Taking on RJM Acquisitgions

Well I got a letter in the mail from these jokers for an account that the last junk debt buyer couldn't validate at all. I checked and unfortunately they do carry a surety bond so can't nail them on that but I am hitting them HARD on every little violation I can manage to find. Below is the letter I am sending them.

So now starts a new crusade against the evil JDB!!!:twisted:

To whom it may concern;

[COLOR=#000000]I am in receipt of your letter dated March 3, 2010 in regards to a collection account #XXXXXXXX and Access Code XXXXXXX claiming that I owe you the amount of $153.47 for a Bank of America Checking Account. [/COLOR]

I have checked my credit reports and find that you have reported this account on TransUnion and Experian. I am informing you now that I dispute this account in its entirety. According to Sec. 392.202. of the Texas Finance Code (TFC) you must cease all collection activity and validate this account within 30 days of receipt of this letter or you must remove the account from TransUnion and Experian. Please note that I am not asking for a verification of my address or amount you allege I owe. I will need the following items to validate this account:

· An agreement or contract signed by me
· A final statement page showing the amount owed
· Proof that you have legally purchased this account and from whom

Please remember that according to the Fair Debt Collection Practices Act (FDCPA) Section 809 and further supported by FTC opinion, that this documentation must come from the original creditor, not just rehashed information from your own files.

I would also like to point out that you are grossly misreporting this account on TransUnion and Experian as listed below:

· Loan Type: Factoring Company Account on TransUnion
· Loan Type: Installment Account on Experian
· Account Type: Open on TransUnion
· Account Type: Open on Experian
· Reporting a past due amount on TransUnion
· Reporting a past due amount on Experian
· Terms: 1 month on Experian

As you undoubtedly know, there are set standards for reporting as set forth in the Metro 2 manual that standardizes reporting procedures. The Loan Type should be Collection Agency as this account is neither a Factoring Company account nor an Installment account. The Account Type should be closed as this is a collection account and closed by the original creditor. There is no past due amount as I have never entered into any type of payment arrangement with you to create a past due amount just as I have never entered into any type of contract with you that would create any terms.

This is clearly considered misrepresentation of the character of the account on these credit reports according to Fair Credit Reporting Act (FCRA) 623.a.1.A, FDCPA 807.2.A, and TFC 392.304.8. I am sure you are aware that violations of these codes can incur civil remedies of $1000 per violation in the FCRA, $1000 for violations of FDCPA, and $500 per violation of the TFC with the violations of the TFC further being trebled in accordance with Subchapter E, Chapter 17,Texas Business & Commerce Code (TBCC) as a deceptive trade practice. It would be hard for your company to claim a bona fide error or unintentional since there is a set standard according to the Metro 2 manual.

[COLOR=black]I would also like to point out that failing to validate this account will also cause you to violate FCRA 604; as if you can’t validate this account then you had no permissible purpose to pull my credit files.[/COLOR]

Texas Business & Commerce Code Sec. 17.505 NOTICE; INSPECTION: As required in this chapter, I am giving you written notice to remedy the following or I will be forced to bring suit against you after 60 days:

[COLOR=black]· [/COLOR][COLOR=black]Provide validation of this account as outlined above or remove the tradelines from both my TransUnion and Experian credit reports[/COLOR]
[COLOR=black]· [/COLOR][COLOR=black]Remove the tradelines from both my TransUnion and Experian credit reports and cease collections permanently as well as agree to never sell the account due to the misrepresentation of the character of the debt on my credit reports as outlined in detail above[/COLOR]

[COLOR=black]If you do not do these things I will be forced to take you to federal court and recover damages of:[/COLOR]

[COLOR=black]· [/COLOR][COLOR=black]$500 for (7) violations of Texas codes then trebled for a total of $10,500[/COLOR]
[COLOR=black]· [/COLOR][COLOR=black]$8,000 for (8) FCRA violations and $1,000 for FDCPA violations totaling $9,000[/COLOR]
[COLOR=black]· [/COLOR][COLOR=black]For a total of $19,500 as well as any court fees associated with this suit[/COLOR]

[COLOR=black]I reserve the right to increase the damages in my suit for any further violations in conjunction with this account such as continued collection activity, not providing the validation in the required 30 day timeframe, not removing the tradelines when/if validation can’t be provided, and for any other violations of these chapters.[/COLOR]

[COLOR=black]Please understand that I could file suit in federal court right now for the misrepresentation of the account in my credit files for $9,000 but prefer to handle this in a hopefully amicable manner.[/COLOR]

Thank you for your prompt attention to this important matter,

ME