SecretAgentWoman

Nutcase letters are FUN to write!

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Would anyone but me send this? I want them to know that they not only have a violation but that the debt they purchased is worthless paper.

Background: I Think this is from an Aspire Visa card. Had several CC's and all went default when I became ill. Current collector is legal department of Portfolio Recovery.

1st letter wasn't from their legal dept but was from Portfolio and I DV'd. Got some info but not validation. Sent second DV. Got letter to settle for 80% from legal dept dated 2 days after second CMRRR was signed for. Amount $3419.

Info from an older CR says:

last pay: 10/2003. closed 5/2004 and sold. Assuming it was Midland that bought it at that time. Portfolio claims purchase date is 9/2005. CR fall off date of 9/2010. SOL for PA is 4 years. So is this debt SOL? been reaged?

Enclosed please find a copy of your recent letter from your legal department offering a settlement of 80% of the alleged debt of 3419.00. Amount you are offering to settle for is in the neighborhood of 3399.00.

I got the enclosed letter from your legal department dated a few days AFTER I asked for your records a SECOND time (and you signed a second CMRRR) because the documentation you sent the first time did not show me anything other than your company purchased a debt-- which is not VALIDATION of the alleged debt.

Then you send it to your legal department because I asked you for some real documentation to prove I owe it?

I think what you have done is called overshadowing and is a violation.

I am once again going to give you the chance to support your claim with documentation that is not just your say so because you bought a bunch of charged off debts and had someone look up a line item with my name on it and signed that I owe this debt.

If you can't PROVE with proper documentation, I expect you to delete any reporting from the CRA (Credit Reporting Agencies--note agencies is PLURAL).

Oh and if you did not already know this the legal staff should be made aware:

I do NOT own a house or a car; no stocks, bonds, savings, life insurance or anything else that is of any value to anyone but me. Want my 20 year old sofa? My 15 year old tv?

I ONLY GET SUPPLIMENTAL SECURITY INCOME as my extremly modest income since I became ill...(no hope for health improvement EVER) I am sure you already know or should know SSI is a NEEDS-BASED government program and I also get FOOD STAMPS. By the way it barely pays poverty level living expenses which keep going up and up. Want some cereal for dinner? I have it a couple times a week.

EVEN IF YOU CAN PROVE I OWE IT, I really really can not understand why such intelligent collection agents and lawyers would continue to pursue this account because you are only throwing your money away (See above paragraph explaining SSI and poverty level living) because I have no wages to garnish (not allowed in my state anyway), no assets to seize and no hope of ever being anything except insolvent as I am now. And no, I don't think waiting for me to win the lottery is what you want to do because I don't even have the dollar to play it! The high dollar amount you are claiming is worthless. Even if you tried for a judgement it would remain unpaid until the day I die. It doesnt make sense throw good money after bad money.

Oh wait, I do know what you want. You want to rack up more FDCP violations so that I can possibly sue you in the future and collect. Well, I certainly can use the money--the elastic on my panties is so stretched out from being so old that I use safety pins to keep them from falling down and I really wish I could afford to buy new ones. You just might make that possible.

You better run this by your senior lawyers. If they really are smart they will know that their money would be better spent trying to collect debts that might have some chance of success even if they are for smaller amounts. Or...you can continue and rack up even more violations and I might be able to get some socks in the future from you too.

Please send any and all correspondence by mail please.

Too much info? think this will bring a lawsuit? My oh my these creditors are really stressing me out. I really really do have health problems and all this (and others) are affecting my already poor health! I'm in my 60's.

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SAW- Well, you finally did it. You surpassed the Madin! I'm so proud of you. :p

I've been on the lamb by the advise of my atty but wanted to let everyone know that I'm not dead. Madin out.

How 'bout dem Jets fans? Ooops. Sorry. You said NOT about.

Da Bears. Who de? HA!

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I am putting a letter for some CAs from a spate of companies trying to work MDW old accounts. Please let me know what you think,

Thank you,

Gregg

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

To whom it may concern:

I am writing in response to information listed on the main credit reporting agencies (CRA) in reference to the above account. I wish to inform you that reporting incorrect information about me is an offense that I can sue you for under the FCRA (I am sure you are well aware of this fact but blatantly disregard it). I believe the original creditor you are working this for was an account that last activity was more than 7 years ago. So not only is the statute of limitations passed, so is the legal time to report information about me to the CRAs (again to refresh your memory that is 7 years!). Please respond back as soon as possible as I have already received back information from the CRAs notating that your company has “verified” this information as of September 2007 (I do have documentation to back this up).

