OK I've got Arrow in my sights now !!!!

[Thaiphoon]

Ok - I think I'm finally ready to tackle Arrow once and for all. Veterans please chime in with things you see missing here.

 

Background:

 

1.) Capital Management dunned me for a debt they claim I owe and I promptly DV'ed them. Capital Management then sends me a letter telling me that it has been transferred to Resurgent.

2.) Arrow, out of the blue, put this same account for collection on TU and EX without dunning me.

3.) I then sent them a DV#1 (no response)

4.) I followed up that letter (as soon as I knew arrow received the DV) with the 2 punch of the 1-2 punch with a dispute to 2 CRA's

5.) Arrow verified it

6.) Arrow also did not send me a letter within 5 days of initial communication

7.) I then sent out DV#2 and did the 1-2 punch again

8.) Arrow verified it again !!

9.) This time not only did they verify it they inserted it into my EQ report as an "Open" account and listing themselves as a "Factoring Company".

10.) Now the OC has it listed on EQ andEX as the account being sold or transferred. On TU it lists it as "payment after charge off/collection".

 

Here is how it is currently listed on all of my CR's

 

TransUnion

 

Arrow Financial

 

Balance: $902

Date Updated: 06/2006

Original Amount: $561

Past Due: $902

Account Type: Open

Responsibility: Individual

Pay Status: Collection Account

Original Creditor: AFS Assignee of OC

Loan Type: Collection Agency/Attorney

Remarks: Acct Info Disputed by Consumer

Date placed for collection: 07/2005

Estimated date that this item will be removed: 11/2009

 

 

Experian

 

Arrow Financial

 

Recent Balance: $911 as of 12/2002

Original Credit Limit: $561

Date Opened: 07/2005

Reported Since: 12/2002

Date of Status: 12/2002

Last Reported: 12/2002

Type: Collection

Terms: 1 months

Monthly Payment: N/A

Responsibility: Individual

Original Creditor: Assignee of OC

Status: Collection account $911 past due as of 12/2002

Acct History: Collection as of 12/2002

Comment: Account information disputed by consumer (meets requirement of FCRA)

This item was verified and updated on Jun 2006.

 

 

Equifax (listed in the open accounts section with the rest of my current TL's)

 

Arrow Financial

 

Balance amount: $892

High Credit: $561

Amount Past Due: $892

Date of Last Activity: 12/2002

Items as of Date Reported: 05/2006

Current Status: Collection account

Type of Account: Open

Type of Loan: Factoring Company Account

Whose Account: Individual Account

Additional Information: Consumer disputes this account information; Collection Account

 

Ok so from what I can see I've got them on these FDCPA violations;

 

First the "Factoring Company" violations;

 

§ 1692e(2)(A) by falsely characterizing the account as a "factoring company" account

§ 1692e(2)(A) by falsely reporting the legal status of the account as not in default

§ 1692e(8 ) by communicating credit information which is known or should be known to be false by reporting the account as a "factoring company" account

§ 1692e(10) by using any false representation or deceptive means to collect or attempt to collect a debt by reporting the account as a "factoring company" account

§ 1692e(12) by alleging that the account was a "factoring company" account resulting in false representation or implication that the account has been turned over to innocent purchasers for value

§ 1692f by using unfair or unconscionable means to collect or attempt to collect a debt by reporting the account as a "factoring company" account to deceive current and potential creditors and to negative impact credit scores.

 

Now the others;

 

§ 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

§ 1692 g(B ) Failure to cease collection efforts until debt is validated

§ 1692e(14) The use of any business, company or organization name other than the true name of the debt collector's business,company or organization by listing the OC in the account

 

 

Can anyone else point out anything I'm missing re: FDCPA?

 

As for FCRA I'm trying to get a handle on it right now (I'm not as strong with these so any help would be appreciated);

 

[15 U.S.C. § 1681s-2] - § 623(B ) for listing the account as "open" to TransUnion

[15 U.S.C. § 1681s-2] - § 623(B ) for listing the account as "open" to Equifax

[15 U.S.C. § 1681s-2] - § 623(B ) for listing the account with a balance as "amount past due" to TransUnion

[15 U.S.C. § 1681s-2] - § 623(B ) for listing the account with a balance as "amount past due" to Equifax

 

 

Are these correct? Any veterans' help would be appreciated. I've been reading, re-reading and re-re-re-reading both the FDCPA and FCRA and my eyes are dizzy.

 

Please let me know where I'm off-base and what, if anything, I've missed.

