Please review my ITS letter

[wunderwoman]

This letter is going to Peoples Energy in Chicago, IL regarding a fraudulent account that they refuse to delete from my account and have even billed me for.

Ms. President of Company

Peoples Energy

address here

City and state

Re: INTENT TO SUE: Identity Theft – Account # 123456789

Deadline for response is December 17, 2004

Dear Ms. president:

Regrettably, due to the excessive amount of grief Peoples Energy has caused me in my attempts to correct your records and my credit reports, I have scheduled a trip to Chicago in ORDER TO FILE SUIT AGAINST PEOPLES ENERGY. As a victim of identity theft, it has been very disappointing that a consumer service agency such as Peoples Energy would continue to act in willful noncompliance of the Fair Credit Reporting Act and the Fair Credit Billing Act. Of the several companies that I have contacted and sent documentation regarding my identity theft, Peoples Energy remains to be the only one not in accordance with the law. I have been patient in my attempt to work with you in resolving this issue, however, your response remains inadequate.

Your company is currently in serious violation of the Fair Credit Reporting Act and the Fair Credit Billing Act. I have proof that Peoples Energy has received my driver's license, utility bill, police report, theft affidavit, FTC confirmation letter as well as detailed telephone notes for each call placed. In addition, I have proof of the disputes to both Equifax and Transunion credit bureaus. Each violation of the Fair Credit Reporting Act is cause for damages up to $1,000 plus the potential for punitive damages.

To summarize the situation, after having been denied credit recently I obtained a copy of my credit reports and found several fraudulent accounts on it. Peoples Energy is one of those accounts. I have sent numerous challenges to the credit reporting agencies and also contacted Peoples Energy personally to alert them that an existing account was in my name fraudulently. Following the instructions of supervisor Dumb Dummy, operator Clueless and Ms. Lazy, I sent proof of my residence here in New York (I've been in the same apartment for over 8 years) as well as all other verifying information listed above. After having been assured by Ms. Lazy and Clueless that this account would be closed and deleted from my credit report, I then received a bill for the final balance. In my last telephone correspondence with Peoples Energy I spoke to supervisor Stupidity inquiring why I would receive a bill for this account and about the status of the account being deleted from the credit bureaus. She told me, (intentional quote) "The papers you sent us don't mean anything. We don't conduct investigations and I advise you to get a lawyer if you want anything done further. We dissolved our legal department a year ago so we don't have anyone to help you out in this legal matter. As long as the name and social security number matches in our system, it's not fraud."

I have run into a brick wall trying to get this false information removed from my credit report. When I contact your company, you claim that you can only delete it through the credit bureau investigation. When I contact the credit bureau, they claim that only you can initiate the deletion. I have proof that this account is fraud and several of the other companies that I've contacted have sent me documented confirmation of this account as being theft, including XXX Company and YYY Company.

I plan to file the lawsuit against Peoples Energy by Dec. 30, 2004 for the following reasons:

1) unfair and deceptive billing practices

2) willful negligence of the FCRA

3) willful noncompliance of the FCRA

4) defamation

5) emotional distress

6) any other legal recourse as advised by my lawyer

All I wanted in the first place was for the account to be closed and the credit bureaus notified to delete this trade line. I feel that I should never have had to go to this extreme to get a crime against me corrected. I will use every legal resource available to me. The fact that I gave written, documented proof that this account was entirely fraudulent should have been enough to warrant removal of it. Yet, I was met with the runaround and excuses. I was told I would get written confirmation that this account was closed and deleted and what I received instead was a bill for services that I did not consume nor authorize. Additionally, I was also told that my documented proof was basically worthless and would not be considered.

This, as I am sure you are aware, goes against the FCRA and the FCBA, not to mention the rights protecting victims of identity theft. I am willing to forego the lawsuit and save us both the cost and aggravation of fighting this out in court if you will delete the account from my credit reports and send me written documentation that confirms the fact. I'm hopeful that you will agree, the fact that all I want is a correct credit report is not too much to ask.

I expect a response to this settlement by December 17th. After December 17th I will begin to make travel arrangements, as well as obtain legal representation.

I can be reached between 9am-5pm EST at 555-555-5555 or via e-mail at [email protected]

Sincerely,

wunderwoman

[c m chase]

Sounds great for the most part!! Just a few things though.

Ms. President of Company

Peoples Energy

address here

City and state

Re: INTENT TO SUE: Identity Theft – Account # 123456789

Deadline for response is December 17, 2004

Dear Ms. president:

Regrettably, due to the excessive amount of grief Peoples Energy has caused me in my attempts to correct your records and my credit reports, I have scheduled a trip to Chicago in ORDER TO FILE SUIT AGAINST PEOPLES ENERGY. As a victim of identity theft, it has been very disappointing that a consumer service agency such as Peoples Energy would continue to act in willful noncompliance of the Fair Credit Reporting Act and the Fair Credit Billing Act. Of the several companies that I have contacted and sent documentation regarding my identity theft, Peoples Energy remains to be the only one not in accordance with the law. I have been patient in my attempt to work with you in resolving this issue, however, your response remains inadequate.

