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Posted

I sent out ITS letters to the following. We'll see how it goes. I gave them 15 days to comply and made it clear that I will sue without further warning and will not settle after suing.

 

Will keep the board posted on who replies.

 

Sent to:

 

Allied Interstate: Verifying false information. Not marking accounts in dispute after repeated validation requests.

 

CMI: Placing account on reports after being asked for validation and not providing it. ALso not marking account in dispute.

 

ERSolutions: Placing account on reports after being asked for validation and not providing it. Also not marking account in dispute. Also verifying false information.

 

Helvey and Associates/Huntington Bank: Placing account on reports after being asked for validation and not providing it. Also not marking account in dispute.

 

Experian: Failure to investigate 6 accounts. 3 as reinvestigations, 1 because they claim I did not give them a reason although I did, and 2 because they claim they are not on my credit report.

 

TU: Failure to investigate 6 accounts on two separate occasions.

 

Sean


Posted

The only prob's I see thus far are:

 

Experian: Failure to investigate 6 accounts. 3 as reinvestigations, 1 because they claim I did not give them a reason although I did, and 2 because they claim they are not on my credit report. They'll probably fold up your ITS and shove it under the monitor that sits a bit lopsided...

 

TU: Failure to investigate 6 accounts on two separate occasions.

I dunno that these guys are in the stone age yet, they probably all staring at it like a bunch of feces-flinging monkeys, jumping around and screaming at your envelope trying to figure out how to open it...

 

Other than that, good luck to you - keep us updated.

Posted

When their attorneys realize that I have an attorney on board and the necessary finances to see this through I suspect they may opt to get this over with quickly.

 

Sean

Posted

Sean,

 

You know don't you that both the FCRA and FDCPA have reasonable procedure and bona fide error provisions, yes?

 

You need a papertrail so does an attorney.

 

You've damages for FCRA violations?

 

Sassy

Posted (edited)

:oops: I DON'T KNOW WHAT TO DO WITH MY CREDITORS THAT KEEP CALLING ME. THEY'RE ASKING ME FOR THE FULL AMOUNT OF MONEY THAT I OWE, I REALLY DONT HAVE THAT KIND OF MONEY I'M IN DEBT I OWE 25,000 DOLLARS AND DONT HAVE ENOUGH MONEY TO SUPPORT MY FAMILY I'M A SINGLE MOTHER I CAN'T HANDLE THIS DEBT ANYMORE. I REALLY NEED SOME BODY TO HELP ME PLEASE. MY EMAIL IS edited to remove email address IF ANY BODY CAN SEND ME AN EMAIL TELLING ME WHAT TO DO WITH THIS DEBT. THANK YOU!

 

CB does not allow email addresses in the body of posts. There are programs that scour the internet looking for email addresses to spam/phish. This is a protection for our members.

Edited by fla-tan
Posted

let me know what happens with ER Solutions I know someone who just sent them a validation on a cell phone account. The cell company wouldn't let the person close the account and then when they stopped paying they disconnected the phone and charged $200 in a "termination fee" - but they had already run out their one year contract so shouldn't have been charged unless they agreed to a new contract which they never did. ER Solutions is now trying to collect the "termination fee." Its been about 2 months since they requested validation and no response.

Posted

First to answer the damages part - I have been accumulating them for over a year including declined/ raised auto rates, declined mortgages, declined bank loans. I even got an employment declined (I didn't want it, but it was nice to have them tell me that was why.)

 

Second as an update:

 

So far,

 

No response from TU, EXP, Helvey and Associates, or CMI.

 

No response from Allied Interstate but they deleted from all the CRAs.

 

ERSolutions sent me a partial validation (Bank statement with same name, and no address I had ever lived at and no siganture card) and they have deleted from all CRAs.

 

So, so far 2/6. Not bad for 1 week.

 

If anyone wants to letters I used for Allied and ERS, here they are.

 

 

Sean

Posted

Allied Interstate

Legal Counsel

3000 Corporate Exchange Dr.

Columbus,OH, 43231

 

 

Intent to sue Allied Interstate

 

Certified Mail – Return Receipt Requested

 

January 17th, 2004

 

Dear whom it may concern:

 

It is my intent to ask my attorney to file suit against Allied Interstate for a minimum of $52,000 in Dade County Florida unless the matter discussed below is resolved to my satisfaction by February 5th, 2004.