 

My next step once I have my FDCPA/FCRA "stuff" together is a pre-ITS letter to Arrow with a copy of the BBB/AG/FTC complaint.

 

Many thanks in advance,

 

Thai

Edited June 26, 2006 by Thaiphoon

[schlmom]

subscribing. Arrow just got my DV today, so I'm very interested in what they will say. Also, they have many errors on my DH's CR's as well.

[BlueGhost]

The bona fide error statute is in place to protect collectors in the event of an inadvertent clerical error; a bona fide error does not shield a collector from abuses, systematic errors, or willful disregard of consumer laws: Pipiles v. Credit Bureau of Lockport, Inc., 886 F.2d 22, 27 (2nd Cir. 1989); Hulshizer v. Global Credit Serv., Inc., 728 F.2d 1037, 1038 (8th Cir. 1984) (per curiam); [**16] Baker v. G. C. Serv. Corp., 677 F.2d 775, 779 (9th Cir. 1982); Rutyna v. Collection Accounts Terminal, Inc., 478 F. Supp. 980, 982 (N.D. Ill. 1979).

 

If a claim is made that these actions are a bona fide error it would be a falsity as the violations are consistent of a period of months and did not cease to take place when Plaintiff made the Defendant aware of their errors and the fact that these actions are illegal and prohibited by federal and state laws.

 

Place that within your pleadings as a "trump" in the Pleading part for damages and why if/when they raise this only defence the FCRA/FDCPA has thus it will be debunked it if a GOOD paper trail is in hand.

 

JMHO & $0.02 Worth.

 

 

BG

Edited June 26, 2006 by BlueGhost

[Thaiphoon]

BG - Thank you for responding - I know I have much to read still, but by my "pleadings" you're referring to if I take them to court correct?

 

I have all CM receipts as well as my green cards and the CR's and DV's I sent to Arrow so I think I'm ok on paper trail.

 

Did you notice anything else I missed (re: FCRA/FDCPA violations)? I'm furiously re-re-re-reading the FCRA and the staff opinion letters and would appreciate anyone with more hands on than me.

[Thaiphoon]

Bump for night crowd !!

 

Also, these are per report violations as well correct. So say the same thing was put in a report in march as in June so that its a violation 2x's correct?

[Thaiphoon]

Morning bump

[demejoe]

Bumping this one for the vets, my situation is very similar,

subscribing

[pryan67]

yes..your pleadings would be if it goes to court.

 

 

you could also put that in an ITS, basically say "I know that this isn't a bona fide error, since you've been doing it for months now"

 

 

you've got OODLES of violations there..if you want, I can point them out for you, but I think you know what they are

[BrighterDays]

subscribing

[Thaiphoon]

Thanks Pryan - I'll submit my ITS letter once its ready and if you see anything I miss in that one, please be my guest and slap me in the head with it so I don't leave it out

[Thaiphoon]

Ok Pryan and others - how does this ITS look ?

 

Remember that my April CR's look the same as my June CR's that I posted above with the exception that in april it only showed on 2 CR's and in June (after my second DV) they added to Equifax.

 

Arrow Financial Services

5996 W. Touhy Ave.

Nile, IL 60714

 

Date: June xx, 2006 Reference # xxxxxxxx

 

CERTIFIED MAIL TRACKING NUMBER:

 

 

Attached are copies of two other letters, mailed to you in reference to the above account.

 

Your company is reporting inaccurate credit information to my TransUnion and Experian and Equifax credit files. This correspondence shall service as an Intent To Sue your company for blatant violations of the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA), specifically( but not limited to):

 

FDCPA § 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

FDCPA § 1692 g(B ) Failure to cease collection efforts until debt is validated.

FDCPA § 1692e(8 ) by communicating credit information which is known or should be known to be false

FDCPA § 1692e(10) by using any false representation or deceptive means to collect or attempt to collect a debt

FDCPA § 1692e(2)(A) by falsely reporting the legal status of the account as not in default

FDCPA § 1692f by using unfair or unconscionable means to collect or attempt to collect a debt

 

And multiple violations of the FCRA [15 U.S.C. § 1681s-2] - § 623(B ) by providing and verifying information that should be known to be false or inaccurate to the credit reporting agencies.

 

You have completely ignored ALL of my requests to validate this alleged debt. You made a “hard pull†on my credit report without notifying me as required by FDCPA. You have numerous violations of my rights per, FDCPA ($1,000 statutory penalty per action) and FCRA ($1,000 statutory penalty per violation).

