Re: Re: Re: validation from CA bump for the morning crowd. I really need to send it out! I would appreciate anyone who has actual feedback to post ASAP so i can send this letter TODAY. THX, eric
Here is how the letter went out. I will post again once I receive my response. Thank you for attempting to validate this account. Unfortunately, your correspondence dated February 19th, 2004 failed to properly validate this account. This letter is a second notice that your claim is being disputed. You are currently in violation of section 623 (3) of the FCRA for failure to satisfy your responsibilities as a furnisher of information to consumer reporting agencies. Furthermore your blatant disregard of section 809 (b) of the FDCPA as memorialized by contemporaneous notes included in page three of this letter is yet another violation of my rights. This will serve as your legal notice under federal law, "The Fair Debt Collection Practices Act," to cease all communication with me, except by mail, in reference to the above account. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission responsible for enforcement, the state Attorney Generalâ??s Office, as well as the American Collectorâ??s Association, which monitors for noncompliance. I intend to hold you responsible for violating my rights as permissible under section 813 of FDCPA and section 616 of the FCRA. § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000 § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -- (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000 Please arrange for payment of $2,000 within 15 days of your receipt of this letter to the name at the address listed at the top of this page. Furthermore, I must once again ask that you remove the erroneous, derogatory listings associated with this account from all credit reporting agencies. It is a breach of my rights to report incomplete and inaccurate information to Credit Bureaus. If necessary I will defend my rights in a court of law. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees. Sincerely, Eric XXXXX thx, |ow