Your company is currently in serious violation of the Fair Credit Reporting Act and the Fair Credit Billing Act. I have proof that Peoples Energy has received my driver's license, utility bill, police report, theft affidavit, FTC confirmation letter as well as detailed telephone notes for each call placed. In addition, I have proof of the disputes to both Equifax and Transunion credit bureaus. Each violation of the Fair Credit Reporting Act is cause for damages up to $1,000 plus the potential for punitive damages.

To summarize the situation, after having been denied credit recently I obtained a copy of my credit reports and found several fraudulent accounts on it. Peoples Energy is one of those accounts. I have sent numerous challenges to the credit reporting agencies and also contacted Peoples Energy personally to alert them that an existing account was in my name fraudulently. Following the instructions of supervisor Dumb Dummy, She works for People's Engergy too? I knew she worked at Experian, but...wow operator Clueless and Ms. Lazy, I sent proof of my residence here in New York (I've been in the same apartment for over 8 years) as well as all other verifying information listed above. After having been assured by Ms. Lazy and Clueless that this account would be closed and deleted from my credit report, I then received a bill for the final balance. In my last telephone correspondence with Peoples Energy I spoke to supervisor Stupidity inquiring why I would receive a bill for this account and about the status of the account being deleted from the credit bureaus. She told me, (intentional quote) "The papers you sent us don't mean anything. We don't conduct investigations and I advise you to get a lawyer if you want anything done further. We dissolved our legal department a year ago so we don't have anyone to help you out in this legal matter. As long as the name and social security number matches in our system, it's not fraud."

This last paragraph sounds good. Break it up a little though, like you did the others, so it's not one huuuuuge paragraph. The simpler, the better for these kind of people.

I have run into a brick wall trying to get this false information removed from my credit report. When I contact your company, you claim that you can only delete it through the credit bureau investigation. When I contact the credit bureau, they claim that only you can initiate the deletion. I have proof that this account is fraud and several of the other companies that I've contacted have sent me documented confirmation of this account as being theft, including XXX Company and YYY Company.

I plan to file the lawsuit against Peoples Energy by Dec. 30, 2004 for the following reasons:

1) unfair and deceptive billing practices

2) willful negligence of the FCRA

3) willful noncompliance of the FCRA

4) defamation

5) emotional distress

6) any other legal recourse as advised by my lawyer

****All I wanted in the first place was for the account to be closed and the credit bureaus notified to delete this trade line. I feel that I should never have had to go to this extreme to get a crime against me corrected. I will use every legal resource available to me. The fact that I gave written, documented proof that this account was entirely fraudulent should have been enough to warrant removal of it. Yet, I was met with the runaround and excuses. I was told I would get written confirmation that this account was closed and deleted and what I received instead was a bill for services that I did not consume nor authorize. Additionally, I was also told that my documented proof was basically worthless and would not be considered.

Honestly, I'd take out this paragraph altogether. You've already said all that stuff, and while I know you're wanting to reiterate how moronic these people are, you don't need to. You're giving them a warning for a suit...it should be as easy for them to understand as it can be.

This, as I am sure you are aware, goes against the FCRA and the FCBA, not to mention the rights protecting victims of identity theft. I am willing to forego the lawsuit and save us both the cost and aggravation of fighting this out in court if you will delete the account from my credit reports and send me written documentation that confirms the fact. I'm hopeful that you will agree, the fact that all I want is a correct credit report is not too much to ask.

I'd change this up a little....say something like "I am willing to forego this lawsuit only if your company deletes the the account from my credit reports, removes the final bill from my name, and states, in writing, that the aforementioned has been done." and take out the rest of it.

I expect a response to this settlement by December 17th. After December 17th I will begin to make travel arrangements, as well as obtain legal representation.

You need to take out that last sentence. In the very first part of the letter you said you have already made arrangements and implied you already have a lawyer. Besides, you WANT them to think you already have one.

I can be reached between 9am-5pm EST at 555-555-5555 or via e-mail at [email protected]

Sincerely,

wunderwoman

GOOD LUCK!!!!!!!!!

[wunderwoman]

Thank you Chase! I will follow your suggestions!

[edubb007]

Good letter and good advice. I would do the same. I might even be inclined to move up the deadline.

Good luck!

[Recovering Attorney]

I would put the letter aside, read it again tomorrow, and see if you can shorten it up. Rework the first paragraph to tell them you intedn to sue becasue.... THen hit your bullets. Then, in a bulleted paragraph, tell them what you'd like them to do. Give them a deadline, bu tmake it a realistic one. If you send this to the Prez, it will wind it's way down the belly of the snake to somone. and that will likely take more than one week.

Short, sweet and succinct.