Two steps forward, three steps back

Discussion in 'Credit Talk' started by drmgirl6, Mar 11, 2002.

  1. drmgirl6

    drmgirl6 Well-Known Member

    I congratulate all of you who have gotten success with credit repair. I've had a few successes myself. But its getting too hard. I had a set back today and maybe, like a lot have done before me, I should take a break. I've sent validation letters to 4 companies with no response after the 30 day period. 2 of them have verified without sending me proof plus an account has been reinserted without me getting the 5 day notice. My score has taken a direct hit with these verifications, making it under the 500 mark. I was in the process of sending an intent to sue letter to Equifax and started to cry. Not 'boo hoo" cry but tears nontheless. I have only been at this since Oct 2001 but it seems a lot longer. The disappointments seem to outweigh the successes and they cut too deep. I am trying to stay positive because I know that what is being reported is wrong, but its hard. I don't know. I guess I just needed to vent. I'll probably feel differently tomorrow but right now....... Anyway, thanks for all the good information here. You guys are great.
     
  2. Killer

    Killer Well-Known Member

    Remember when Christi wanted to give up!/ She didn't and look at her now! Hang in there!
     
  3. Christi

    Christi Well-Known Member

    Send the estoppel letters to these companies, keep an ongoing papertrail. Then when you do sue the CRA or CA and you go to court, you can show the judge you put forth ALOT of effort!!

    Give them 15 days in the estoppel letter. I then (not necessary) fax a 72 hr to delete or I sue letter to the CA (it has worked).

    Do NOT give up!!

    I was about to give up not long ago and now look at me. I have sued 2 CRA's successfully with money and deletions and about to settle with the 3rd. Then I'm suing 2 collection agencies (even though accounts are permanently cloaked on credit reports) just because I can!!

    I started in the low to mid 400's and it took me from March 2001 to today to get where I am.

    Keep your head up :)

    p.s. If you want a copy of that 72 hr delete or I sue letter (that I fax) email me and I'll get it to you.
     
  4. drmgirl6

    drmgirl6 Well-Known Member

    Thanks, Christi. Your drive and determination has truly been an inspiration to a lot of people here. I WOULD like a copy of that letter but I don't know how to find email addresses on here. A little help?
     
  5. Christi

    Christi Well-Known Member

    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

    cc: My attorney, esq
    Federal Trade Commission
    Texas Attorney General
    Illinois Attorney General
     
  6. Hermit5

    Hermit5 Well-Known Member

    Oh, so you suing C.A.'s even WITH your deletions?
    Excellent idea.
     

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