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Letter Critque...be nice its a rough draft! lol


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16 replies to this topic

#1 clambert1273

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Posted 03 June 2008 - 03:16 PM

CA#2

Re: Account #xxxxx

Date: June 3, 2008

Sent via USPS certified mail #

To Whom It May Concern:

On June 2, 2008 I received your information and communication. Your communication states that you were forwarded this account from CA#1. This is impossible considering that I have a credit reported dated 4/08 that clearly shows your agency and CA#1 both reporting which constitutes collection activities. On that same report, it shows your agency with a date open of 5/06 and CA #1 shows a date open of 4/06. This completely disregards your claim that they “forwarded” this account to you. As I am sure you are aware, two (2) collection agencies can not be actively collecting on the same account.

In addition to the problem stated above I have disputed this account numerous times with your agency. As a data furnisher to the credit reporting bureau’s you are required to have marked this in dispute on my reports and have failed to do so in accordance with FCRA.

As a California resident, you also violated California Civil Code 1785.26 which requires a thirty (30) day notice upon a negative entry to my credit reports which was not given by you, CA #1 or the original creditor.

You have also been reporting this account to the major credit bureau’s as Past Due, 1 month terms, an open account and for a balance that is more than what is owed which are clear violations of the FDCPA.

I am now demanding that this erroneous reporting be removed from all of the credit reporting agencies. If this is not removed from my reports within fifteen (15) days from the receipt of this letter, I will file complaints with the Better Business Bureau and Attorney General’s office.

As stated in my first letter, it is inconvenient for me to accept phone calls and all communication about this matter should be done through the US mail.

Sincerely,
Me




I really feel like I am missing something.... I wasn't sure whether to quote the FCRA and FDCPA or just leave it as those were violations... but even still I feel like I am missing something....



#2 dumb_credit_user

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Posted 03 June 2008 - 03:19 PM

CA#2

Re: Account #xxxxx

Date: June 3, 2008

Sent via USPS certified mail #

To Whom It May Concern:

On June 2, 2008 I received your information and communication. Your communication states that you were forwarded this account from CA#1. This is impossible considering that I have a credit reported dated 4/08 that clearly shows your agency and CA#1 both reporting which constitutes collection activities. On that same report, it shows your agency with a date open of 5/06 and CA #1 shows a date open of 4/06. This completely disregards your claim that they “forwarded” this account to you. As I am sure you are aware, two (2) collection agencies can not be actively collecting on the same account.

In addition to the problem stated above I have disputed this account numerous times with your agency. As a data furnisher to the credit reporting bureau’s you are required to have marked this in dispute on my reports and have failed to do so in accordance with FCRA.

As a California resident, you also violated California Civil Code 1785.26 which requires a thirty (30) day notice upon a negative entry to my credit reports which was not given by you, CA #1 or the original creditor.

You have also been reporting this account to the major credit bureau’s as Past Due, 1 month terms, an open account and for a balance that is more than what is owed which are clear violations of the FDCPA.

I am now demanding that this erroneous reporting be removed from all of the credit reporting agencies. If this is not removed from my reports within fifteen (15) days from the receipt of this letter, I will file complaints with the Better Business Bureau and Attorney General’s office.

As stated in my first letter, it is inconvenient for me to accept phone calls and all communication about this matter should be done through the US mail.

Sincerely,
Me




I really feel like I am missing something.... I wasn't sure whether to quote the FCRA and FDCPA or just leave it as those were violations... but even still I feel like I am missing something....


Not bad, but you've got some words as possessives when they don't have to be.

#3 clambert1273

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Posted 03 June 2008 - 03:20 PM

LOL i am so not an english person...

Please tell me where and I will correct them lol

#4 Jen23514

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Posted 03 June 2008 - 03:28 PM

I think the CA code offers more protection ..... HKK should be around shortly

#5 clambert1273

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Posted 03 June 2008 - 03:32 PM

some of it does yes but by what I found on the Attorney General's site here in Cali was basically they just "reiterated" it... maybe I am wrong (god I hope so) but I am sure they will come back with something like "you were in another state when you occured this debt" type of thing... which I was but when they started actively collecting on it (April, May respectively) I was in California.

#6 clambert1273

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Posted 03 June 2008 - 04:17 PM

I knew I was missing something... after my initial DV's.. CA#1 never stated that they transferred this to CA#2 and CA#2 never stated that was forwarded from CA#1 until this 3rd communication from them...

