Intent to Sue Equifax letter (Please give me feedback!)

[jessetsi]

Hello,

Long story short... Equifax deleted 10 items from my credit profile, all of then have since returned to haunt me again, and equifax never notified me. I have the proof they were all deleted and here is the letter I'm sending to them.

I need all the feedback I can get from the experts. I made this myself... WILL IT WORK? Trish, how does this look?

Re: 000***

NOTICE OF Intent to FILE LAWSUIT

To Whom It May Concern:

This Letter shall serve as formal notice of my Intent to file a lawsuit against your company, due to your blatant and objectionable disregard of the law.

On 5/9/2009, You completed an investigation of false reporting items on my credit file. The results of your findings were; Deleting 10 Accounts that were falsely reporting and negatively affecting my lifestyle. (Proof enclosed)

I sent a 2nd Letter, Certified Mail Return Receipt (#7009 0820 0000 9214 1434) that was signed for on 10/26/2009 by your company. This letter was to inform you that accounts previously deleted were reappearing on my credit profile and that you were to delete those immediately.

Upon receipt of the second letter, your company should have realized you broke the law and deleted these accounts. This was not done, and almost all of them are back on my credit profile.

The FCRA states you must notify the consumer (myself), in writing, within 5 days of an account being reinstated onto my credit report. It is quite evident that you have blatantly broken numerous laws that govern your actions.

I’m sure you are aware of the consequences in violating the Fair Credit Reporting Act as well as the multiple violations your company is now responsible for. If not, let me point them out for you.


FCRA
§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
(B) Requirements Relating to Reinsertion of Previously Deleted Material
(i) Certification of accuracy of information. If any information is deleted
from a consumer's file pursuant to subparagraph (A), the information
may not be reinserted in the file by the consumer reporting agency
unless the person who furnishes the information certifies that the
information is complete and accurate.
(ii) Notice to consumer. If any information that has been deleted from a
consumer's file pursuant to subparagraph (A) is reinserted in the file, the
consumer reporting agency shall notify the consumer of the reinsertion
in writing not later than 5 business days after the reinsertion or, if
authorized by the consumer for that purpose, by any other means
available to the agency.
(iii) Additional information. As part of, or in addition to, the notice under
clause (ii), a consumer reporting agency shall provide to a consumer in
writing not later than 5 business days after the date of the reinsertion
(I) a statement that the disputed information has been reinserted;
(II) the business name and address of any furnisher of information
contacted and the telephone number of such furnisher, if reasonably
available, or of any furnisher of information that contacted the
consumer reporting agency, in connection with the reinsertion of
such information; and
(III) a notice that the consumer has the right to add a statement to the
consumer's file disputing the accuracy or completeness of the
disputed information.
(C) Procedures to prevent reappearance. A consumer reporting agency shall
maintain reasonable procedures designed to prevent the reappearance in a
consumer's file, and in consumer reports on the consumer, of information
that is deleted pursuant to this paragraph (other than information that is
reinserted in accordance with subparagraph (B)(i)).

§ 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; or
(B) in the case of liability of a natural person for obtaining a consumer report
under false pretenses or knowingly without a permissible purpose, actual
damages sustained by the consumer as a result of the failure or $1,000,
whichever is greater;
(2)such amount of punitive damages as the court may allow; and
(3)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.
(b)Civil liability for knowing noncompliance. Any person who obtains a consumer report
from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual
damages sustained by the consumer reporting agency or $1,000, whichever is greater.
(c)Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or
other paper filed in connection with an action under this section was filed in bad faith
or for purposes of harassment, the court shall award to the prevailing party attorney's
fees reasonable in relation to the work expended in responding to the pleading,
motion, or other paper.

If you wish to resolve this matter, this will be your last opportunity to do so. The following items must be deleted from my credit file within 72 hours. You must forward a Letter to me stating they have been removed and will not reappear on my credit report again by your company.

Please be aware if these accounts are not deleted within 72 hours of receiving this letter, I will be filing a lawsuit for violations of the Fair Credit Reporting Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Georgia State Attorney General, The Washington State Attorney General and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously.


Jesse R*****
*********
********
*******

cc: My attorney, esq
Federal Trade Commission
Washington Attorney General
Georgia Attorney General

[chane]

Equifax is usually the easiest to deal with. Are you really going to sue them or are you just trying to scare them?

I would be really careful in sending out such letters unless you are really going to do it. Actually, if you are really going to sue them, I wouldn't send that out. So, I guess what I'm saying is that either way, I wouldn't send that. It's unnecessary in both cases. Just my opinion.