 

My last count had about 29 violations. That would amount to a judgment of $16,000 plus attorney fees. This statutory amount is not including punitive damages that could also be awarded.

 

Your company has shown to me that it has no regard for its legal duties as a furnisher of information as required by the FCRA, nor does it have any regard for my personal credit information or detriment to, by reporting and continuing to report after notification of the inaccuracies this information to the credit bureaus. I am confident that this isn't a bona fide error, since you've been doing it for months now.

 

Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair Debt Collection Practices Act and my rights as a consumer have caused harm to me by causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable credit terms. Additionally, as a result of your company’s blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law. I will not tolerate this defamation any longer.

 

I have exhausted all measures to have your company do what is legally required of them, to no avail. However, to show that I am acting in good faith I am giving your company a final opportunity to avoid costly litigation, by accepting the following offer;

 

The tradeline must be deleted from my credit files with TransUnion, Experian and Equifax Credit Bureaus within 5 days from the tracked and verifiable receipt of this letter. Forward a letter to me via regular U.S. mail stating;

 

1.) The tradeline has been removed and

2.) will not reappear on my credit reports again, and

3.) that the account will not be sold or re-assigned to another company for collection.

 

Additionally, you will forward a sum of $4000 in certified funds to me as compensation. Please bear in mind that court costs, legal fees as well as statutory and punitive damages under the FDCPA and FCRA would easily dwarf the above figure should the trier-of-fact rule in my favor, which I am confident they will after reviewing the ample documentation of your company's violations. Since courts nowadays prefer that all parties attempt an amicable resolution prior to ending up in litigation, I am generously offering the above settlement to you in lieu of the larger damages (statutory, actual and punitive) you will undoubtably pay if this case goes to trial. If you do not accept this generous offer, I will be forced to take legal action.

 

Additionally, I am sending copies of all correspondence to the FTC, the BBB, my State’s Attorney General's office as well as the Attorney General in your state of Illinois showing your lack of regard and respect for consumers’ rights.

 

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

 

Thank you and I look forward to your resolving this most expeditiously.

 

Regards,

 

Thaiphoon

 

 

 

Complaint

 

After a review of his credit report the Plaintiff noticed that the Defendant had placed a derogatory account on his credit reports without first notifying the Plaintiff.

 

On March 16,2006 Plaintiff sent a request for validation pursuant to the FDCPA to the Defendant. This validation request was received by the Defendant on March 20,2006. This validation request was ignored.

 

A second request for validation was sent by the Plaintiff on May 1,2006 and received by the Defendant on May 5, 2006. Defendant has during this time, ignored all validation requests while at the same time verifying the information to the CRA's as accurate.

 

Defendant is now in violation of the following statutes;

 

Fair Debt Collection Practices Act Violations:

 

Defendant violated 15 USC 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

 

Defendant violated 15 USC 1692 g(B ) Failure to cease collection efforts until debt is validated

 

Defendant violated 15 USC 1692e(2)(A) by falsely characterizing the account as "Open" and term “1 monthâ€. TransUnion (4/2006 & 06/2006); Equifax (06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692e(2)(A) by falsely reporting the legal status of the account as "Open" and term “1 monthâ€. TransUnion (4/2006 & 06/2006); Equifax (06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692e by communicating credit information which is known or which should be known to be false, by reporting the account as "Open" and term “1 monthâ€. TransUnion (4/2006 & 06/2006); Equifax (06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692e(8) by communicating or threatening to communicate to any person credit information which is known or which should be known to be false.

 

Defendant violated 15 USC 1692e(10) by using any false representation or deceptive means to collect or attempt to collect any debt by reporting the account as "Open" and term “1 monthâ€. TransUnion (4/2006 & 06/2006); Equifax (06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692f by using unfair or unconscionable means to collect or attempt to collect any debt by reporting the account as "Open" and term “1 month†to result in a greater negative impact to Plaintiff's credit scores. TransUnion (4/2006 & 06/2006); Equifax (06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692e(14) The use of any business, company or organization name other than the true name of the debt collector's business, company or organization by listing the OC in the account. TransUnion (4/2006 & 06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692e(8) and 1692e(10) by reporting the account with a balance as "amount past due". [TransUnion (04/2006 & 06/2006); Experian (04/2006 & 06/2006); Equifax (06/2006)]

 

Defendant violated 15 USC 1692e(2)(A) by falsely characterizing the account as a "factoring company" account

 

Defendant violated 15 USC 1692e(2)(A) by falsely reporting the legal status of the account as not in default

 

Defendant violated 15 USC 1692e(8 ) by communicating credit information which is known or should be known to be false by reporting the account as a "factoring company" account

 

Defendant violated 15 USC 1692e(10) by using any false representation or deceptive means to collect or attempt to collect a debt by reporting the account as a "factoring company" account

 

Defendant violated 15 USC 1692e(12) by alleging that the account was a "factoring company" account resulting in false representation or implication that the account has been turned over to innocent purchasers for value

 

Defendant violated 15 USC 1692f by using unfair or unconscionable means to collect or attempt to collect a debt by reporting the account as a "factoring company" account to deceive current and potential creditors and to negative impact credit scores.

