Although we haven't gotten to this point yet (and hopefully won't have to) can a non-pp be heard in small claims court if the defendant is out of state? also, my father is very concerned about my sending off an ITS/ demand for $ for violations even though I am very willing to back it up (if I just knew where to file ) He feels that it is comparable to extortion. Hmmm... anythings I can tell him to alleviate his fear that I'm breaking the law? Cheers.
I might even take him out to dinner! If I post a copy of my letter will you guys critique it for me since my family thinks I'm a mob protege hee hee
Here it is : Sleazy Used Car Dealer 123 Lemon Lane Everywhere, USA February 12, 2004 Re: Notice of intent to pursue litigation for obtaining consumer report without permissible purpose. In January 2001, my family was car shopping and visited your companies used car lot located in Carland, USA. We haggled all day and eventually decided not to buy the vehicle that your salesman was attempting to put us in. On that day my social security number was given to the salesman and the finance manager for financing purposes. A few weeks later, the salesman (Mike) called to follow up and we informed him that we had purchased elsewhere. That was the last we heard of Sleazy used car dealer until recently. In July/August 2003 we received a mailing from your company about a sales event/offer. We all found this humorous since we had moved out of the state almost a year prior to receiving this offer. End of story or so I thought. Upon reviewing my Equifax credit report, I was shocked to discover that â??Sleazy used car dealerâ? obtained my credit report on June 10, 2003. I did not authorize this inquiry. Under the Fair Credit Reporting Act § 604 Permissible purposes of consumer reports [15 U.S.C. § 1681b] the FTC clearly states that permissible purpose is required for any inquiries into a consumers credit report and defines what is permissible purpose. I DID NOT authorize that your company obtain my credit history from Equifax or any other CRA. Your company did not have â??permissible purposeâ? and therefore has violated my civil rights as well as my privacy. I am sure you are well acquainted with credit scores. An inquiry without a corresponding account is VERY detrimental to oneâ??s credit score. This inquiry shows as being â??hardâ? inferring that it was obtained in response to an application for credit. Even though I have not applied for credit with Sleazy used car dealer on or around the dates in question I was penalized on 8/27/03 when I legitimately applied for credit and was not offered the rate I expected because of my credit score. There is cause for damages on my part. The penalty for obtaining a credit report without permissible purpose per FCRA § 616. (1)B) â??in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;â? Unless you can prove your permissible purpose for obtaining my credit report, please arrange for payment of $1,000 by March 16,2004, or I will be forced to file suit against you for numerous willful and negligent violations of federal law, state law and my rights as a consumer. Sincerely, "That's MR. Soprano to you" Butch, already you have helped so much... I'm sure you recognize "certain lines" of the letter. It's the rest of the lines and any others that SHOULD be included that I'm concerned about. TIA