Again just to refresh you on what you should already know:

► This is the FCRA statute I that covers the inaccurate reporting:

§ 623. Responsibilities of furnishers of information to consumer reporting agencies

[15 U.S.C. § 1681s-2]

(a) Duty of Furnishers of Information to Provide Accurate Information

(1) Prohibition

(A) Reporting information with actual knowledge of errors. A person shall not

furnish any information relating to a consumer to any consumer reporting

agency if the person knows or has reasonable cause to believe that the

information is inaccurate.

(5) Duty to Provide Notice of Delinquency of Accounts

(A) In general. A person who furnishes information to a consumer reporting

agency regarding a delinquent account being placed for collection, charged

to profit or loss, or subjected to any similar action shall, not later than 90

days after furnishing the information, notify the agency of the date of

delinquency on the account, which shall be the month and year of the

commencement of the delinquency on the account that immediately

preceded the action.

I know you have a smart organization that is probably overwhelmed at counting all the money you collect daily and normally deal with frightened individuals that think you are all powerful. Don’t let my demeanor fool you, I am not a sheep, I am more like a Tasmanian devil.

Here are 2 options for you to ponder:

1. Your company apologizes for any misdeeds, contacts all CRAs and deletes any and all information from my account. Result: I will go quietly into the night and never be heard from again. (Best choice)

2. Your company ignores me, or worse, decides to take further action. Result: I am not sure, but I believe I have the right to do any of the following and may invoke my right to any and all of them, including, but not limited to:

► Contacting my Attorney General’s office and The Better Business Bureau to file a complaint

► Start legal action, invoking my right to sue for every instance of woeful misconduct (small claims court @ $1000 per incident of incorrect information; that racks up quickly 3CRAs * incorrect dates and amounts = $6000)

► Following my CRAs for a dispute notice to be filed within 5 days of your receipt of this letter which was signed for (good old post office keeping track of you for me!). Again making me see $ signs if you don’t follow through on another tidbit you should know (I’ll let you look that one up yourself)

► Having you contact all inquiry accounts that have accessed my information and update them with correct information

► Contacting the original creditor and naming them in a suit due to your negligence in handling the information they gave you ( they probably won’t be too happy to lose more money than they already have)

► Contacting a lawyer to find more instances of where I have been wronged and push for further damages (I hear they like doing this on a % of recovery basis)

A few parting notes. Only contact me by mail to the address listed at the bottom of this letter. Expediency is the key, the sooner you comply the better for you (check up on the 30 day rule). This is an attempt to correct your records.

Thank you in advance for your apology,

MDW

Here, FL

P.S. Oh yeah, if you have information to dispute this please forward it to me for review.

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ive just recently found this page and started the DV process. having good luck with TU and the others im still waiting. i have a midland and im told they are the devil. thanks to this thread and our GODDESS SAW, i have some ammo for taking the devil off my reports. and everyone else also...but she started it!!!

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LMAO

You guys keep coming with the ideas, I just may use them...

I called several today. Boy, some were nasty. Some were real nice. One got her manager on the phone and he threatened to sue. I said sure, go ahead. It's even in the SOL for 4 more months. But it's only for $244 and by Texas law, they can't use small claims they have to go to the big courts. It would cost more for them to sue me then they would collect. Haha.

If you like to play around with puters, and have an extra laying around with a voice modem you can do all that stuff that the debt collectors use. Autodial, answer the phone, direct to other voice mail boxes, play recorded messages with that 'recording' sound. Lots of software out there to pick from to play their game, and annoy them for a change and waste their time. I won't plug any software but a good program can be had for $50 and less. The more annoying tools you want the more it will cost but then the more pleasure you get out of it.

I use the one computer with the voice modem, to act as a answer machine, set up to have other choices for the caller. The software even detects if it is a computer generated call and handles it based on how I have that particular recording set up.

In setting up the software to answer the phone, you can put in *69 in the setup so that your phone number does not show up at the other end. (You don't want the zombies to block you, right?)

As a dialer you can do wonders, and tie up the debt collector or freaky little attorneys they use. You can come up with all kinds of wav files (sound) free all over the Internet. A good one is the sound a fax machine makes, the older machines. It will confuse the caller so they think they have dialed up a fax line and they then give up on it if your lucky, but that takes the phun out of it.

Have the caller ID show up on your monitor and answer only the calls you want to go through. You can use the software in the back ground and still come up with those funny letters.

Havinphun:lol:

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