 

Fair Credit Reporting Act Violations

 

 

Defendant violated 15 USC 1681s-2 § 623 (b ) by reporting the account as "open"

3 violations [TransUnion (4/2006 & 06/2006); Equifax (06/2006)]

 

Defendant violated 15 USC 1681s-2 § 623 (b ) by reporting the account as term "1 month"

2 violations [Experian (04/2006 & 06/2006)]

 

Defendant violated 15 USC 1681s-2 § 623 (b ) by reporting the account with a balance as "amount past due". 5 violations [TransUnion (04/2006 & 06/2006); Experian (04/2006 & 06/2006); Equifax (06/2006)]

 

Defendant violated 15 USC 1681s-2 § 623 (b ) by reporting the account with a “credit limitâ€, “original amount†or “high creditâ€. 5 violations [TransUnion (04/2006 & 06/2006); Experian (04/2006 & 06/2006); Equifax (06/2006)]

 

Now my questions -

 

Ok what violations of the FDCPA am I missing? For some reason I have this nagging feeling that them listing themselves as a Collectiona Agency/Attorney is a violation (but can't remember the statute).

 

Also did I list these violations correctly? Should I not have asked for any sum of money and instead just pushed for a deletion (will a judge think I'm not acting in good faith)?

 

Anything in the wording I should leave out (or add)?

 

This is my first ITS letter and I want to make sure I'm getting it done correctly. Any help would be greatly appreciated !!

Edited June 28, 2006 by Thaiphoon

[Thaiphoon]

Bump for day crew

[Cushie]

Your company is reporting inaccurate credit information to my TransUnion and Experian and Equifax credit files. This correspondence shall service as an Intent To Sue your company for blatant violations of the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA), specifically( but not limited to):

 

FDCPA § 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

FDCPA § 1692 g(B ) Failure to cease collection efforts until debt is validated.

FDCPA § 1692e(8 ) by communicating credit information which is known or should be known to be false

FDCPA § 1692e(10) by using any false representation or deceptive means to collect or attempt to collect a debt

FDCPA § 1692e(2)(A) by falsely reporting the legal status of the account as not in default

FDCPA § 1692f by using unfair or unconscionable means to collect or attempt to collect a debt

 

And multiple violations of the FCRA [15 U.S.C. § 1681s-2] - § 623(B ) by providing and verifying information that should be known to be false or inaccurate to the credit reporting agencies.

 

You have completely ignored ALL of my requests to validate this alleged debt. You made a “hard pull†on my credit report without notifying me as required by FDCPA. You have numerous violations of my rights per, FDCPA ($1,000 statutory penalty per action) and FCRA ($1,000 statutory penalty per violation).

 

My last count had about (need to be exact here) 29 violations. That would amount to a judgment of $16,000 plus attorney fees (truthfully, you can only sue for $1000 in one lawsuit). This statutory amount is not including punitive damages that could also be awarded.

 

Your company has shown to me that it has no regard for its legal duties as a furnisher of information as required by the FCRA, nor does it have any regard for my personal credit information or detriment to, by reporting and continuing to report after notification of the inaccuracies this information to the credit bureaus. I am confident that this isn't a bona fide error, since you've been doing it for months now; this is willful noncompliance with the FCRA and FDCPA.

 

Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair Debt Collection Practices Act and my rights as a consumer have caused harm to me by causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable credit terms (You MUST have proof of this - increased interest rate, credit denials based upon this CA, etc).

 

(new paragraph)Additionally, as a result of your company’s blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law. I will not tolerate this defamation any longer.

 

I have exhausted all measures to have your company do what is legally required of them, to no avail. However, to show that I am acting in good faith I am giving your company a final opportunity to avoid costly litigation, by accepting the following offer;

 

The tradeline must be deleted from my credit files with TransUnion, Experian and Equifax Credit Bureaus within 5 days from the tracked and verifiable receipt of this letter. Forward a letter to me via regular U.S. mail stating;

 

1.) The tradeline has been removed and

2.) will not reappear on my credit reports again, and

3.) that the account will not be sold or re-assigned to another company for collection.

