Jump to content

Help with a letter!


FDCPA-Ryan
 Share

Recommended Posts

I found this:

Dear Attorney:

This letter is formal demand for $1,000.00 Statutory Damages pursuant to FDCPA Section 813(a)(2) for violation of Fair Debt Collection Practices Act Section 807 generally. Here are the facts:

1. I am in receipt of your letter dated ______ a copy of which is attached. In it you state:

Quote

Notice is hereby given that our firm has been retained by Creditor to persue collection of your delinquent account. The records of Creditor indicate that balance on your account is 11,xxxx.xx and you are past due in the amount of 336.91. Pewrsuant to your loan agreement, Creditor has eleceted to ACCELERATE the balance due on your account and demand is hearby made for the full balance of your loan.

Without admitting the legitimacy of the alleged debt, that is a standard provision in loan documents so I admit the Plaintiff's right to do so. The effect of which, as you state in the bolded part, is to render the entire balance due and payable.

The very next sentence is a misleading statement prohibited by FDCPA Section 807:

Quote

We have been instructed to take leal action unless you immediately bring your balance current. Unless you notify the Branch Manager at Creditor within ten (10) days of the date of this letter that you will pay the amount past due owed to Creditor in the sum of 336.91 or that you intend to make satisfactory arrangements to pay the full amount owed, we will have no alternative but to use all available remedies to collect this just debt.

Now you are saying that only $336.91 is due and payable, not the $11,xxx.xx that you claim is due and payable under the preceeding paragraph. No matter which one you mean, the statements are clearly contradictory and therefore misleading and are a clear violation of FDCPA Section 807.

I am giving you thirty days from the date of this letter to pay he Statutory Damages. Failure to do so shall bring immediate suit under FDCPA. Since this is obvioulsy a form letter I reserve the right to file as a Class Action on behalf of all consumers you have sent this letter to over the past year. Expect the Discovery phase of this matter to be very time consuming.

Sincerely,

Your Friend

Link to comment
Share on other sites

My personal feeling is that an experienced consumer attorney who works on contingency is the way to handle these type of issues, plus they have experience that might help with negotiating on the debt at the same time.

A number of folks do it all themselves, it depends on what you want to do and how much time you want to put in to it.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.