 

I write to with regards to a $__ debt, which Allied Interstate is attempting to collect.

 

I sent a letter on March 16th, 2003 to you asking for validation of a $__ debt for account XXXX that you state I owe. I sent you another letter on 12/27/03 once again asking for validation. All letters were sent certified with return receipt. You have not validated this debt.

 

This account is listed on at least one of my major credit reports. As of today, you have not listed it as in dispute. This means you are continuing to attempt to collect a debt you have not validated and are in violation of the FDPCA and FCRA.

 

Additionally, you have verified this erroneous non-validated account on several occasions. This is again a violation of the FCRA.

 

This letter informs you that Allied Interstate is in violation of the FDCPA and the FCRA. I am certain you are familiar with these federal laws, but if you are not, send me a letter stating that you are not familiar and I will send you a copy of the law. These laws require Allied Interstate (A debt collector) to note an account “as in dispute” on any credit report to which a debt collector has reported after a debtor has requested validation and until such validation is provided. I have followed my credit reports very closely and Allied Interstate has not marked this account in dispute. Since this account still has not been validated as requested, Allied Interstate remains in violation.

 

Additionally, this letter informs Allied Interstate that you are in violation of the FCRA for verifying incorrect information that you have not been able to validate.

 

Each violation of the FDCPA or FCRA subjects a debt collector to a penalty of $1000 + actual damages per violation. Allied Interstate has committed at least 2 violations.

 

I have been denied over $50,000 in actual credit and hence have actual damages.

 

It is my intent to sue Allied Interstate very shortly if this matter is not resolved. I have spoken to my medical malpractice attorney and he is in the process of referring me to a FCRA/FDCPA specialist who will likely draft a lawsuit against Allied Interstate for at least $52,000 to be filed in Miami District Court in Dade County Florida. I will ask the collection attorney whether Allied Interstate can also be held liable for lost profits from my business ventures as a surgeon that were due to Allied Interstate’s violations.

 

The state of Florida recommends that parties attempt to settle before entering court. This letter is an attempt to settle.

 

If Allied Interstate agrees to the following by February 5th, 2004, I agree that this matter is resolved.

 

1. To remove all listings regarding this account from my credit reports and to not make any further listings.

 

2. To cease debt collection efforts against me regarding this debt.

 

3. To not sell or transfer this debt.

 

I have enclosed a letter of settlement with this mailing and a self addressed stamped envelope for your convenience.

 

This is not a request for correcting your failed validation. This is a letter stating my intent to sue Allied Interstate for a minimum of $52,000 for violations of the FDCPA and FCRA. I do not intend to play games or waste any further time. I intend to sue and seek financial compensation and injunction. If Allied Interstate does not settle this matter by February 5th, 2004 I will go forward in seeking civil remedies. If a suit is filed by my attorney, I will no longer accept a non-monetary settlement.

 

I look forward to hearing from you shortly and hope you choose to resolve this matter immediately. Since your violations far exceed this alleged debt, I believe it would be in both our interests if you decide to settle this matter now. If you wish to see whether a jury in South Florida sides with a reconstructive surgeon who is busy with sick patients and accident victims or with a debt collector, then I would recommend you allow this to go to court.

 

Sincerely,

 

>>>>>

 

Pretrial Settlement between:

 

XXXX

 

And

 

Allied Interstate

Legal Counsel

3000 CORPORATE EXCHANGE DRIVE

Columbus,OH, 43231

 

Regarding an alleged debt of $71.00 with account #31XXXX.

 

 

Allied Interstate agrees to the following:

 

1. Allied Interstate will remove Allied Interstate’s report from XX's credit reports. This includes all credit reports that Allied Interstate reports to. Allied Interstate agrees to do this within within 30 days.

2. Allied Interstate will not report this debt to any Credit Reporting Agencies in the future.

3. Allied Interstate agrees that ___ does not owe this debt.

4. Allied Interstate agrees to cease all collection activity against ___ in regards to this debt.

5. Allied Interstate agrees not to sell or in any way transfer this debt to another party.

6. Allied Interstate agrees that if after agreeing to this settlement, Allied Interstate violates this settlement, then Allied Interstate agrees to pay ___ the sum of $10,000 as a penalty.

