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Please critique my letter.


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I DV'ed two CAs recently. Got the green cards in the mail a couple days ago and have been checking my credit reports for the last ten days or so. They have not reported these accounts as disputed. I have drafted the following letter, please give your input:

Dear so and so

This letter signifies my intent to sue your company for violating my rights under the FDCPA.

By letter dated xx/xx/2004 I informed you that I dispute your claimed debt. You received this letter on xx/xx/2004. However, you have continued to report this alleged debt to one or more credit reporting agencies. This violates Section 807(8) of the FDCPA. Which states:

§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

Your company will be held liable for this violation. As you know, this may include a statutory penalty of up to $1000 per violation and attorney's fees.

In addition, this is your notice that any assignment, transfer or sale of this account to another entity for the purpose of continued collection activities will be considered a violation of the FDCPA.

I reiterate that I DISPUTE this debt.

To avoid the burden of filing legal action, I am willing to settle this dispute with the following conditions.

1. Delete this item from any credit reporting agency you have reported it to;

2. Send me a check for $1000.00, no later than xx/xx/2004.

If you fail to do this, I will bring action to enforce my rights.

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I agree with Willing. I paid off 3 credit cards on 12/18. but the payments aren't reflected as of yet. I think you need to give them 30-45 days before you send another letter.

If you want to threaten them, simply say "you have violated 15 USC 1692e, ( FDCPA), as well as 15 USC 1681s-2(a)(1)(A), as you know or should know the information you are reporting is inaccurate, wrong, adn disputed. " That is enough to put them on notice that you know what you are talking about.

Don't ask them to send $1000.00. It clouds what you really want, deletion.

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