Nutcase Letter

[Annabella]

What is a nutcase letter?

[Watercooled]

From what I understand it's a letter that basically makes you out to be a lawsuit happy nutcase

 

Hopefully people will correct me if I am wrong but the purpose of the letter is to create a hassle for the creditor/collection agency with the hopes that they delete the negative TL off your report.

 

Here is another thread by the originator of the nutcase letter:

 

http://consumers.creditnet.com/straighttal...0448#post160448

[Annabella]

THanks Watercooled. I just couldn't find the original reference...is there anyone out there that has the original? I'm not at that point yet, but am gleening as much as I can at a time so I can use it if I need it.

 

Thanks again!

[SassyinAz]

Doc's original nutcase #1

 

(Cut and pasted -- these are Doc's explanatory words):

 

Below is the full sequence (original nutcase which of course you already have; followup #1; and followup #2). Consider staying the course. Then, if they still haven't had their fill of you, draw up a "pleading" (search "pleading" on this board for examples) and fax that to them. Your goal is to make them believe you are a litigious nutcase who may well cost them money by forcing them to answer a legal action (irrespective of its validity, which is another debate altogether) -- all over something that is PAID IN FULL, LOL. You want them to simply desire to be rid of you. Finally, as I've said, like most credit repair techniques this one may not work, but you've got nothing to lose by trying in this case. (After all, the debt is PAID, so they have no cause to come after you legally.)

 

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ORIGINAL NUTCASE -- LETTER #1:

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Date

 

Name of Old Fully-Paid Acquaintance Address City, STATE ZIP

 

To Whom It May Concern:

 

I am formally requesting that you validate all tradeline notations you have submitted to the three major credit reporting agencies by NAME OF COLLECTION AGENCY or NAME OF ORIGINAL CREDITOR for me, YOUR NAME, for account number XXXXXXXXX.

 

Due to possible inaccuracies in these CRA reports, I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Please be advised that I am not requesting a verification that you have my mailing address; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline.

 

I have enclosed two documents which will verify my address: a photocopy of a [YOUR STATE] Driver's License and a photocopy of a recent [NAME OF UTILITY OR TELEPHONE COMPANY] statement.

 

Please know that you have 30 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from the CRA reports. Any other action may constitute evidence of your intent to abridge one or more civil or other constitutional rights. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

 

I look forward to a timely and amicable resolution to this matter.

 

Sincerely yours,

 

Your Name Address City, STATE ZIP

[SassyinAz]

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SON OF NUTCASE -- LETTER #2:

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DATE

 

Name of Old Fully-Paid Acquaintance Address City, STATE ZIP

via facsimile transmittal

 

RE: Account # XXXXXXXXX

 

Dear Mr. NAME:

 

Again, I am formally requesting that you validate all tradeline notations that you have submitted to the three major credit reporting agencies by XXXXXX for me, [YOUR NAME], for account number XXXXXXX.

 

I am receipt of your correspondence postmarked [DATE]. You state that the account is reporting accurately in your opinion. However, it is not. I have contacted the alleged creditor, [NAME OF ORIGINAL CREDITOR]. They state that the account is “an open account and paying as agreed (R1)." That is their “understanding of the reporting.” However, your credit reporting does not reflect the confirmed status by [NAME OF ORIGINAL CREDITOR]. Therefore, you are reporting incorrect information to the credit bureaus.

 

If you do not cease reporting of the incorrect information, I will be forced to take further action. Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and my rights as a consumer have caused harm to me by seriously affecting my otherwise unblemished credit rating, causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable loan terms.

 

Note that the FTC has maintained that incorrect credit reporting is the legal equivalent of prohibited collection activity. I assume that you cannot validate this debt, therefore I am demanding that you cease any and all collection efforts associated with the above referenced account. You chose by doing business as a collection agency to maintain the highest possible records of accuracy and to maintain and collect valid debts.

 

I’m sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for.

 

As per the FDCPA:

 

§ 813. Civil liability [15 U.S.C. 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow

 

As per the FCRA:

 

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000

 

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure;

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

 

As a brief summary I state the following:

Your company has failed to send the legally required validation of this debt. You have been notified that your actions are detrimental to me and that your company has violated (including but not limited to) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act.

 

Your company knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me. Failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed.

 

You have communicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to, Equifax, Experian, and Trans Union.

 

As a result of these 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.

 

Please understand that I am extremely concerned regarding the harmful resultant consequences of the actions your company has taken. Please be advised that, if this matter is not resolved expeditiously, I will take any and all necessary steps to protect my rights.

 

If you wish to resolve this matter, this will be your last opportunity to do so. The following item must be deleted from my credit files with the three major credit reporting bureaus (Equifax, Experian, Trans Union) within 5 days from the tracked and verifiable receipt of this letter. Forward a letter to me via facsimile and via regular U.S. mail stating it has been removed and will not reappear on my credit reports again. I will accept nothing less.

 

Please be aware if these accounts are not deleted within 5 days of receipt, I will file a formal complaint with the Federal Trade Commission, my state's Banking and Finance Bureau, and the Better Business Bureau. Also, note that section 1681s-2( of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan).

 

For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.

 

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

 

Sincerely,

Your Name Address City, STATE ZIP

Your Fax Number

[SassyinAz]

FINAL NUTCASE -- LETTER #3,

SENT IF NECESSARY,

REQUIRES CUSTOMIZATION,

MODIFY TO SUIT YOUR ISSUES:

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DATE

 

Name of Old Fully-Paid Acquaintance Address City, STATE ZIP

via facsimile transmittal

 

RE: Account # XXXXXXXXX

 

Dear Mr. [NAME OF COLLECTOR]:

 

I received a message that you have called my place of residence and left a message regarding resolving the above-referenced account.

