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ITS Example?


lolah
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I have searched this site for an hour and every time I type in the criteria, it comes up with nothing. :evil: Unless the word "letter" is in it - then EVERY post with "letter" comes up!

Does anyone have an ITS example?

Are you going to follow through with a suit if they don't delete (or whatever you are attempting to get) after the ITS is received? If so, IMO, the best ITS comes with a copy of the first 2 pages of a well written complaint to be filed with the courts. In most cases, an ITS does no good b/c they are threatened all the time by toothless complainants. If you have the complaint ready, all the ITS has to say would be something like:

Dear Scumbag,

This letter serves as a formal notice of my intent to sue you for violations of the FDCPA, FCRA and intentional emotional distress. Please see the attached copy of the first 2 pages of my complaint. If you fail to delete/correct/etc the entires on my CR within 15 days I will have no choice but to follow through with my claim.

Please beware that this is not an empty threat and I fully intent on following through.

Send that to the CA and it's registered agent and see what happens.

:goodluck:

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Are you going to follow through with a suit if they don't delete (or whatever you are attempting to get) after the ITS is received? If so, IMO, the best ITS comes with a copy of the first 2 pages of a well written complaint to be filed with the courts. In most cases, an ITS does no good b/c they are threatened all the time by toothless complainants. If you have the complaint ready, all the ITS has to say would be something like:

Send that to the CA and it's registered agent and see what happens.

:goodluck:

Ok, so how do I write a complaint? Is this what is filed in small claims court? Do I file in my county or theirs? Guess I should make my way down to the legal forum.

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Ok, so how do I write a complaint? Is this what is filed in small claims court? Do I file in my county or theirs? Guess I should make my way down to the legal forum.

Take a look here:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142&highlight=sample+forms

I've altered Dive's to meet my needs. In small claims, you usually don't need anything like this, but in most cases the attorney's will have the cases removed from SC and into General District (at their expense).

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So, I was doing some more reading and I am even more confused. Do I sue in small claims or federal court for FDCPA violations?

The CA is local.

You can sue in any court you want for violations of the FDCPA, however, the lower courts often are not FDCPA savvy so you could lose. Federal court is much more expensive to sue in, $350. How long have you been working on this issue? It seems like you may need a little more time before you're ready for court. There's nothing like going to court unprepared, I know, I've done it. Right before I started this site, I took on a CA in SC. They moved it to General District b/c in my state attorney's are NOT allowed so they had to pay the fee to move it. Then when in GD it got much more complicated. I ended up getting what I wanted but I would have not done that again.

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You can sue in any court you want for violations of the FDCPA, however, the lower courts often are not FDCPA savvy so you could lose. Federal court is much more expensive to sue in, $350. How long have you been working on this issue? It seems like you may need a little more time before you're ready for court. There's nothing like going to court unprepared, I know, I've done it. Right before I started this site, I took on a CA in SC. They moved it to General District b/c in my state attorney's are NOT allowed so they had to pay the fee to move it. Then when in GD it got much more complicated. I ended up getting what I wanted but I would have not done that again.

I just started thinking about it. I want to settle (PFD) with a CA b/c the SOL is 15 years and the account is only a year old. They verified, but also have a violation.

I thought I could use it as leverage.

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I just started thinking about it. I want to settle (PFD) with a CA b/c the SOL is 15 years and the account is only a year old. They verified, but also have a violation.

I thought I could use it as leverage.

WOW, i hate OH SOL laws. One violation? Not much leverage and a fresh account. Have they corrected the violation or are they still in violation? You should try and rack up more on them.

:goodluck:

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WOW, i hate OH SOL laws. One violation? Not much leverage and a fresh account. Have they corrected the violation or are they still in violation? You should try and rack up more on them.

:goodluck:

Okay, but how? I cancelled the account and have the letter I sent but have no proof of the gym ever receiving the letter. They state they never received it. I hand delivered it and didn't think to have them sign anything...

I am thinking my only other option is to send them that info (disputing a second time). If they don't report it again - that's 2 violations. Other than that, I am not sure what else to expect.

Maybe, just let it sit for a while?

I did dispute with the CRA and am waiting for the results... Thanks for all your help.

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Okay, but how? I cancelled the account and have the letter I sent but have no proof of the gym ever receiving the letter. They state they never received it. I hand delivered it and didn't think to have them sign anything...

I am thinking my only other option is to send them that info (disputing a second time). If they don't report it again - that's 2 violations. Other than that, I am not sure what else to expect.

Maybe, just let it sit for a while?

I did dispute with the CRA and am waiting for the results... Thanks for all your help.

Try a complaint to the BBB.

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