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Lorian
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Another one bites the dust! Sharing my last letter to Fashion Bug/Spirit of America Bank that received a response of "We have deleted all reprting in your name of this account to the credit report bureaus." :D

I had sent three letters of increasing intensity; this was my last:

Spirit of America National Bank

Attn: Jeanne Sills

1103 Allen Drive

Milford, OH 45150

Re: Acct # xxxxxxxxxxx

Amount: $xxxxx

Ms. Sills:

Enclosed are my previous letters to Fashion Bug’s Milford, Ohio office, and their response. My letter of 2/22/05 was signed for and received at their office on 2/25/05.

Despite Fashion Bug’s 12/16/04 response claiming they could not locate this account when provided with the account number and all info as listed on my credit report, this same account is now newly listed solely under the SOAB name on my 2/28/05 TransUnion report – under the same account number, and providing your contact information. It did not appear on any previous TransUnion reports, so you must have listed this with TransUnion following my November 2004 validation request, and possibly even after receipt of my 2/22/05 certified mail.

In summary: on November 15, 2004, I requested validation of this debt from your company. They responded that they could not locate any such account. On 2/22/05, more than 90 days later, I again requested validation or removal of this account from my credit reports and Fashion Bug files. I am in the midst of an Identity Theft investigation, and per the Fact Act of 2004, your company was required to provide me copies of the original consumer agreement and any related payment/account history paperwork. I have received no cooperation, and in fact your company again ‘verified’ this unverifiable debt to Experian in January, and also reported it to TransUnion after being notified that it was not mine. Per FCRA regulations, if your company had not provided validation within 30 days, you were required to delete this account from all credit reporting agencies that you reported it to, in addition to deleting it from your files. Your company has taken none of these steps. This is NOT my account!

Since your company seems utterly uninterested in investigating a fraudulant account placed in my name, I apparently will have to pursue legal relief. You & your company are now in serious violation of several FCRA regulations since you perform collection activity, including, but not limited to:

1. Continued collection activity

2. Willful reporting of unverified or false information to credit reporting bureaus

3. Possible malicious damage to a consumer credit file

4. Failure to provide validation within 30 days of consumer request, or to request additional time for the investigation

5. Failure to notify credit reporting bureaus that a debt was disputed

6. Failure to remove reports after failure to provide validation

7. Violation of several FACTA regulations

You/your company are also in violation of similar State of Texas Business & Commerce Consumer Protection Codes, and is not licensed nor does it have the required $10,000.00 bond required to conduct collection activities in the State of Texas. As I am sure you are aware, each federal and state violation carries it’s own fine, attorneys fee’s, and possible further compensatory and/or punitive damages.

I have in good faith allowed almost four months for your company to resolve this matter; in the meantime you have continued to damage my credit report with account information that is NOT MINE. Be advised that should I not hear from your company within five days of receipt of this letter, that you have deleted all reference to this account as requested, I will file suit in El Paso, Texas as allowed by the FCRA & the State of Texas, and seek all legal remedies. I will be happy to file discovery requests so that you will produce the desired documents, and meet you here in court to resolve this. Since the date of this account matches all the other dates of theft activities on my credit reports, I am certain that this account was initiated in the state of NH. I was not a resident of the state of NH at the time of this activity, nor have I been since. I am also quite prepared to request that the Court demand a professional handwriting analysis on any signature you have of the person who opened the account.

This letter may be considered Notification of Intent To Sue.

While I could theoretically sit back and let this account expire off my reports this coming December, I am extremely troubled that a person can get no cooperation from a company despite asking for assistance within the context of a crime; and subsequently that company is in willful defiance of Federal/State regulations designed for the express purpose of assisting someone in my position. Be assured that I will most aggressively pursue my consumer rights, to the fullest legal extent possible.

My Name

cc: Lawyers Name, Esq.

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