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Letters you may use as a guide


InsideTexas
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Since I have been getting a lot of PM's for samples of the letters I sent to CA's and OC's, I figured I'd post them,.

I would NOT copy these word for word. Use them as a guide for your situation and go from there.

These are not in any sort of order, so you'll have to muddle through them and choose which one fits best with what you are trying to do.

Letter to the CRA saying that a letter I received from a CC company proves they can not verify my account (I have a thread about the situation somewhere on here)

"YOUR NAME

YOUR ADDRESS

March 22, 2007

Experian NCAC

P.O. Box 9701

Allen, TX 75013

Dear Experian,

This is a letter from WFNNB/Express telling me that they have no information, or are refusing to provide me information on a current account I have with them.

Furthermore, they have also verified delinquencies that were totally off prior to the letter I sent them. They have now corrected them to “match” however, they did verify them previously when they were wrong. This is an FCRA violation, and I’d like to see whatever proof they are using to verify these delinquencies since they are refusing to provide me that evidence.

I do realize this account is still open, but they can not keep their records straight. They are also violating federal law.

The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally on 03/06/2007. They are not collecting on this account, but they are verifying it illegally. It is quite evident that no such proof of this alleged debt even exist as you can clearly see in the attached documents from the creditor.

As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor. Also the Texas Debt Collection Act Sec.392.202 is quite specific on how Credit Reporting Agencies are to handle the request of debtors.

Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its' entirety as there is no proof of its existence as evidenced by my attached documented letter.

Sincerely,

Inside Texas

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I paid this acct, the CA on there is reporting a different amount. Got the CA off two CRA's, they better get off the last one or I'm going to sue them.

This TL is reporting to EQ and EX but not TU

Dear Verizon,

I was recently pretty pissed off that an account I had with your company was sent to collections even though I had paid the account off after it was closed. I also noticed you decided to report it as a charge off on my credit reports. Not only are you reporting it as still open and unpaid, but the collection agency reporting is specifying a different amount due. You are both reporting this amount it still owed. I have proof that you have taken my money to pay this account and will be glad to furnish it in my court case as I will soon describe.

Since you have subsequently verified this incorrect information twice, you have violated Texas State Law and Federal Law. I have already filled out paperwork to send into the district court to sue your company for poisoning my credit report with this wrong information. I have been denied credit because of it, and have disputed it as wrong on MORE than one occasion, yet you continue to verify it.

I will be retaining a NACA lawyer to file this matter in federal court while I pursue the matter in district court. Should you decide to remove this wrong and negative information, I will not need to seek litigation for this matter.

Here is a list of the laws I am protected, and will be suing, under:

Texas Finance Code Title 5 Ch. 391 §391.002

I will be suing under this statute for furnishing false information to the credit bureaus. You have verified the account to be correct twice, and it is not. It is no longer a past due amount and never was.

Texas Finance Code Ch. 392 Subchapter E §392.402.

The lateness reporting on my credit bureaus was not a bona fide error as I have informed your company about it via disputes and they did nothing. I am suing for $500 for each of the incorrect reports in my credit file.

Federal Credit Reporting Act §623 (B).

This is for incorrect reporting of my account to the major credit bureaus. I am suing for $3,000; $1000 for each violation that you are reporting on Transunion, Experian and Equifax.

In addition, I will be suing Verizon for:

Preliminary and permanent injunctive relief under §392.403 of the Texas Finance Code

Actual damages under §392.403 of the Texas Finance

Code

Punitive damages under the FCRA in the amount of

$whatever

Any attorney and court costs and for any other fees I

have incurred or may incur until the court proceedings

are over

You have FIVE business days upon receipt of this letter to delete the information from all major credit bureaus listed above. Express Mail via one of the major postal carriers will get this information to the appropriate people in time. You can also send me the confirmation number of this parcel so that I may check the status of it online.

Should you fail to do such, I will file my case in <insert county> district court and will be unwilling to settle this matter outside of a courtroom. Though the federal violations will probably negate the state case, I’m still willing to initially pursue the matter in both courts.

You will also need to contact me within five days as well, letting me know you have deleted this information from my credit reports.

Sincerely,

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These are the morons that just deleted after trying to give me an Excel sheet they made up to prove late payments. This is the third letter to them after they wanted to keep telling me they were reporting correct delinquencies. This letter got me a CMRRR letter from MORON 4 who sent me the excel sheet.

YOUR NAME

YOU ADDRESS

March 28, 2007

MORON 1

TITLE

COMPANY

COMPANY ADDRESS

CC:

MORON 2, Chairman

COMPANY NAME

COMPANY ADDRESS

MORON 3

COMPANY NAME

COMPANY ADDRESS

Re: Account# 1234567

MORON 1 et al.:

This is my letter of intent to sue your company for violating not only the Texas Finance Code but the Fair Credit Reporting Act (FCRA) §623 for willful noncompliance under the FCRA §616. I have given you plenty of time to come up for the documents I asked for (see encl: letter Feb. 28, 2007.) The 30 days in which I gave you to provide ample evidence has expired. I am now intent on suing COMPANY NAME under the following statues:

Texas Finance Code Title 5 Ch. 391 §391.002

I will be suing under this statute for furnishing false information to the credit bureaus after I asked for proof of late payments. You have since refused me any statements or receipts showing my payments to COMPANY NAME were ever late. You refused to change my credit report when you could not come up with this information.