 

My previous letter, submitted via facsmile on [DATE], outlined what action needed to be taken. I called you and left a message on your voice mail. Although I have requested that all contact be in the form of written correspondence, I attempted to again contact you via telephone at the number given (XXXXXXXXX) to resolve this matter amicably. It seems that you are either never at your desk or you do not answer your phone.

 

Let me once again outline what action needs to be taken. Since you have not validated the above referenced tradeline within the given timeframe, you are to immediately delete this incorrect account, in the form of a Universal Data Form, from files with the three major credit bureaus (Equifax, Experian, and TransUnion), and fax proof of the deletion to me immediately! Furthermore, since you are unable to validate this tradeline, it is lawfully assumed that you are unable to verify this account with the credit reporting agencies as well.

 

Also note, that section 1681s-2( of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan).

 

Please be advised that failure to comply with my requests will result in a lengthy and expensive legal battle with your company. Considering that you are not located in my state, you will have to appear here or retain outside counsel to defend your interests. This matter can be resolved without such action.

 

For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is and attempt to correct your records, and any information received from you will be collected as evidence should any further action as necessary.

 

Thank you, and I look forward to your resolving this matter expeditiously, as time is of the essence.

 

Sincerely,

Your Name Address City, STATE ZIP

Your Fax Number

 

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(end Nutcase sequence)

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I hope this is helpful.

 

Doc

[SassyinAz]

http://consumers.creditnet.com/straighttal...5081#post125081

 

The link above is from CN's FAQ, where Doc is explaining the process and what he used it for, an accurately reported TL with negative information (lates).

 

Sassy

[Annabella]

Thanks so much Sassy!

[SassyinAz]

YW Annabella!!!!!!!!!!

 

You know, Doc keeps meticulous records regarding it's use and evolution.

 

Perhaps he'll give an update (hint hint) ok, so I'll pm him and ask

 

Sassy

[Annabella]

U. R. a SUPERstar.

 

Thankyou.

[PsychDoc]

Hey, thanks, Sassy!

 

The central theme here is this: When your accounts are fully-paid (which I recommend), then you not only embrace a moral high ground, but your credit repair leverage may increase markedly.

 

I'm just about to put the finishing touches on something I'm writing up for Creditboards.com (I know, I know, breeze will believe it when she sees it, LOL, since it's only been several months incubating -- but I really am about to unleash this). Anyway, with the Nutcase basic info posted here, I'll link right to this thread when I post the new stuff.

 

Doc

 

P.S. Sorry to be so mysterious, LOL, but I don't want to precipitate a bunch of private messages saying, "hey, can you send that over now," etc. At heart, I'm a lazy guy who never misses an opportunity to reduce the workload and save time for the really important stuff -- like reading the Creditboards General board, which is one of my favorite all-time places on the web.

[darumdoll]

Did this work for anyone?

[coder]

Are there any disadvantages of listing your SSN on the 1st Nutcase letter? In my experience with RMA and disputing an account they claimed was mine, I accidentally provided them with my SSN, and they put it on my CR.

[Guest rumaki]

X, I believe you have provided your own answer.....

 

[beachcougar]

It worked for me with a paid Equidata collection account. Sent the first letter on 8/3, received a notice the account would be deleted soon after that and yesterday it was gone off all 3 CRA's. Thanks PsychDoc!

[Sinzard]

Im using he Nutcase letters for a paid First Premier account with lates on it that i am trying to get removed. I will let you know if it works or not.

 

Thanks

[Jugador22]

would this work for a paid collection for NCO?

[cher]

would this work for a paid collection for NCO?

 

Oh, yes. I think they were written for paid collections and charge offs.

[Jugador22]

SWEEEEEEEEEEEEEEEEEEEETTTTTTT!

 

 

I'm sending it today.

 

thank you.

[zebradude]

subscribing...

[Jugador22]

I'm heading out to the USPS...just wanted to make sure I filled in the gaps correctly.

 

August 12, 2004

 

Cavalier Telephone LLC

2134 W. Laburnum Ave

Richmond, VA 23227

 

 

To Whom It May Concern:

 

I am formally requesting that you validate all tradeline notations you have submitted to the three major credit reporting agencies by NCO/31 for me, Jugador22, for account number xxxxxxx1.

 

Due to possible inaccuracies in these CRA reports, I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Please be advised that I am not requesting a verification that you have my mailing address; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline.

 

I have enclosed two documents which will verify my address: a photocopy of a Washington, DC Driver's License and a photocopy of a recent Starpower Cable statement.

 

Please know that you have 30 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from the CRA reports. Any other action may constitute evidence of your intent to abridge one or more civil or other constitutional rights. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

 

I look forward to a timely and amicable resolution to this matter.

 

Sincerely yours,

 

Jugador22

Our Nation’s Capitol

#1776

Washington, DC 20007

[Jugador22]

I just wanted to double check...is it okay to put a copy of my DL and a Utility bill?

[scaryjerry]

thanks, I just checked PG and my mortgage company is reporting all kinds of inaccurate lates ( ihave payment records to prove otherwise) I think I will fire this off to thme on monday I have readthis on here before but didnt think it had much appliction in my situation.

[jamiern]

just wanted my email on this in case there were any updates

[flash]

Those look like debt validation letters. Is that the same thing as a nutcase letter?