Sue RMA & EQ?

Someone posted this letter on the board back in January. RMA sent back a letter agreeing to delete but I am waiting for confirmation from equifax. Just modify it to suit your needs since they just got this letter from me. Also, you need to be ready to go to Court if necessary. I have every intention to file suit on these people if this is not removed. It is over a $58 dollar account that I do not owe. They thought I would just pay and make it go away. If they ignore you, file suit and follow through.






Risk Management Alternatives
802 E. Martintown Road
Suite 201
North Augusta, SC 29841

Demand Letter
Final Notice Before Suit Filed



Account Number


Dear Sir/Madame:

On 01/11/2002 I mailed to your company, Certified Return Receipt, a request for validation of this alleged debt. An employee with your company signed for this letter on 01/14/2002. In the time between then and 2/14/2002, I did not receive anything from your company validating this debt. However, on 1/22/2002 I received another collection notice dated 01/18/02 from your company. In the letter it states â?? WE ARE OBLIGATED TO MAKE OUR BEST EFFORTS TO COLLECT THIS ACCOUNT, TO THE EXTENT PERMITTED BY THE FEDERAL FAIR DEBT COLLECTION PRACTICE ACT OF 1978 (PUBLIC LAW 95-109).

Are you aware that by attempting to collect on this alleged debt before validating this debt (per my request) is a severe violation of the FDCPA? You are also aware the FDCPA has been amended since 1978, Under § 809. Validation of debts [15 USC 1692g] AIII of the FDCPA I exercised my right to request validation from you, within 30 days of receiving my first written notification from you. However, you failed to abide by the FDCPA, which you state you are obligated to do in recent communication with me, through the US Mail. Under § 809. Validation of debts [15 USC 1692g] B you are required to cease all collection activity until I receive either a copy of a judgment or any verification of the debt, which I was not provided.

I also disputed this incorrect item with Equifax on 01/12/02 and they have advised me that you veriefied this account on 01/28/02. Since you had not validated this debt at that time this is also a violation of the FDCPA. A third violation of the FDCPA occurred when you failed to notify Equifax this debt is under dispute.

Therefore, to avoid, what could be a lengthy lawsuit, for 3 violations of the FDCPA, I demand the following be done within 30 days.

1. Remove any negative remarks on my credit reports including but not limited to Experian, Equifax, and Trans Union. Provide me this confirmation in writing, signed by an authorized employee, on company letterhead before February 28, 2002

2. Nullify this alleged debt as well as any future collection attempts from ANYONE, whether it be Risk Management Alternatives or Florida Power or whomever. Provide this information in writing, signed by an authorized employee, on company letterhead prior to February 28, 2002.

If these 2 items are not satisfied prior to February 28, 2002, I will immediately begin my lawsuit for FDCPA violations, defamation of character and enablement of identity fraud.

May I remind you that if this is not settled within 15 days of receipt of this notice, under § 813. Civil liability [15 USC 1692k] I am allowed to sue for $1000 per violation as well as punitive damages. This will be my last notice to settle this matter amicably. Once I am forced to file a lawsuit for your violations there will not be any settlement negotiation that does not include your payment of $3,000 for violations of the FDCPA and Attorney Feeâ??s and Court Costs. This is your last opportunity to follow the laws of the FDCPA and to do what is required by law of you.

I thank you for your immediate attention to this matter and look forward to settling this in a fast and amicable manner without costly litigation.

 

I wouldn't send any more letters to RMA. I would give equifax the 30 days and wait on their response. Did you send Equifax the evidence that RMA did not validate the debt? If so, and Equifax does not remove after 30 days I would file suit against both Equifax and RMA and not send anymore letters. Equifax owns RMA and they are guilty of FCRA violations if they have the evidence from you that RMA did not validate. Let the Judge know they are in cohorts together.

Let them know you are serious and will not play any games. You can only threaten them so much before you have to follow through. You have done enough.

If it is not removed go ahead and file.