 

____ agrees that if this letter is returned to him by February 5th, 2004 signed by an authorized Allied Interstate officer, that he will not file suit now or in the future against Allied Interstate in regards to this debt so long as Allied Interstate does not violate this agreement.

 

 

 

Signed:

 

 

________________________ 1/18/04 Settlement offer good until 2/5/04

 

 

 

Allied Interstate Officer Name ___________________

 

Date ______________________________

 

Allied Interstate Officer Signature _________________

Posted

ERSolutions

PO Box 9004

Renton WA 98057

 

 

Intent to sue ERSolutions/ERSSolutions (ERS)

 

Certified Mail – Return Receipt Requested

 

January 17th, 2004

 

Dear whom it may concern:

 

It is my intent to ask my attorney to file suit against ERSolutions for a minimum of $52,000 in Dade County Florida unless the matter discussed below is resolved to my satisfaction by February 5th, 2004.

 

I write to with regards to a $___debt, which ERS is attempting to collect.

 

I sent a letter to you asking for validation of a $__ debt for account ___ that you state I owe. You signed for this letter on June 24th, 2003. I sent you another letter, which you signed for on December 12th, 2003, once again asking for validation. You have not validated the debt.

 

This account is listed on at least one of my major credit reports. As of today, you have not listed it as in dispute. This means you are continuing to attempt to collect a debt you have not validated and are in violation of the FDPCA and FCRA.

 

Additionally, you have verified this erroneous non-validated account on several occasions. This is again a violation of the FCRA.

 

This letter informs you that ERS is in violation of the FDCPA and the FCRA. I am certain you are familiar with these federal laws, but if you are not, send me a letter stating that you are not familiar and I will send you a copy of the law. These laws require ERS (A debt collector) to note an account “as in dispute” on any credit report to which a debt collector has reported after a debtor has requested validation and until such validation is provided. I have followed my credit reports very closely and Allied Interstate has not marked this account in dispute. Since this account still has not been validated as requested, ERS remains in violation.

 

Additionally, this letter informs ERS that you are in violation of the FCRA for verifying incorrect information that you have not been able to validate.

 

Each violation of the FDCPA or FCRA subjects a debt collector to a penalty of $1000 + actual damages per violation. ERS has committed at least 2 violations.

 

I have been denied over $50,000 in actual credit and hence have actual damages.

 

It is my intent to sue ERSvery shortly if this matter is not resolved. I have spoken to my medical malpractice attorney and he is in the process of referring me to a FCRA/FDCPA specialist who will likely draft a lawsuit against ERS for at least $52,000 to be filed in Miami District Court in Dade County Florida. I will ask the collection attorney whether ERS can also be held liable for lost profits from my business ventures as a surgeon that were due to ERS’s violations.

 

The state of Florida recommends that parties attempt to settle before entering court. This letter is an attempt to settle.

 

If ERS agrees to the following by February 5th, 2004, I agree that this matter is resolved.

 

1. To remove all listings regarding this account from my credit reports and to not make any further listings.

 

2. To cease debt collection efforts against me regarding this debt.

 

3. To not sell or transfer this debt.

 

I have enclosed a letter of settlement with this mailing and a self addressed stamped envelope for your convenience.

 

This is not a request for correcting your failed validation. This is a letter stating my intent to sue ERS for at least $52,000 for violations of the FDCPA and FCRA. I do not intend to play games or waste any further time. I intend to sue and seek financial compensation and injunction. If ERS does not settle this matter by February 5th, 2004 I will go forward in seeking civil remedies. If a suit is filed by my attorney, I will no longer accept a non-monetary settlement.

 

I look forward to hearing from you shortly and hope you choose to resolve this matter immediately. Since your violations far exceed this alleged debt, I believe it would be in both our interests if you decide to settle this matter now. If you wish to see whether a jury in South Florida sides with a reconstructive surgeon who is busy with sick patients and accident victims or with a debt collector, then I would recommend you allow this to go to court.

 

Sincerely,

 

 

Included same agreement as with ALlied

  • 6 months later...
  • 2 years later...
Posted
I shouldn't even read these threads anymore.

 

why don't you send one and see how it goes before sending 6 different ITS?

 

 

What ever happned on these its letters you sent out?

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