Kristin36 Posted October 21, 2004 Report Share Posted October 21, 2004 October 21, 2004Kristin36My addressMy stateOCTheir addressAttn: Recovery DepartmentTheir stateRE: Collection letters from CA #1 & CA #2; Collection Calls from CA #2 and OC Internal Collections DepartmentRE: (OC) accounts #XXXXXXXXXX, #XXXXXXXXXX, & #XXXXXXXTo Whom It May Concern:This letter is to inform all involved parties that all the above-mentioned OC debts were discharged in a Chapter 7 No Asset Bankruptcy filed in the XXXXXXX Bankruptcy Court, on 05/16/03 and discharged on 08/26/03--Case XX-XXXXX-XXX-X.By OC continuing to list and place these accounts in collection and by reporting and verifying these debts as reporting correctly on 9/04 to the Credit Reporting Agencies, they are engaging in illegal collection activity on discharged debts. If all parties involved do not immediately Cease and Desist all collection activity and immediately delete these accounts from all Credit Reporting Agencies, on the advice of my Attorney, he will on my behalf, file Motions for Contempt and Request for Sanctions with the Bankruptcy Court, including, but not limited to, actual damages, punitive damages, compensatory damages, pre-judgment interest, post-judgment interest, all costs and fees, and any other amount deemed fair and just by the Court against all parties. He will also immediately report all actions to any applicable State Attorney Generals, the Federal Trade Commission and any other applicable entities. In regard to CA #2 and OC Internal Collections Department, I have received countless harassing calls over the past several months. These calls are documented on my caller ID and on a call log, as well as being witnessed by other household members. These calls consist of the phone ringing once and then the aforementioned companies hanging up, or letting the phone ring until I answer, then they say a FIRST NAME ONLY. Upon verifying that they are speaking with someone BY THAT NAME, they hang up WITHOUT identifying who they are or why they are calling. This constitutes harassment under the law. The attached sheet lists some examples of the most recent date and times of the phone violations. Also attached are copies of dunning letters from CA #1 and CA #2. The letter from CA #2 dated 10/16/04 is also after I spoke with XXXXXX at CA #2 on 9/30/04 and informed him of this Bankruptcy. These acts are a direct violation of the FDCPA.I do not expect to have any further communication with any involved parties regarding these accounts hereafter, except to be notified that the situations have been resolved per the FCRA and FDCPA as applicable. ANY AND ALL FURTHER COMMUICATION IS TO BE IN WRITING ONLY. I do expect to receive some form of written communication that these accounts have been properly taken care of.I look forward to resolving this matter amicably within 15 days of each signed and dated receipt of receiving this letter before pursuing legal means. Sincerely,Kristin36CC:CA #1CA #2 HQCA #2 My AttorneyEnclosures:Copy of dunning letter from CA #1Copy of dunning letters from CA #2Example of Phone Call LogPhone Calls from CA #2.XXX-XXX-XXXX (their ph #)9/13/04 12:46 p.m. Caller hung up after 1 ring.9/15/04 4:36 p.m. Caller hung up after 2 rings.9/30/04 8:27 p.m. Talked to XXXXXX. He stated he would note the account as BK. He stated that he would put “BD” on account for “Bad Dialer” which would stop the auto-dialing.Phone Calls from OC Internal Collection DepartmentXXX-XXX-XXXX9/20/04 3:55 p.m. Caller hung up after 2 rings.9/23/04 6:06 p.m. Was able to answer the phone. Upon saying “Hello”, man said “Kristin36?”. I said “speaking” and he hung up. Link to comment Share on other sites More sharing options...
LadynRed Posted October 21, 2004 Report Share Posted October 21, 2004 Ok, just one basic comment. Violations of the FDCPA only come with a $1000 PER ACTION price limit, actually it says 'UP TO 1,000", so it could be less. Where you'll hit 'em harder is the damages. The FCRA violations ARE $1000/violation, just to clarify.Letter looks good otherwise Link to comment Share on other sites More sharing options...
retmar Posted October 21, 2004 Report Share Posted October 21, 2004 The only thing I would change is:"......for sanctions with the BK Court, .... as applicable."Change to:". . . . . BK Court, including, but not limited to, actual damages, punitive damages, compensatory damages, pre-judgment interest, post-judgment interest, all costs and fees, and any other amount deemed fair and just by the Court against all parties . . . . . . " Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 21, 2004 Report Share Posted October 21, 2004 I would simply complain to the FTC and ACA. If the OC is a bank, complain to the Comptroller of the Currency. However, don't mention to the authorities you intend to sue, simply state the problem and ask them to intercede on your behalf. Link to comment Share on other sites More sharing options...
LadynRed Posted October 21, 2004 Report Share Posted October 21, 2004 I'd agree, but these AW's are trying to collect on a discharged debt. The BK court weilds a far bigger bat than the FTC or ACA and would certainly have more clout when mentioned in a letter like this. Link to comment Share on other sites More sharing options...
Kristin36 Posted October 21, 2004 Author Report Share Posted October 21, 2004 Thanks everyone for the input so far. retmar, I made the recommended changes. Sounds MUCH better. Thank you.LadynRed, I took out the 1k stuff. That stuff always confuses me. Anything else? Anyone? Link to comment Share on other sites More sharing options...
retmar Posted October 22, 2004 Report Share Posted October 22, 2004 That should suffice. Let us know what happens. Link to comment Share on other sites More sharing options...
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