*note to mental self - add that to the first paragraph* lol

ETA: thanks to Jen - mental note - readd the dispute in its entirity

Edited by clambert1273, 03 June 2008 - 04:28 PM.


#7 Jen23514

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Posted 03 June 2008 - 04:26 PM

I would restate that you dispute this debt in its entirety.

#8 clambert1273

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Posted 03 June 2008 - 04:50 PM

Ok Jen....

I think I understand what you were saying now ...

California has its own Fair Debt Collection Practices Act Civil Code Sections 1788 - 1788.33 which is part of the Cali Civil Code... it pretty much is word for word for the FDCPA but I think what you are trying to tell me is to use these codes as this keeps it in California in case I need to file a suit correct?

Imma big girl now ;)

#9 Jen23514

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Posted 03 June 2008 - 04:53 PM

yes. your lightbulb is burning bright!

if you need to complain to the AG, your letter will have more teeth if it's regarding STATE laws, since that is what the AG is there to protect.

if you need to file in small claims court, then you will want to fight state laws.

good job young grasshopper!

#10 clambert1273

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Posted 03 June 2008 - 04:55 PM

roflmao hey its been a long day...

Ok will rewrite tonight ...then post back up... should I get nastier or leave the tone as is? LOL I am tired of this one...its now letter 4 (centex was right... way pointless) and I am ready to be done ... lol

#11 Jen23514

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Posted 03 June 2008 - 04:56 PM

go for the kill shot.

#12 clambert1273

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Posted 03 June 2008 - 09:21 PM

alright - did me some homework on Cali Codes... here is what I got now

CA #2

Re: Account # xxxxxx

Date: June 3, 2008

Sent via USPS certified mail #

To Whom It May Concern:

On June 2, 2008 I received your information and communication. I am concerned about the information you presented being “forwarded” from CA#1. You have had this account since 05/06 and have been reporting it to the three credit reporting agencies (according to my reports) while at the same time CA#1 had this account since 04/06 (also reporting). The communication I received from CA#1 did not indicate a transfer to your office nor did any communication that I have received from you indicate a transfer from CA#1. As I am sure you are aware, collection by two companies for the same debt is illegal.

In addition to the problem stated above you have violated several sections of the California Civil Code with your actions:

• 1785.26 which requires a thirty (30) day notice upon a negative entry to my credit reports. You did not provide this notice either before entry or after reporting.
• 1785.25. (a) which states that you shall not report information that you know is inaccurate and you have been aware that it has been since I have disputed this debt with you three previous times.
• 1785.25. © which states that you are to put a notation this is in dispute which you have failed to do on my reports.

I am now demanding that this erroneous reporting be removed from all of the credit reporting agencies. If this is not removed from my reports within fifteen (15) days from the receipt of this letter, I will file complaints with the Better Business Bureau and Attorney General’s office.

As stated in my first letter, I dispute this debt in its entirity and it is inconvenient for me to accept phone calls. All communication about this matter should be done through the US mail.

Sincerely,


Please feel free to give suggestions and comments... I am ready to fire all bullets! BTW the remedy in Cali is up to $5000 PER violation...

#13 HereKittyKitty

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Posted 03 June 2008 - 09:28 PM

Hey, here I am. (sorry, this wedding planning has taken over my LIFE)

Jen's right -- stick to the state code. Much more power there!

#14 clambert1273

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Posted 03 June 2008 - 09:33 PM

i am.. just don't know if I am invoking it correctly or if I am missing something somewhere lol

#15 HereKittyKitty

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Posted 03 June 2008 - 10:04 PM

If this is not removed from my reports within fifteen (15) days from the receipt of this letter, I will file complaints with the Better Business Bureau and Attorney General’s office, and forward all related documentation to my attorney for possible legal action.

Bolded part is my addition.

The rest is good -- the grammar isn't perfect (:lol:) but sometimes that's actually good. It shows you're a real person.

#16 clambert1273

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Posted 03 June 2008 - 10:11 PM

I suck at grammar so please feel free to correct that part LOL I never claim to be an english major.... must be the math major talking :lol:

#17 BoomsACowgirl

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Posted 08 June 2008 - 04:25 PM

So what's our final draft look like?




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