I had a similar situation a few years back. This is my last letter to the attorney of the CA before I got a full deletion:
*** VIA United States Postal Service Certified Mail XXXX XXXX XXXX XXXX XXXX ***
Dear Big Scary Lawyer,
On XXXXXX XX, 2005 your office signed for a Certified letter, which outlined my problem with Dumass Collections innaccurate reporting on my credit reports. I have the return recipt signed for by XXXXXXXX XXXXXX (Spelling?). My last letter was sent Certified and signed for by XXXXXXXX XXXXXXX as well. Both of these letters were sent addressed to you directly. Mr. Smith was sent a copy as a courtesy. You are the registered agent for Dumass Collections. and ultimately the person who will be served on behalf of Dumass. To claim that your client has forwarded you a copy of a letter, which your office has signed for, as a basis to say you are just being made aware of the issue is incorrect. I do not appreciate the handling of this matter by your office.
Secondly your claim that I am trying to extort money from your client or acting in bad faith is false, misleading and inaccurate. I have enclosed physical evidence of how your client is falsely reporting this trade line on my Experian Credit File. Please note the report date. I have similar reports and original credit files for June, July and August of this year. Pay careful attention to the FACT that the account type is listed as Installment, Credit limit set at $125.00 and the Terms set at one month. Your continued excuses for Dumass Collections not accurate. This is prima facia evidence of incorrect reporting. Unfortunately any way you would like to explain away the faults of your client will not help. FICO scoring models are based off of several important factors. One of the heaviest factors has to do with installments accounts, credit limits and balances. Unfortunatley your client has been reporting this inacurate information long enough to cause me trouble with financing for an automobile. Prescinding any issues with FICO scoring, the reporting is wrong, inaccurate, false and misleading. This reporting misrepresents the debtâ€™s character and legal status.
Also please note I have a copy of the 200 page manual published by CDIA as to the proceedures reporting and verification of trade lines with the CRAs. I also sent you a copy of the form used to verify and report information in my last letter. Your claims and those of Mr. Smith as to how Dumass Collections reports and verifies information directly contracts the standards outlined by CDIA.
The issues of fact support my complaint.
This information has been disputed. Your client has verified the incorrect information several times and you have vouched for this in your last letter.
Your client is past statutory time limits to correct such inaccuracies without incurring violations of consumer credit and debt collection laws.
You misunderstand and misapplied case law in your last letter. First I am not claiming unfair competition. I know this is an area of law that is a specialty of your firm, but to try and shoehorn me into a position I have not taken was strange.
Last, you must have either missed or ignored the 9th circuit court of appeals decision which supports my right to a private cause of action. Additionaly the California Department of Consumer Affairs specifically states
â€œBoth (meaning State and Federal)of the fair debt collections practices statutes create a private right of action for violations. Both statutes give a debtor power to file a court actions to recover a penalty and any resulting damamges from a collector that violates the statute.â€
I noticed in my last letter for settlement, I unintentionally did not include the FDCPA violations as well. I will ammend my complaint to reflect and include both FCRA and FDCPA violations.
Please note Dumassâ€™s company statement:
We employ a formal motto within our company - emphasized continually with our staff - which says it all: "It's either completely right, or it's completely wrong!" This means simply that we operate in a professional manner, maintain lawful compliance at all times, and that we do not 'push the envelope' or operate in 'gray areas' where laws and regulations are concerned. This simple philosophy allows our clients to rest easy, confident that their accounts are being handled in an above-board manner and that they will not encounter legal or public relations difficulties at some future date because of their collections agent.
Since you are so quick to wrongly accuse me of acting in bad faith I will offer you the opportunity to suggest how Dumass Collections would like to settle this matter. This matter has gone much further that is has needed to. You have the information you need to see that your client is not the without error, it is time to put this to rest.
Facsimile XXX XXX XXXX