Sampe Letters I Sent to OCs & CAs

[Kdaddy]

Here are some samples of the letters I sent to the original credit card companies, The collection agencies, and the inquiries. Tell me if these are good letters.

Original card companies:

ATTN: Bank Of America

I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with the credit bureau (Experian)

I request that you send me the proper proof that what you are reporting is true, or if you cannot, to immediately remove it from my credit report.

In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for improper reporting of information to the credit bureaus regarding my credit history, actual defamation damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area. You have severely limited my ability to obtain credit.

In light of the recent changes to the FCRA (FACTA), consumers now have the right to go directly to the original creditor and ask for proof of negative information. In addition, court case opinion No. 00-15946 CV-99-00290-D.C. by the US Court of Appeals 9th Circuit, Nelson Vs. Chase Manhattan, the court ruled that the creditor has the responsibility to investigate and make sure that correct information is being reported to the bureaus, and that the consumer has a right to sue under the FCRA, should his or her rights be violated.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.

I look forward to an uneventful resolution of this matter.

Sincerely,


Credit Collection companies:


ATTN: Arrow Financial Services LLC

This letter is being sent to you in response to entries by your company on my credit reports. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation.

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

Proof that the collection company owns the debt/or has been assigned the debt. This is basic contract law.

Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..

Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.


At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character


If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that NO telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.


Best Regards,


Inquiry:

Eltman Eltman & Cooper
140 Broadway
New York, New York 10005

ATTN: Eltman Eltman & Cooper

While checking my personal credit report which I acquired from TransUnion I noticed an inquiry was made by your organization.

Since I have NOT approved your organization to make such an inquiry you are not legally entitled to make the inquiry. Hence, I demand you to contact the concerned credit bureau and the credit reporting agencies and remove the unauthorized hard inquiry with immediate effect as it violates the Fair Credit Reporting Act, Section 1681b(c): Transactions Not Initiated by Consumer. I also demand you to remove my personal information from your records after removing the unauthorized inquiry from my credit profiles. Please send me a written confirmation that you have kept my requests.

If you believe that you posses sufficient document that supports your authorization to make the inquiry, please forward me a copy of the same at my current address so that I may verify its validity.

I am using certified mail to ensure that you receive this letter and send me prompt response.

Thanking you in anticipation,



Tell me what you think.

[chane]

They look good. All creditors respond differently, though. Let us know how they work.

[Kdaddy]

Chane,

As you know I carpet bombed the CCA and original card companies with the letters below. Well I got my first response from Capital Management Services. I was a little nervous at first when opening it because I thought it was going to be a PAY OR ELSE letter. You know the ones . Surprisingly it was quite cordial and basically they said they received my correspondence and will get back with me once they "get" the information fom Arrow Financial Services. In other words Chane this is a collection agency(Capital Management), who bought my debt from another collection agency(Arrow Financial), who originally bought the debt from First Premier bank. But Uh Oh for them because First Premier got wiped off my credit report. I think they might hit a snag and have to come off my report.

[greenstuff]

Kdaddy , could you please give us some up-dated information , what is the out-come of this petitions?

Thank you.