 

Additionally, you will forward a sum of $4000 in certified funds to me as compensation. Please bear in mind that court costs, legal fees as well as statutory and punitive damages under the FDCPA and FCRA would easily dwarf the above figure should the trier-of-fact rule in my favor, which I am confident they will after reviewing the ample documentation of your company's violations. Since courts nowadays prefer that all parties attempt an amicable resolution prior to ending up in litigation, I am generously offering the above settlement to you in lieu of the larger damages (statutory, actual and punitive) you will undoubtably pay if this case goes to trial. If you do not accept this generous offer, I will be forced to take legal action. (I don't like this part, and I doubt a judge would either - is there another way to state this?)

Additionally, I am sending copies of all correspondence to the FTC, the BBB, my State’s Attorney General's office as well as the Attorney General in your state of Illinois showing your lack of regard and respect for consumers’ rights.

 

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

 

Thank you and I look forward to your resolving this most expeditiously.

 

Regards,

 

Thaiphoon

 

Good job! Now, do not send this unless you are FULLY prepared to file suit on the 6th day (I'd give them 10-15 days - you want to look good in front of the judge. I can't comment on the actual filing below this because I don't have that experience yet)

[Thaiphoon]

Thanks Cushie I'll make the changes and repost- as for suing - I thought I could press for $1,000 for FDCPA per suit and $1,000 per violation of the FCRA. Thats where I came up with the figure (1k for FDCPA + 15 FCRA violations x 1k = 16k)

 

Or do these need to be separate suits (1 for FDCPA nd 1 for FCRA)?

 

As for proof - I have denial letters (from Hooters, Target, MBNA, Chevron, etc...) listing serious delinquency and derogatory account information listed on my credit report as reasons for denial. Also, my personal loan I received recently has an obscenely high APR due to derogatory account information on my CR.

 

also-

 

Additionally, you will forward a sum of $4000 in certified funds to me as compensation. Please bear in mind that court costs, legal fees as well as statutory and punitive damages under the FDCPA and FCRA would easily dwarf the above figure should the trier-of-fact rule in my favor, which I am confident they will after reviewing the ample documentation of your company's violations. Since courts nowadays prefer that all parties attempt an amicable resolution prior to ending up in litigation, I am generously offering the above settlement to you in lieu of the larger damages (statutory, actual and punitive) you will undoubtably pay if this case goes to trial. If you do not accept this generous offer, I will be forced to take legal action. (I don't like this part, and I doubt a judge would either - is there another way to state this?)

 

Did you mean the whole paragraph?

 

thanks in advance for your help

Edited June 28, 2006 by Thaiphoon

[pryan67]

Your company is reporting inaccurate credit information to my TransUnion and Experian and Equifax credit files. This correspondence shall serve as notice that I intend to file suit against your company for your blatant and willful violations of the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA), including, but not limited to the following:

 

FDCPA § 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

FDCPA § 1692 g(B ) Failure to cease collection efforts until debt is validated after receiving notice that the consumer disputes the alleged debtn

FDCPA § 1692e(8 ) by communicating credit information which is known or should be known to be false

FDCPA § 1692e(10) by using any false representation or deceptive means to collect or attempt to collect a debt

FDCPA § 1692e(2)(A) by falsely reporting the legal status of the account as not in default ????? not sure what you mean...do you mean you WANTED them to list it as in default?

FDCPA § 1692f by using unfair or unconscionable means to collect or attempt to collect a debt

 

multiple violations of the FCRA [15 U.S.C. § 1681s-2] - § 623(B ) by providing and verifying information that should be known to be false or inaccurate to the credit reporting agencies.

 

You have completely ignored ALL of my requests for validation of this alleged debt. You made a “hard pull†on my credit report without notifying me as required by FDCPA. You have accessed my credit without a legitimate permissible purpose in violation of FCRA.You have violated my rights numerous times per, FDCPA ($1,000 statutory penalty per action) and FCRA ($1,000 statutory penalty per violation).

 

My last count had about (need to be exact here) 29 violations. That would amount to a judgment of $16,000 plus attorney fees (truthfully, you can only sue for $1000 in one lawsuit). This statutory amount is not including punitive damages that could also be awarded.

