need help writing a letter
Date: Wed, 04/02/2008 - 18:02
I want to send them a second DV letter but also mention that they are violating the fdcpa by calling me 4 times after I requested them to stop so perhaps a little help please?
hi, and welcome... OK, it's up to you on this one, but send
hi, and welcome...
OK, it's up to you on this one, but sending a second DV letter to a company that expressly ignores the first one will probably only result in you wasting five dollars. As a general rule, I dont like to repeat myself when it comes to a collection agency. They are showing you that they dont care much about following the law, so perhaps it is time to raise the stakes a bit.
I am dealing with a smaller CA right now that has done the exact same thing. I wrote a letter that detailed the entire experience I have had with their company to date. I broke it down in plenty of detail so that they cannot possibly misunderstand the intent of this letter. In a nutshell, I told them that I demanded validation, they not only didnt provide it but responded by telling me that I am not going to get it. So, I mentioned that in the letter. Of course, in my state it is legal to record telephone calls without needing their permission, so thats what I did. I let the fine folks at this CA know it in the letter that I have it on tape if they would like a copy.
Then I laid out the end result. I gave them a choice--
1: I sue you, seeking $5,000.00 in statutory damages for the fdcpa and FCRA violations you have committed, plus any attorney's fees and court costs, plus any actual damages. I will also ask the court to order you to remove the illegal and never-validated entry from my credit report, as it constitutes a violation of both FCRA and FDCPA.
OR--
2: You agree to remove the listing from any of my credit bureau reports that you placed it with. You agree to pay me the sum of $2,500 as penalty for your violations of federal law. I shall agree that, upon successful completion of these conditions, this matter is closed, and I shall take no further action against you on these violations, as detailed in this letter.
I gave them that option. And asked them to choose. I eagerly await their answer. In the meantime, take pictures of your caller ID entries that show their calls, and also get a copy of your phone bill showing those incoming calls on those dates and times. That combined with the green receipt card the USPS sent you when they got your DV letter will prove your case.
