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What do you think of my intent to sue letter?


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Posted by HDAlex (4.63.17.38) on December 04, 2002 at 23:10:49:

Background: Fully paid creditor reporting paid as agreed; trying to remove some 60 and 90 day lates. Sent goodwill letter October 31st - no response. Want to send this to use my leverage and get them moving.

The letter:

Dear Sir or Madam:

I am writing to you concerning my account referenced above. On October 31st of this year, I wrote to you requesting assistance in updating my credit history with your company. To date, I have not heard a response. However, in the course of becoming more aware of both my credit history and my rights under both Federal and California law, I have been informed that you are in violation of the Fair Credit Reporting Act (FCRA).

Consequently, unless I hear from your office within the next fifteen days from today, I shall seek and obtain judgment in the maximum amount of $1,000 against you for violations of section 623 of the Federal Credit Reporting Act. 15 U.S.C. § 1681s-2 states:

Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

As I disputed the accuracy of your reporting in March of this year, you are required to report this account as disputed with any and all consumer reporting agency (CRAs) to which you report. To date, I have found no examples of compliance, and three separate examples of non-compliance (specifically, reporting to TransUnion, Experian and Equifax). Should you have any questions, I have obtained copies of all three reports and copies of correspondence as evidence.

I hope that you give my request the attention it deserves and contact me as soon as possible. I'm sure you will agree that ignoring this request could put your company at risk of civil liability and diminished shareholder returns. While I prefer not to litigate, both Federal and California laws provide me the opportunity to seek relief in any qualified state or federal court of my choosing, and I will utilize the courts as necessary to enforce my rights.


Sincerely yours,

ME


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