 

Your company has shown to me that it has no regard for its legal duties as a furnisher of information as required by the FCRA, nor does it have any regard for my personal credit information or detriment to, by reporting and continuing to report after notification of the inaccuracies this information to the credit bureaus. I am confident that this isn't a bona fide error, since you've been doing it for months now; this is willful noncompliance with the FCRA and FDCPA.

 

Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair Debt Collection Practices Act and my rights as a consumer have caused harm to me by causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable credit terms (You MUST have proof of this - increased interest rate, credit denials based upon this CA, etc).

 

(new paragraph)Additionally, as a result of your company’s blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law. I will not tolerate this defamation any longer.

 

I have exhausted all measures to have your company do what is legally required of them, to no avail. However, to show that I am acting in good faith I am giving your company a final opportunity to avoid costly litigation, by accepting the following offer;

 

The tradeline must be deleted from my credit files with TransUnion, Experian and Equifax Credit Bureaus within 5 days from the tracked and verifiable receipt of this letter. Forward a letter to me via regular U.S. mail stating;

 

1.) The tradeline has been removed and

2.) will not reappear on my credit reports again, and

3.) that the account will not be sold or re-assigned to another company for collection.

 

Additionally, you will forward a sum of $4000 in certified funds to me as compensation. Please bear in mind that court costs, legal fees as well as statutory and punitive damages under the FDCPA and FCRA would easily dwarf the above figure should the trier-of-fact rule in my favor, which I am confident they will after reviewing the ample documentation of your company's violations. Since courts nowadays prefer that all parties attempt an amicable resolution prior to ending up in litigation, I am generously offering the above settlement to you in lieu of the larger damages (statutory, actual and punitive) you will undoubtably pay if this case goes to trial. If you do not accept this generous offer, I will be forced to take legal action. (I don't like this part, and I doubt a judge would either - is there another way to state this?)

Additionally, I am sending copies of all correspondence to the FTC, the BBB, my State’s Attorney General's office as well as the Attorney General in your state of Illinois showing your lack of regard and respect for consumers’ rights.

 

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

 

Thank you and I look forward to your resolving this most expeditiously.

 

Regards,

 

Thaiphoon

 

Good job! Now, do not send this unless you are FULLY prepared to file suit on the 6th day (I'd give them 10-15 days - you want to look good in front of the judge. I can't comment on the actual filing below this because I don't have that experience yet)

 

 

 

I made some additional edits above in red...

 

but you CAN sue for more than 1k...as long as you're going after FCRA violations OR you have actual damages...or you can convince the judge to award punitive damages under FDCPA

[Thaiphoon]

Thanks Pryan - should I leave out the paragraph about forwarding me $4000 and just go for a deletion or should I at least try to hit them monetarily? What would you do in my situation given the violations? And did I list all of the violations correctly in the "complaint" ? I think I missed listing the PP violation

[pryan67]

Well, if you really want to get the money out of them, I'd get rid of it, and negotiate a settlement with them when you end up suing them

 

you did miss the non-PP violation...it's not a solid one, since they'll claim they DID have PP...but you can counter that with "If you DID have a valid account with me, then why can't you show me any documentation whatsoever"

 

 

I don't like proofing people's complaints, since I'm NOT an attorney...

[Thaiphoon]

No worries - thanks for perusing my ITS Pryan... I'll make the necessary changes and repost.

[Thaiphoon]

Ok next draft (hopefully the final one)

 

Your company is reporting inaccurate credit information to my TransUnion and Experian and Equifax credit files. This correspondence shall serve as notice that I intend to file suit against your company for your blatant and willful violations of the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA), including, but not limited to the following:

 

FDCPA § 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

FDCPA § 1692 g(B ) Failure to cease collection efforts until debt is validated after receiving notice that the consumer disputes the alleged debt

FDCPA § 1692e(8 ) by communicating credit information which is known or should be known to be false

FDCPA § 1692e(10) by using any false representation or deceptive means to collect or attempt to collect a debt

FDCPA § 1692f by using unfair or unconscionable means to collect or attempt to collect a debt

Multiple violations of the FCRA [15 U.S.C. § 1681s-2] - § 623(B ) by providing and verifying information that should be known to be false or inaccurate to the credit reporting agencies.

 

You have completely ignored ALL of my requests for validation of this alleged debt. You made a “hard pull†on my credit report without notifying me as required by FDCPA. You have accessed my credit without a legitimate permissible purpose in violation of FCRA. You have violated my rights numerous times per, FDCPA ($1,000 statutory penalty per action) and FCRA ($1,000 statutory penalty per violation).

