them stating "based on our review, no collection efforts will be made on the account, any collection referral to Alegis Group will be closed, we have processed a request to have our TL deleted from CRA." They claim they notified the CRAs in November 02 that it was an error. Experian via phone says no way. It was finally deleted from my Experian report this month. However, the damage was already done as I tried to refinance my mortgage in February and the only thing that had changed on my report was the insertion of Sherman's TL (from 655 to 604). I did not get the loan and have the tough luck letter from the credit union as evidence. I have been told by a helpful member of this board that Sherman owes me $1000 for (a) violating the Post Discharge Injunction of 11 USC 524(a)(2), (b) violating FDCPA prohibition against "communicating or threatening to communicate to any person credit information which is known or which should be known to be false" (FDCPA Section 807(8), 15 USC 192(e)) and also claim another $1000 minimum statutory damages (per FCRA 616(a)(1)) for violation of FCRA Section 605(c)(1) (15 USC 1681(c)) regarding re-aging of accounts in a Credit Report File. I would appreciate some help in drafting this letter. Do I quote the above references? I believe I read here that you should not sound so credit savvy when writing CAs? Or do I just say hey, you did the above and I demand $2000 for the violation of my rights? Thanks so much!
I gave you the name, address, telephone number and email address of the person to send the demand letter to as well as a copy of my own demand letter. Go for it.