whoisjohnny2004 Posted December 8, 2004 Report Posted December 8, 2004 Hello all,Are there any good sample ITS letters to send to a CA after they have failed to provide validation after 2 DVs and over 8 months of ignoring me while verifying with the CRA over 6 times?Thanks again, all!
whoisjohnny2004 Posted December 9, 2004 Author Report Posted December 9, 2004 Yes, I submitted BOTH DVs via CMRRR and I have the green cards and Express mail receipts to prove it. They have ignored me and continue to verify with ALL 3 credit reporting agencies and I have gotten to the point where I feel that 8 months is long enough to provide me with my validation.Can someone point me in the right direction as to where I could find an ITS letter for FDCPA violations and FCRA violations by a CA?Thanks again!
whoisjohnny2004 Posted December 14, 2004 Author Report Posted December 14, 2004 bump for extra help...please?
wunderwoman Posted December 14, 2004 Report Posted December 14, 2004 This should help:NOTICE OF INTENT TO FILE A LAWSUITYour Name123 Your Street AddressYour City, ST 01234ABC Collections Anytown USADate:Re: Acct # XXXX-XXXX-XXXX-XXXXTo Whom It May Concern:This is the final request for debt validation before I file a lawsuit against your company under the provisions of the Fair Debt Collection Practices Act. Please be advised that I am requesting “validation”, that is, competent evidence that this debt is mine and that I have some contractual obligation to pay you. You are currently reporting this account on my credit reports. I have disputed this debt with the credit bureaus, and all three have verified that this is a “good” debt. A computer print out of the debt, or a bank clerk viewing their computer screen is not verification or validation of this debt. As you are aware, information about this account comes directly from you. The listed items are entirely inaccurate and incomplete, and represent a very serious error in your reporting. Failure to comply with Federal regulation by collection agencies or credit bureaus are investigated by the Federal Trade Commission. I am maintaining a careful record of my communications with you <and to date I have sent XX letters and have proof of receipt> and the credit bureaus for the purpose of filing a complaint with the FTC, the state attorney general’s office, the Better Business Bureau, and of course ammunition in my upcoming lawsuit against you.I would further remind you as in Wenger-vs-TransUnion Corp No 95-6445 CD Cal Nov 14, 1995), that you may be liable for willful non-compliance. Failure on your behalf to provide my original contract, without any alterations, mark, stamps and bearing my original signature will result in a claims action against you company. I will be seeking $5,000 (five thousand dollars) in damages for the following: 1) Defamation 2) Negligent Enablement of Identity Fraud 3) Violation of the Fair Credit Reporting Act and the Fair Debt Collections Practices Act as applicable.You may wish to consult with a competent legal advisor before your next communication with me. Your failure to satisfy this request in accordance with the legal principals of estoppel will be constructed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.Best Regards,<Your Name>
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