Goodwill letter

[RudyG]

This is the first, the nutcase letter:

This letter is a formal complaint that you are reporting information that is in violation of my rights under the Federal Trade Commission (FTC) Fair Credit Billing ACT (FCBA).

I am distressed that you have included the below information in my credit profile and have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy. Every step must be taken to assure the information reported is completely accurate, correct and in compliance with the FTC's Fair Credit Billing Act.

The following information therefore needs to be removed from my credit profile. In August 21 I contact XXXXXX regarding a balance on my account with the company. I was informed that the balance was for a cable modem that their records showed was not returned. I informed XXXXX that I did indeed return the cable modem. I was informed that they would do a search to locate the modem. XXXXX did not inform me neither in writing nor via the telephone that the modem was not found. Instead XXXXXX together with COLLECTON AGENCy chose to initiate collection activities during the time XXXXX was "trying to locate the modem." Each call I made to XXXXXXXX during the month of August I was told that they were still searching. I was unaware that XXXXXXX was not trying to locate the modem since they had initiated collection activities with COLLECTION AGENCY .

I immediately contacted the FTC regarding XXXXXX wanton disregard for my rights as a consumer and clear violation of the FCBA which states that:

"The creditor may not threaten your credit rating or report you as delinquent while your bill is in dispute. If the creditor's investigation determines the bill is correct, you must be told promptly and in writing how much you owe and why. The penalty also applies if a creditor threatens to report - or improperly reports - your failure to pay to anyone during the dispute period.

XXXXX Account # XXXXX

The listed item is completely in violation of my rights under the FCBA. I have contacted XXXXXX who have since informed me that COLLECTION AGENCY was the one to report the account to Equifax during this investigational/dispute period.

If you do not cease reporting this incorrect information, I will be forced to take further action. Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and my rights as a consumer have caused harm to me by seriously affecting credit rating, causing denial of credit, as well as causing me to be charged higher interest rates and unfavorable loan terms.

Note that the FTC has maintained that incorrect credit reporting is the legal equivalent of prohibited collection activity

As per the FCRA:

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure;

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

As a brief summary I state the following:

You have been notified that your actions are detrimental to me and that your company has violated (including but not limited to) the Consumer Credit Protection Act, Fair Credit Billing Act, and the Fair Credit Reporting Act.

Your company should know that this continued reporting of inaccurate information is damaging to me. You have communicated and are continuing to communicate incorrect and defamatory information to Equifax.

As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law.

Please understand that I am extremely concerned regarding the harmful resultant consequences of the actions your company has taken. Please be advised that, if this matter is not resolved expeditiously, I will take any and all necessary steps to protect my rights.

If you wish to resolve this matter, this will be your last opportunity to do so. The following item must be deleted from my credit files with Equifax within 5 days from the tracked and verifiable receipt of this letter. Forward a letter to me via regular U.S. mail stating it has been removed and will not reappear on my credit reports again. I will accept nothing less.

Please be aware if these accounts are not deleted within 5 days of receipt, I will file a formal complaint, that includes COLLECTION AGENCY , with the Federal Trade Commission, my state's Banking and Finance Bureau, and the Better Business Bureau. Also, note that section 1681s-2( of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan).

This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. Also be advised that a copy of this letter has been sent Certified Mail return Receipt to both your office and the FTC.

Thank you and I look forward to your resolving this most expeditiously.

Sincerely,

NUTCASE

Name

ADDRESS

Am I correct to send this form to the big 3 ?

Any success with this letter ?