[jessetsi]

Chane,

I just want my negative items deleted. (My equifax was 100% clean)
They did not respond to my last letter confronting them on this, and they are not following the rules.

I am just at the point where I have done so much credit repair, and it keeps coming back, I just want to give up. So I guess this would be my last attempt to save my credit score before I just give up all together?

What letter should I send?
Do you think equifax would just blow me off or what?
Should I call them?

Thanks

[jjgross]

Originally Posted by jessetsi

Chane,

I just want my negative items deleted. (My equifax was 100% clean)
They did not respond to my last letter confronting them on this, and they are not following the rules.

I am just at the point where I have done so much credit repair, and it keeps coming back, I just want to give up. So I guess this would be my last attempt to save my credit score before I just give up all together?

What letter should I send?
Do you think equifax would just blow me off or what?
Should I call them?

Thanks

If its just a bluff by you then they called your bluff.Now you have no choice but to sue.Can't* its* unless you do sue.Never ever give up.The ca's reported it again.Dispute with the ca's.

[Scorepro]

Do u have any intent on suing? You certainly have basis for doing so and you may be able to find an attorney willing to do this with no upfront fee since your case seems pretty clear and the FRCA allows for attorneys fees. So, keep that in mind in the event it was just a bluff, I might consider turning ur bluff into a serious threat.

That aside, there is a key word in the law which I think you need to delve into further. It says that a CA can't re-report information previously deleted without "certifying" it is true and accurate. What exactly does certify mean and what burden does that impose on the creditor? I don't have specifics on what that definition entitles, buy from what I have understood is that creditors usually don't reinsert information because of the certification necessary to do so and the potential liability involved in certifying information that is inaccurate.

If you research this a bit (I will do the same, as now you've peaked my curiousity), and determine there I'd some procedure and/of paperwork involved, I think ur demand letter should address this and ask for evidence of their compliance with with this. Further, simultaneously I would contact the OCs and demand the same.

[Suffering from a Tax Lien]

Originally Posted by chane

I would be really careful in sending out such letters unless you are really going to do it. Actually, if you are really going to sue them, I wouldn't send that out. So, I guess what I'm saying is that either way, I wouldn't send that. It's unnecessary in both cases. Just my opinion.

I agree. People who threaten lawsuits generally don't follow through. My opinion is, sue or don't sue, but don't threaten it.

IANAL.

[Scorepro]

So tell us....do u have the intention of suing or not? I stick to my original response & say you should go through with it. I think what keeps suing from being a viable option is the cost involved. However, like I said, because the law provides for attorneys fees, the attorney will get paid regardless so I say you go for it! The CRAs need to pay for their inaccuracies!

[Trish]

This is what I would do in the case of a reinsertion:

LETTER TO CREDIT BUREAU FOLLOW UP TO DISPUTE OR REINSERTION

This is to be used ONLY after you have disputed unsuccessfully and/or had reinsertion without proper notification.

It is NOT suitable for trying to "clean" your reports of verifiable entries

John Q Public

100 Misery St.

Poortown.XX,98765

February 30,2003

Certified mail receipt number ____________

TUEQIPERIAN Credit Bureau

999 Everwrong Blvd.

Messup, XX,12345

Dear Sir or Madam;

My social security number is ____________

My date of birth is_____________

This is a request as authorized by the FCRA . § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

In my letter of (date of dispute letter) I disputed the following account (Name of account & account #)

In your letter of ____ and your report # ____ of (date) you have (describe the action they took).

Please furnish me with the following ;

(1)A description of the procedure used to determine the accuracy and completeness of the information.

(2) The business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with such information;

Sincerely,

John Q Public

IF AN ACCOUNT THAT WAS DELETED HAS BEEN REINSERTED -SUBSTITUTE (1) & (2) WITH THIS:



In accordance with the requirements of the FCRA as shown below,I am hereby requesting your complete compliance with any and all of the provisions.

Requirements relating to reinsertion of previously deleted material.

Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate.

Please furnish me with copies of any and all such certification.

If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

I received no such notification,this is a serious violation of the FCRA, and I reserve the right to pursue further action.

Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion

(I) a statement that the disputed information has been reinserted;

(II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and

(III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information.

Please furnish me with the required statements and data

(C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph and a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

Please furnish me with a full description of the procedures used to determine the accuracy of the information.

(7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description.

In accordance with the above requirements of the FCRA, please furnish me with all requested material within 15 days

(sign as above in first example)

~courtesy of whychat