Texas Finance Code Ch. 392 Subchapter E §392.402.

The lateness reporting on my credit bureaus was not a bona fide error as I have informed your company about it and they did nothing. I have actually informed them twice now via yourself in two certified letters. I am suing for $500 for each of the incorrect reports in my credit file.

Federal Credit Reporting Act §623 (B).

This is for incorrect reporting of my account to the major credit bureaus. I am suing for $2,000; $1000 for each violation that you are reporting on Experian and Equifax. Transunion has already deleted this tradeline for failure to verify account information. I will file separate lawsuits in state and federal court in order to file under both sets of laws.

In addition, I am suing COMPANY NAME for:

Preliminary and permanent injunctive relief under §392.403 of the Texas Finance Code

Actual damages under §392.403 of the Texas Finance Code

Punitive damages under the FCRA in the amount of $whatever

Any attorney and court costs and for any other fees I have incurred or may incur until the court proceedings are over

You can not provide me with proof I was ever late on my payments to COMPANY NAMEand in addition: your company is reporting different late pays on both Experian and Equifax. Transunion has already deleted this tradeline due to your inability to verify the details of said account.

I have also filed complaints with the Better Business Bureau and with the State of Texas Attorney Generals Office and will be filing with the FTC.

MORON 1, you claim to want to comply with all state and federal credit laws, yet you have brought a lawsuit against COMPANY NAME for failure to provide me with proper paperwork detailing the late payments on my account. The only paperwork I received from you was a copy of the original sales agreement. I never denied this debt was mine nor did I not pay it. It is in fact, paid in full. However, time and time again I had problems with your company losing checks, posting payments on the correct dates and numerous other paperwork misfortunes at the hands of COMPANY NAME employees. Because of this, I want my credit reports corrected and your tradeline updated to ‘Paid as agreed-never late;’ or deleted totally from my reports.

You have 10 (ten) business days to respond to this letter before I begin legal recourse. After the ten days are up, I will not be willing to settle this matter outside of a courtroom. You have my postal address, and may reach me there to settle this matter if you would like it to stay out of a courtroom.

Sincerely,

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Keep is simple and short. No need to be elaborate as dive (et al.) has said on here

Asset Acceptance

PO Box 2036

Warren, MI 48090

April 11, 2007:

Re: Account 1234567

Asset Acceptance:

This letter is being sent to you in response to a derogatory report on my Transunion Equifax and Experian credit reports. I’m demanding validation of this debt under my rights as seen in the FDCPA. If you can not validate this debt, I demand you delete it from all of my credit reports IMMEDIATELY.

You have 30 (thirty) days in which to validate this debt. Once that time has expired and you have not furnished me evidence that this debt is mine, I will be forced to pursue legal action under the FDCPA and FCRA.

Best Regards,

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I'm working on my mothers report as well, this is a goodwill we are sending to CO's and late pays that will fall off next year. One year early is better than nothing! My mother is not trying to get refinanced by the way. She already did and at a decent rate. For those that can not bring themselves to stretch the truth: just tell it like it is: it's hurting your credit, you messed up, you are doing better now, etc. DO NOT SEND THIS CMRRR. JUST A REGULAR STAMP AND ENVELOPE!

April 11, 2007

Company name

Address

Dear WRITE IN COMPANY NAME HERE

Re: INSERT ACCOUNT NUMBER

I am writing this letter in the hope that your company would acknowledge some harsh circumstances I was under during the time I was a customer of INSERT COMPANY NAME. I had a credit card account with INSERT COMPANY NAME and it was charged off in 2001. At the time, I was still in the middle of a bitter divorce, and my husband walked out and left me with a mortgage payment; utilities payment; all other bills and two children to care for. I was a stay-at-home mom at the time, so I had no income.

I tried to keep up, but working at a very low-paying job just to try to keep afloat didn’t afford me much more to put towards credit cards. I also had to try to help pay for part of my daughter’s tuition at the time, and this put an even greater financial strain on me.

I was very happy with INSERT COMPANY NAME HERE, and I realize that this may not be normal policy. I hope that you would take my situation into consideration and while the Fair Credit Reporting Act says accurate and correct information must be reported, nowhere does it say the company HAS to report the information. I also realize that this information will drop off my reports as early as next year however; I am trying to refinance my house to get out from an ARM, and this would really contribute towards getting better conventional financing. I have been through some rough times, but still did pay your company for the debt. I am also a current customer of COMPANY NAME once again and am still very happy with the level of service I am being provided.

I hope that my situation and my determination to pay the indebtness to INSERT COMPANY NAME HERE instead of just letting it go will help in your decision.