 

My last count had 32 violations by your company of the FDCPA and FCRA. That would amount to a judgment of $18,000 plus attorney fee. This statutory amount is not including punitive damages that could also be awarded.

 

Your company has shown to me that it has no regard for its legal duties as a furnisher of information as required by the FCRA, nor does it have any regard for my personal credit information or detriment to, by reporting and continuing to report after notification of the inaccuracies this information to the credit bureaus. I am confident that this isn't a bona fide error, since you've been doing it for months now; this is willful noncompliance with the FCRA and FDCPA.

 

Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair Debt Collection Practices Act and my rights as a consumer have caused harm to me by causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable credit terms.

 

Additionally, as a result of your company’s blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law. I will not tolerate this defamation any longer.

 

I have exhausted all measures to have your company do what is legally required of them. However, to show that I am acting in good faith I am giving your company a final opportunity to avoid costly litigation, by accepting the following offer;

 

The tradeline must be deleted from my credit files with TransUnion, Experian and Equifax Credit Bureaus within 10 days from the tracked and verifiable receipt of this letter. Forward a letter, signed by a corporate officer, to me via regular U.S. mail stating;

 

1.) The tradeline has been removed from all credit bureau reports (TransUnion, Experian and Equifax) and

2.) will not reappear on my credit reports again, and

3.) that the account will not be sold or re-assigned to another company for any purpose.

 

Additionally, I am sending copies of all correspondence to the FTC, the BBB, my State’s Attorney General's office as well as the Attorney General in your state of Illinois showing your lack of regard and respect for consumers’ rights.

 

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

 

Thank you and I look forward to your resolving this most expeditiously.

 

Regards,

 

Thaiphoon

 

 

Complaint

 

 

After a review of his credit report the Plaintiff noticed that the Defendant had placed a derogatory account on his credit reports without first notifying the Plaintiff.

 

On March 16,2006 Plaintiff sent a request for validation pursuant to the FDCPA to the Defendant. This validation request was received by the Defendant on March 20,2006. This validation request was ignored.

 

A second request for validation was sent by the Plaintiff on May 1,2006 and received by the Defendant on May 5, 2006. Defendant has during this time, ignored all validation requests while at the same time verifying the information to the CRA's as accurate.

 

Defendant is now in violation of the following statutes;

 

Fair Debt Collection Practices Act Violations:

 

Defendant violated 15 USC 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication

 

Defendant violated 15 USC 1692 g(B ) Failure to cease collection efforts until debt is validated

 

Defendant violated 15 USC 1692e(2)(A) by falsely characterizing the account as "Open" and term “1 monthâ€. TransUnion (4/2006 & 06/2006); Equifax (06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692e(2)(A) by falsely reporting the legal status of the account as "Open" and term “1 monthâ€. TransUnion (4/2006 & 06/2006); Equifax (06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692e by communicating credit information which is known or which should be known to be false, by reporting the account as "Open" and term “1 monthâ€. TransUnion (4/2006 & 06/2006); Equifax (06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692e(8) by communicating or threatening to communicate to any person credit information which is known or which should be known to be false.

 

Defendant violated 15 USC 1692e(10) by using any false representation or deceptive means to collect or attempt to collect any debt by reporting the account as "Open" and term “1 monthâ€. TransUnion (4/2006 & 06/2006); Equifax (06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692f by using unfair or unconscionable means to collect or attempt to collect any debt by reporting the account as "Open" and term “1 month†to result in a greater negative impact to Plaintiff's credit scores. TransUnion (4/2006 & 06/2006); Equifax (06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692e(14) The use of any business, company or organization name other than the true name of the debt collector's business, company or organization by listing the OC in the account. TransUnion (4/2006 & 06/2006); Experian (04/2006 & 06/2006)

 

Defendant violated 15 USC 1692e(8) and 1692e(10) by reporting the account with a balance as "amount past due". [TransUnion (04/2006 & 06/2006); Experian (04/2006 & 06/2006); Equifax (06/2006)]

 

Defendant violated 15 USC 1692e(2)(A) by falsely characterizing the account as a "factoring company" account

 

Defendant violated 15 USC 1692e(2)(A) by falsely reporting the legal status of the account as not in default

 

Defendant violated 15 USC 1692e(8 ) by communicating credit information which is known or should be known to be false by reporting the account as a "factoring company" account

 

Defendant violated 15 USC 1692e(10) by using any false representation or deceptive means to collect or attempt to collect a debt by reporting the account as a "factoring company" account

 

Defendant violated 15 USC 1692e(12) by alleging that the account was a "factoring company" account resulting in false representation or implication that the account has been turned over to innocent purchasers for value

 

Defendant violated 15 USC 1692f by using unfair or unconscionable means to collect or attempt to collect a debt by reporting the account as a "factoring company" account to deceive current and potential creditors and to negative impact credit scores.

