YIKES call from second letter

Ok...it has now been a week and I have heard nothing further from my friend...How is this for the next round?? BTW ...my TU report now shows in dispute from him not me....


Dear Mr. Horan:

Again, I am formally requesting that you validate all tradeline notations that you have submitted to the three major credit reporting agencies by Collection Associates for me, miss meany, for account number xxxxx.

I would like to thank you for you prompt response to the letter dated August 9th, 2002 with a call at 9 a.m. Saturday August 10th, 2002. Unfortunately at this time I am going to have to request that all communication be in written form since that conversation was so unproductive with childishness name calling (you stating several times I was being mean and unethical), false accusations (you stating I believed Bloomington Hospital was being unethical and that I was using a Credit Repair service), and harassment (threatening to counter sue for frivouslessness if I choose to enforce your infractions of the FDCPA and the FCRA).

I am receipt of your correspondence postmarked August 6, 2002. The three items you sent to me do not count as validation and do not prove or show where I owed this debt as I stated in the phone call. Let me go further and explain why and how these do not meet the legal requirements as stated in the Wollman FTC opinion letter and further proved in the Spears vs Brennan. I have provided to you these documents for your convenience and I have also included my own â??debtâ? to you to prove my point.

1. The first item I will address is a print screen shot of my information being in your computer system. The address is a combination of several of my former addresses. This may be the reason that I never received mail from you advising me of this debt and my rights(violation 1). I pulled my report in December of 1999 before I purchased my car and paid the amount reporting as soon as I saw it. According to the law, payment is NOT admission of debt. You will find included with this letter a Print Screen shot of you in my computer system. I am sorry that I could not tell your name on the signature card or as you spoke with me on the phone, as you never identified yourself or your company when you called me until I asked who you were (violation 2) plus not once did you speak the "mini-miranda" (violation 3).

2. The second item I will address is my release form from Bloomington Hospital. Yes, this has my signature on it; and if you read what this signature is for, it denotes â??I hereby acknowledge and understand the instructions indicated aboveâ?. These instructions were how to take care of my sprained knew. During our phone conversation you said that was enough that it proved I was there. Sir, not once have I denied being there or not. I was there after I hurt my knee at the local ski resort. This signature has no relevance whether I owed this debt. You will find included with this letter a copy of your signature.

3. The third and last item you sent as proof is a itemized list of services with the original creditorâ??s name rubber stamped at the top. You can not tell me why the items are so different. I went to have my knee looked at, and there is a urinalysis line on here. It shows on 9/22/98 â??Service not covered $00.â? It shows my insurance (I donâ??t know if that is Cigna or not as it is listed as â??Connecticut General Lifâ?) paying this bill eight months after service. No where on here does it show any payments made by me. Where is the deductible that must paid upon admission to the hospital? Also where is the payment I know I made to you? You will find enclosed with this letter an itemized list of violations you have incurred with this matter and what I think you owe me. The Wollman Letter addresses this issue precisely.

If you do not cease reporting of the incorrect information, I will be forced to take further action. Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act and my rights as a consumer have caused harm to me by causing the denial of credit as well as causing me to be charged higher interest rates and unfavorable loan terms.

I assume that you cannot validate this debt; therefore, I am demanding that you cease any and all collection efforts associated with the above referenced account. You chose by doing business as a collection agency to maintain the highest possible records of accuracy and to maintain and collect valid debts. I will give you 5 days from receipt of this tracked letter to provide me proper validation of this debt or remove unvalidated information from my reports.

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. I will list a few:

(To be continued)

 

As per the FDCPA:

§ 813. Civil liability [15 U.S.C. 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

§ 807, False or misleading representations [15 USC 1962e]
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(11)The failure to disclose in the initial written communication with the consumer, and in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.


As per 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

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing 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) any actual damages sustained by the consumer as a result of the failure;
(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.


§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]
(a) Duty of furnishers of information to provide accurate information
(2) Duty to correct and update information
(3) Duty to provide notice of dispute.

Your company has failed to send the legally required validation of this debt. In fact, what you sent to me shows inaccuracies of what you say and what you report in and of themselves. You have been notified that your actions are detrimental to me and that your company has violated (including but not limited to) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act.

Your company knew or should have known that the actions taken against me and the information collected about me were inappropriate and damaging to me, failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed.

Your company has communicated and is continuing to communicate incorrect and defamatory information to third parties including but not limited to, Equifax, Experian, and Trans Union. As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law.

Please understand that I am extremely concerned about the consequences of the actions your company is having on my life. Please be advised that, if this matter is not resolved by the aforementioned date, I will take any and all necessary steps to protect my rights.

If you wish to resolve this matter, this will be your last opportunity to do so. The following item must be deleted from my credit files with the three major credit reporting bureaus (Equifax, Experian, Trans Union) within 5 days from the date you signed for this letter unless proper validation is provided. I want proof of debt or via regular U.S. mail a statement stating it has been removed and will not reappear on my credit reports again. I will expect nothing less.

Please be aware if these accounts are not deleted by August 28, 2002, I will be filing a formal complaint with the Federal Trade Commission, our state attorneyâ??s office and the Better Business Bureau. Also, note that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan).

For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.

Thank you and I look forward to resolving this most expeditiously and amicably.

Sincerely,
Miss Meany


Sorry so long guys, but one more question...I cant find the phrase to type accross the items so they cannot submit it to the court. I am afraid "my debt" to them papers (1 print screen of ca information in my computer, I computerized itemized bill they owe me for infractions, and last a copy of their signature on the green card ..so obviously they owe me money too) will be precieved wrongly in court

Thank you