Best Regards

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This letter is my 2x4 that got the TL deleted from the major 3 on the furniture account that was reporting wrong and sent me the excel sheet as proof of payments. This is the lady I was 'transferred' to and also the one who deleted the TL off my reports.

NORMAL HEADING AS FROM ABOVE

Ms. Moron 5:

As thankful as I am that you contacted me regarding this account, I’m sorry to say what you provided me as proof of my payments is almost laughable. You also dug the hole for your company even deeper with the excel sheet you made up. It furthers my case against COMPANY NAME as I will soon explain.

If you can not even spell my name correctly, I do not see how you expect any sort of judge to see your side of the story in court and you must have the wrong person if you say I am the person labeled on the top of the page. Nor do I expect the court to even begin to take you seriously since the second line reads exactly: “Contract wriiten September 19, 20045th.” Was that 2004 or 2005? What contract?

Ms. moron, were you aware that COMPANY NAME was reporting due dates that were different on ALL THREE bureaus? Not one was similar to another. YOUR COMPANY VERIFIED THEM AS BEING CORRECT. Now that you have sent me your excel sheet, I have honest proof you are not reporting correctly since what you have in your computer varies WILDLY from what your company was, and is still, reporting to the three major credit bureau’s. AND, since your company has verified the INACCURATE information at LEAST two times with each bureau, if I catch anyone trying to change it or re-inserting any tradeline to make it “match”, I will not be kind enough to ask you to take anything off: I’ll just sue your company for every possible violation I can find on top of punitive damages in the amount of $whatever and any actual damages I incur. I have all the proof I need to prove you HAVE WILLFULLY VIOLATED FEDERAL AND STATE LAWS. I have copies of other letters I have received as well, which violate a Texas statute that mandates you provide me with sufficient evidence of any late payments. I’m telling you what you sent me not only is insufficient (it wasn’t even on company letterhead) it is pitiful, totally wrong and has proven your company to have willfully violated sections of the FCRA and Texas Finance Code.

Now, for the FINAL time I’m no longer asking you, but DEMANDING that you delete the all tradelines from my credit reports. I already have the paperwork filled out to go to district court over the matter and a long laundry list of state violations I will be suing over. I will retain a NACA lawyer to pursue the federal violations.

I will also be forwarding this information to the Federal Trade Commission and the Attorney General for the State of Texas. This is a violation of consumer law and COMPANY NAME has violated more than one state and federal law thus far. I believe that COMPANY NAME needs to be held accountable for these and any other violations they have made against other consumers. As an employee in the credit division of COMPANY NAME I’m going to assume you know the cost to the company of each violation on a credit report; both with federal and state laws. I’m confident that COMPANY NAME would rather not have to pay those fines and furthermore be called out on poor business practices.

I’d rather settle this matter outside a courtroom however, I am prepared to take it as far as federal court should I have to. This is poisoning my credit report, and I have plenty of proof that it is WRONG. Since your company can’t seem to report it accurately I’m demanding that you remove it immediately. You have five days upon receipt to comply with this request. That is plenty of time to fax a letter to the credit bureaus to remove this tradeline. You may call me on my cell phone upon performing the above function: 555-555-555. Your call will be recorded.

Sincerely,

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I had a sams account and tried NUMEROUS times to try to get them to send me a statement after I moved, tried to change my address, etc. and they never did. I totally forgot about it until I pulled my CR. I got mad and sent them a nutcase letter:

<Your Name>

<my address>

<your credit card company name>

<Company address>

<Date>

Re: Acct #XXX-XXX-XXXXXXX

To Whom It May Concern:

I recently pulled my credit report from Experian, Equifax and TransUnion am not a happy camper with your company. I'm so unhappy, I have since stopped shopping there.

At one point in time, I moved and attempted to change my address with your company. I tried to change it online via mycheckfree and it was denied. I also tried to call your company and it wasn't corrected either.

Then you decided to get cute and close my account due to the delinquencies reported. This is clearly not my fault but rather the fault of an incompetent employee Sam's Club hired from a selection of idiots they encountered.

Since the address change was (again) not my fault, I immediately disputed this information with Experian, Equifax and TransUnion and the results of the investigation came back "verified". Not only was I never late on this account, but according to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings. Because I wasn't receiving your statements (I tried really hard to give you money) I wasn't ever notified of this.

Since I have disputed the lates with the credit bureaus, and you obviously "verified" them, I am very interested in knowing how you verified this information. I can verify I tried to change my account address.

SO, please send me some proof that you made the attempt to send me bills at my current address and where I did not pay when I received them. I have enclosed proof that I TRIED to change my address, but my apartment must not exist on any maps Sam's Club uses so they never changed it. If you can no provide me such evidence, please fix my account to reflect this issue, and eithe re-open it or change it to 'closed by consumer request'

Though my current boycott of your store may not make Sam's lose any money, word of mouth may hurt your chance of getting new customers in the future.

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