c m chase Posted February 1, 2005 Report Share Posted February 1, 2005 *edit* Link to comment Share on other sites More sharing options...
Leadhead Posted February 1, 2005 Report Share Posted February 1, 2005 First, I doubt Midland will give a damn about threatening to sue. They seem to be an action type of company.But, here's what I've sent in the past (and I send it to their registered agent):Dear XXXX,I am contacting you through your registered agent due to impending legal action.I have corresponded with you in letters dated xx/xx/xxxx, xx/xx/xxxx, trying to resolve an issue, specifically an unauthorized inquiry from XXXX, listed on my Equifax credit report and dated October 2, 2003 (see enclosed draft Complaint and attached exhibits). However, my communication seems to have fallen on deaf ears.This is my last effort to try and resolve this before filing a lawsuit.Therefore, should you choose to ignore my demand to remove the inquiry and for proper remuneration in the amount of $1,000, per the FCRA for obtaining my credit report without a permissible purpose, I will assume that XXXX wishes to engage in litigation and I will proceed accordingly in filing the enclosed lawsuit in US District Court for the Northern District of Georgia. You have until xx/xx/xxxx to comply. You may contact me at either the above address or, via fax, at xxx-xxx-xxxx. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted February 1, 2005 Report Share Posted February 1, 2005 You can also use the service by mail provisions of the FRCP. You send the complaint and the defendants have so much time to voluntarily accept service. It is one way to get their attention. Link to comment Share on other sites More sharing options...
Leadhead Posted February 1, 2005 Report Share Posted February 1, 2005 You can also use the service by mail provisions of the FRCP. You send the complaint and the defendants have so much time to voluntarily accept service. It is one way to get their attention.Aer you referring to the Waiver of Service, as in FRCP 4©? Link to comment Share on other sites More sharing options...
c m chase Posted February 1, 2005 Author Report Share Posted February 1, 2005 *edit* Link to comment Share on other sites More sharing options...
c m chase Posted February 2, 2005 Author Report Share Posted February 2, 2005 *edit* Link to comment Share on other sites More sharing options...
c m chase Posted February 3, 2005 Author Report Share Posted February 3, 2005 Link to comment Share on other sites More sharing options...
anti-something Posted February 3, 2005 Report Share Posted February 3, 2005 well, start high, so you give them some wiggle room.encore/midland $20,000law office $20,000 Link to comment Share on other sites More sharing options...
nomocash Posted February 9, 2005 Report Share Posted February 9, 2005 Hmm multiply it out and double it. (not experieced here)20 violations? $41,423.60Put an odd number. Your dealing with humans here. $22,127.72 Link to comment Share on other sites More sharing options...
nomocash Posted February 9, 2005 Report Share Posted February 9, 2005 Encore has done the same to me. They also called me at work after I asked them to stop. (no proof I guess. I took notes)I would love to see your process, as I need to do it now. CM, you will have to settle for enternally grateful, because I thought about it and my wife does not share well. Link to comment Share on other sites More sharing options...
c m chase Posted February 9, 2005 Author Report Share Posted February 9, 2005 CM, you will have to settle for enternally grateful, because I thought about it and my wife does not share well. Thanks for the numbers, guys. I haven't sent them any offer yet. I'm still kind of hanging on the other suit I have with 'em. Heh.Nomocash....should I be scared of you? Link to comment Share on other sites More sharing options...
divemedic Posted February 9, 2005 Report Share Posted February 9, 2005 Forgive me for being dense, but I thought that statutory damages were per ACTION, not per offense. Please, if I am wrong, can you cite authority? CAse law? Thanks! Link to comment Share on other sites More sharing options...
c m chase Posted February 9, 2005 Author Report Share Posted February 9, 2005 No, you're correct. BUT....you can't get what you don't ask for. Besides, with mine I'd have punitive and state damages as well if it went to court and I was awarded it. It adds up quickly. Link to comment Share on other sites More sharing options...
blrogs Posted February 9, 2005 Report Share Posted February 9, 2005 Wish you the best of luck! Take em out! and make them suffer! Link to comment Share on other sites More sharing options...
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