One quick question here. I had a Verizon on my credit report listed as a charge off, unpaid balance $269.00. I disputed last year as NOT MINE. (I actually thought it wasn't - I use to have AllTel which became Verizon). Verizon verified. I proved to Verizon that this had been paid back in 2000. They her erroneously turned this over to a collection agency. When I disputed it, they also verified it. My question, now that I have a letter from Verizon stating that I owe them nothing and the collection agency should be removed from my files is this: can I do something about the lazy people at Verizon and the CA that verified the incorrect info? When I spoke with the CA today, because the CRA said that they can't remove the CA tradeline even with the letter from Verizon until the CA informs them to do so, or they don't respond to the dispute. I am impatient and want it off NOW! It has been there 2 years. When I called the CA, they had no record of me whatsoever. I had to ask how they could have verified something that they have no record of. It is maddening! Do I have any recourse with them?
I agree. I would sue the cra (willful noncompliance, not investigating, duty of notice of dispute on the FCRA) and the Collection Agency ( FDCPA (validation). Get some money.. that letter is worth at least $1000
Is there a letter to send the CRA (see uniondiva post above) or how would I proceed with this. I'll guard that letter like gold....
Here's the infamous Suzy Suckass intent to sue letter. You will need to change it for your particular circumstance. Incompetent Collection Agency Facsimile 312-555-1212 Re: Account 800KMA269157 NOTICE OF Intent to FILE LAWSUIT to Whom It May Concern: This Letter shall serve as formal notice of my Intent to file a lawsuit against your company, due to your blatant and objectionable disregard of the law. On 11-10-01, You received a demand for validation and cease communication Letter from me. This was sent certified mail (7000001445230587) that was signed by Suzy Suckass on 11-13-01. As of today you have failed to provide me with the proof I have lawfully requested. I sent a 2nd Letter, the estoppel Letter on 12-17-01 via certified mail (7001005324857458) signed by Suzy Suckass on 12-21-01. All of these you have chosen to ignore. The FDCPA states you must cease collection activity until you have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which you obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or you would have provided it in the previous 4 months since it was requested. Also, when an alleged debt is disputed, a notation must be entered on the debtors credit report showing the item as in dispute. Again, this was not done. Iâ??m sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for. If not, let me point them out for you. FCRA 1. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) â?? Duty to provide notice of dispute. 2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information. FDCPA 1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication 2. § 809. Validation of debts [15 USC 1692g] As per the FDCPA: § 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 -- (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000 If you wish to resolve this matter, this will be your last opportunity to do so. The following items must be deleted from my credit files with the four major credit reporting bureaus (Equifax, Experian, Trans Union and Innovis) within 72 hours or by January 25, 2002 and you forward a Letter to me via facsimile stating they have been removed and will not reappear on my credit reports again by you or another collection agency. Account # 800KMA269157 Please be aware if these accounts are not deleted by January 25, 2002, I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Illinois State Attorney General, The Texas State Attorney General and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously. Christi
I just about died laughing when I first saw that letter. How ignorant can we get? Again, an ITS is a specific legal document, not some folderol dreamed up on the spur of the moment. It has a specified format to follow. No wonder they don't take people seriously and no wonder people continually lose in court. What is even worse is that one can buy people their books, send them to school and all they do is eat the pages.
well, all I can say is that the letter has worked for me several times... I guess the ca' are just as dumb as we are!
