I have been dealing with a Texas CA that has blatantly violated the FDCPA, FCRA and Florida Statutes over 20 times in the past three months. This is re an AVCO loan from '96, sold to Associates in '98 or '99. Past SOL for my state. Reported as collection with this CA since 10/02. Only contact with CA has been via phone beginning 11/02. I sent 2 validation letters via fax and CRRR, which they've completely ignored. Some of the violations: they have continued to update AND verify TLs with CRAs during validation, didn't report TLs in dispute, never gave mini-miranda on phone, continued to telephone after receiving C&D not to call, threatened seizure of property and garnishment (which they couldn't do because of SOL), AND contacted employer about debt implying that I had committed a crime. There have been times I felt they were doing things just to be jerks because they thought they would get away with it and thought they could force/humiliate me into paying. They have the attitude that they can do whatever they want. I want to show them that they can't. Although I have them on ~20 violations, small claims max in my area is $5,000. I'm fully prepared to file the small claims suit. Originally, I would have settled for removal of TL from CRAs, but now feel that they deserve so much more than that. ) I'm in the process of preparing an ITS letter. I've read sample ITS letters and opinions of some cnetters on what to include in the ITS. I'd like to hear from some who have sent ITS letters and/or actually filed suit. ?? - In the ITS letter, is it better to just tell the CA that I will be filing suit on XX date? OR, should I outline what they will be sued for? ?? - OR, should I include a copy of the small claims court Statement of Claim and related Exhibits that I plan to file? Thanks for reading this long post. I appreciate all input. flamva
If it were me, I'd outline the violations but not the actual actions they did that was in violation. I believe this is in line with something of bill bauers I read, and I liked the premise. There's a thread written in the past week titled along the line of "letter writing tips" that has a the discussion on this.
?? - OR, should I include a copy of the small claims court Statement of Claim and related Exhibits that I plan to file? I subscribe to the school that has you sending an ITS. Then 48 or even 24 hrs before your stated deadline fax them a copy of a filled out Claims form - sans exhibits. 0