 

 

Fair Credit Reporting Act Violations

 

Defendant violated 15 U.S.C. 1681n and 15 U.S.C. 1681o by procuring a consumer report under false pretenses, or knowingly without a permissible purpose.

 

Defendant violated 15 USC 1681s-2 § 623 (b ) by reporting the account as "open"

3 violations [TransUnion (4/2006 & 06/2006); Equifax (06/2006)]

 

Defendant violated 15 USC 1681s-2 § 623 (b ) by reporting the account as term "1 month"

2 violations [Experian (04/2006 & 06/2006)]

 

Defendant violated 15 USC 1681s-2 § 623 (b ) by reporting the account with a balance as "amount past due". 5 violations [TransUnion (04/2006 & 06/2006); Experian (04/2006 & 06/2006); Equifax (06/2006)]

 

Defendant violated 15 USC 1681s-2 § 623 (b ) by reporting the account with a “credit limitâ€, “original amount†or “high creditâ€. 5 violations [TransUnion (04/2006 & 06/2006); Experian (04/2006 & 06/2006); Equifax (06/2006)]

 

Additional violations of the Fair Credit Reporting Act (including but not limited to the following);

 

Defendant violated 15 USC 1681s-2 § 623 (a)(1)(A) by reporting information with actual knowledge of errors

 

Defendant violated 15 USC 1681s-2 § 623 (a)(1)( by reporting information after notice and confirmation of errors

 

Defendant violated 15 USC 1681s-2 § 623 (a)(2) by failing to update and correct information

Edited June 28, 2006 by Thaiphoon

[BlueGhost]

Your company is reporting inaccurate credit information to my TransUnion and Experian and Equifax credit files. This correspondence shall serve as notice that I intend to file suit against your company for your blatant and willful violations of Federal and State Laws, such as but not limited to the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA), MYSTATE's Privacy Laws, INTENTIONAL and UNINTENTIONAL TORTS, including, but not limited to the following:

 

Ya forgot to use state Torts as another one for them to defend against:

XX. Defendant Committed the Tort Act of Libel per se (Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 US 749, 758, n.5 (1985) by reporting information that is or should have been known to be false if a proper investigation was done as ask by the Plaintiff in his letters and disputes to the Credit Reporting Agencies. Credit reporting agencies maintain positions of great power and responsibility. Their opinions can make or break the ability of any consumer to gain credit and/or favorable terms of credit. False, Libelous and Defamatory statements and/or entries submitted to a Credit Reporting Agency by a Collection Agency can and will have dire consequences to the individual being reported. Libel per se is generally defined as a statement that is injurious to the plaintiff on its face or in its ordinary plain meaning. A statement is libelous per se where the language "as a whole, considered in its ordinary meaning, naturally and proximately was so injurious to the plaintiff that the court will presume, without any proof, that the plaintiff's reputation or credit has been thereby impaired.

XX. Defendant Committed the Tort Act of Defamation per se by reporting information that is or should have been known to be false if a proper investigation was done as ask by the Plaintiff in his letters and disputes to the Credit Reporting Agencies. Such published reports/entries defamed and placed in a bad light Plaintiff’s credit worthiness.

 

BG

[Thaiphoon]

I live in VA - as far as I know we have no state protections of consumers like Texas and CA have so I didn't bother, but now that you mention it I'll look those up as well.

[BlueGhost]

I live in VA - as far as I know we have no state protections of consumers like Texas and CA have so I didn't bother, but now that you mention it I'll look those up as well.

 

Those are common TORTS and are incorporated in both most sates and fed law I believe.

 

BG

[TomKC]

What are with all the references to punitive damages, are they allowed under either the FDCPA or the FCRA? I thought they were both statutory and/or actual damages only.

[Thaiphoon]

Tom - I was referring to damages as in actual (such as denial of credit, higher % interest)

 

I'll change it - good catch !!

[DRTDEVL]

Ok next draft (hopefully the final one)

 

Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair Debt Collection Practices Act and my rights as a consumer have caused harm to me by causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable credit terms.

 

 

FYI: I noticed this in all the drafts...