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Letter to OC critique (for unpaid debt)


ElorraM
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Is this letter OK to send to An OC for unpaid debt? I want to use the Johnson v. MBNA case, as I think it better iterates the responsibilities of furnishers of information and investigation.

Any suggestions would be appreciated.

July 27, 2004

Creditor

Re: Acct #

Dear Sir/Madame:

I am writing to dispute the account referenced above. I have disputed this tradeline with the credit bureaus as it is not mine and you have verified with them that this debt is mine. How is this possible when this tradeline is in fact, not mine?

In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual defamation damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area. You have severely limited my ability to get a credit card.

In light of the recent court case opinion Johnson v. MBNA Am. Bank NA (4th Cir., 357 F.3d 426), 1492, the court ruled that if a creditor cannot verify disputed information (after an “in-depth investigation”, which I am requesting), credit agencies are to delete the item or modify it after further investigation.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.

I look forward to an uneventful resolution of this matter.

Sincerely,

name

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It's very general and does not state your cause of dispute. In reading this my first impression is why is this not his? Obviously they are verifying to the CRAs because their records indicate that it is yours. Other than simply stating it is not yours, what do you have to back that up?

If you never applied for credit with that company say so and demand proof that they may have to the contrary.

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