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OPINIONS PLEASE BEFORE I MAIL OUT


Tracedrownin
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To Whom It Concerns:

The purpose of this letter is to inform your company that you are in violation of the FDCPA. I discovered this today when viewing my credit report online.

This account has been paid since January 2004. That is a full two years now that you have provided false representation as to the legal status and amount of this debt. Your company is aware that the debt was paid because it was reported as such to Equifax and Experian, however, you continued to report this same account to TransUnion as an “Open account, placed for collection”.

TITLE VIII -[Fair Debt Collection Practices Act]§ 807.

False or misleading representations [15 USC 1692e]

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:

(2) The false representation of --

(A) the character, amount, or legal status of any debt

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --

(A) lose any claim or defense to payment of the debt;

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

All references to this account must be deleted and completely removed from all three major credit bureau files and a copy of such deletion request shall be sent to me immediately. Otherwise, I will start a complaint with the Michigan Department of Consumer and Industry Services in addition to filing suit with my local district court to collect damages.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

Best Regards,

Any comments are welcomed- Thanks to all, keep in mind I am a rookie

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ok but has the date of the data last reported to the CRA been after you paid it or have they just not updated the TL with TU since you paid it? There are other ways of dealing with a paid collection like the nutcase letter... but it would have been better to do a PFD prior to paying.

Goodluck

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