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Found an attorney, should I retain...?


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I found an attorney that would take my case on a contingency basis (edcombs.com) but the problem is that he is about 4 or 5 hours away and I don’t want to travel that far. I’m not looking for monetary damages out of this, just want them off of my report.

I drafted this letter as a last attempt at settling this out of court. Would it hurt my case to send this to them as a settlement agreement?

I regret to inform you that CA is the subject of a lawsuit for violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, as I have sought the retention of an attorney to seek statutory and punitive damages accordingly.

I have outlined these violations in my previous correspondences with CA which I sent Certified Mail and your company signed for on June 30, 2003. Among these violations:

My initial notice from CA informed me that I could improve my credit report by settling an alleged debt. This letter failed to inform me of my right to request validation within 30 days as per the FCRA. (FCRA violation).

I sent a request for validation Certified Mail, which Palisades signed for on April 7, 2003. I received no response from this letter.

On May 15, 2003, CA places this account on my Experian credit report without marking the account in dispute. (FDCPA and FCRA violations)

I disputed this account through Experian on May 22, 2003. CA verified that this information was correct on 6/11/03 and failed to note the account in dispute once again. (FDCPA and FCRA violations)

I sent CA a demand for deletion, Certified Mail, which CA signed for on 6/30/03, due to the violations of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, or I would seek legal recourse.

CA sends me documentation on July 31, 2003, showing a new unsubstantiated inflated balance of $2077.58. (FDCPA violation)

I disputed this account information through Equifax and CA once again verifies this information to be correct and fails to mark the account in dispute. (FDCPA and FCRA violations)

I contacted a CA account representative after receipt of the inflated balance of $2077.58 to complain about such an outrageous amount. The CA representative was very rude when I informed her that I had a letter from Joe Schmoe , Director of Operations, stating that CA has inflated the balance due to $2077.58. The Palisades representative said I had no such letter and stated “would you like me to send you my computer to show you your balance?” I informed her that I would send proof to CA that I indeed have a letter stating such as well as proof that CA has failed to mark accounts in dispute.

I am now enclosing proof that CA has failed to mark account in dispute, AGAIN> Proof that CA sent me a letter stating the balance to be $2077.58, and the documentation I am ready to sign to begin legal actions against CA as proof of this allegation.

We all recognize the time and expenses of litigating this matter through a jury trial. If CA would like to resolve this matter out of court and avoid the expenses of attorney fees, an ongoing jury trial, statutory and quite possible punitive damages, I am offering one last attempt at resolving this issue.

I would be willing to consider an offer of settlement in the amount of $2000 and full deletion of this account from all credit reporting agencies, along with the agreement to close this account and not sell, transfer, or reassign this account to another lender in exchange for me not signing my attorney’s retention papers and me dropping any and all legal claims against CA and it’s associates.

I am sure you would consider this settlement fair as we can be sure that the repercussions from a lawsuit, attorney fees, repeated violations, statutory and possible punitive damages and the potential of a class action lawsuit would most likely be far greater than the amount I am willing to settle with now.

I am giving CA 10 days from the signed, confirmed delivery date of this notice to respond to my request before I sign the agreement my attorney has provided and begin the litigation process. Please contact me if you would like to bring this matter to an end.

Best regards,

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