URGENT:Is This A Good Letter?

Discussion in 'Credit Talk' started by lbowman, Nov 1, 2001.

  1. lbowman

    lbowman Well-Known Member

    I'm sending this out to a CRA who has ignored one of my disputes and for the others, verified them BUT when I sent a certified letter for the names, numbers, procedures used, they just sent me an updated report showing updated with no updates 30 days after my request. I'm plan to send this letter. Will it be effective or should I just sue and give them the option to delete the accounts as a settlement?
    RE: Dispute Letter of 8/2/01, Follow-up Letter of 9/13/01


    Dear Sir/Madame:

    This letter shall serve as formal notice of my intent to file a complaint with the FTC, due to your blatant and objectionable disregard of the law.

    As indicated by the attached copies of letters and mailing receipts, you have received and accepted through registered mail my dispute letter dated 8/2/01 as well as my follow-up letter dated 9/13/01. To date you have not done your duty as mandated by law. Your non-compliance with federal law is unacceptable, your disregard for it contemptible. Rest assured I shall hold you accountable.

    Federal law requires you to respond within 30 days, yet you have failed to respond. Failure to comply with these federal regulations by credit reporting agencies is investigated by the Federal Trade Commission (see 15 USC 41, et seq.). I am maintaining a careful record of my communications with you on this matter, for the purpose of filing a complaint with the FTC should you continue in your non-compliance. I further remind you that, as in Wenger v. Trans Union Corp., No. 95-6445 (C.D.Cal. Nov. 14, 1995), you may be liable for your willful non-compliance.

    For the record, the following information is being erroneously included on my credit report, as I have advised you on two separate occasions, more than 85 days and again 45 days ago:

    Account #

    Under federal law, you had 30 days to complete your re-investigation, yet you have failed to respond. Further delays are inexcusable.

    Furthermore, I have disputed the following accounts and your company responded deeming the accounts â??verifiedâ?. In response to your findings, I requested a description of the procedures used to determine the accuracy and completeness of the information. To date, Iâ??ve received no reply and the time to respond has expired. I demand removal of these accounts from my file.

    Account #
    Account #
    Account #

    If you do not immediately remove this inaccurate and incomplete information, I will file a formal complaint with the FTC. Should you continue to operate with complete disregard for the law, I intend to seek redress in civil action for recovery of damages, costs, and attorney fees. For this purpose I am carefully documenting these events, including the lack of response REQUIRED under law from you.

  2. LKH

    LKH Well-Known Member

    Go get 'em. Just be prepared to follow through if they give you the same B.S. I can tell you from my experience that suing a cra is not an easy endeavour. You may also need to be prepared to obtain an atty if you were to sue and they had it transferredto federal court. Just a couple of things to think about, but from what you posted, it sounds to me like you got them and your letter may work.

    Good luck.
  3. lbowman

    lbowman Well-Known Member

    Thanks for the vote of confidence. I'm mailing it out today (certified mail of course).


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