Re: Nationwide Recovery Sys. - HELP CAK, Anyone

Posted by CAK (66.140.213.133) on November 25, 2003 at 23:24:30:

In Reply to: Nationwide Recovery Sys. - HELP CAK, Anyone posted by Scott on November 25, 2003 at 19:08:10:

Yes, but different wording, Your object is to get it removed from your CR. The collecion agency is really not worried about their Trade Line being on your CR. Their only concern is the money they recieve. So you must give them what they want or in this case let them keep what they've got as you've already paid them. I've used this letter, when someone has already paid off, or paid on, an account and the CA's Trade Line was not deleted or was not included in the Written Agreement.

Upon further scrutiny, I believe this account to be in err, as there is a question with regard to ownership of said account. You are hereby required to notify the Original Creditor that this account is in dispute and that alleged debtor seek remedies as provided for, pursuant to Fair Debt Collection Practices Act.

RECITALS (CENTER THIS)

1) Wherefore, as per Section 809 (b) of the Fair Debt Collection Practices Act, I am demanding validation, i.e., original instrument used bearing my signature, and a line by line ledger style accounting of this alleged account. I further demand that (Collection Agency Name) hold in escrow any and all monies paid, with regard to alleged account.

2) Wherefore, as per Section 807 (8) of the Fair Debt Collection Practices Act, I am disputing this alleged account. You are hereby required pursuant to FDCPA and the above Section, to notify all CRA's used that this account is disputed, and should do so immediately so that it appears as disputed on my Credit Report.

To avoid the burden and expense of litigation, as the above sectional violations are all $1000.00 each, and to resolve all matters that were or could have been raised by (Mr. (last name), against (CA's name), and all matters that were or could have been raised by (CA's name), against (Mr. (last name), the parties have agreed to a Mutual Release, Compromise, and Settlement, as set forth herein.

AGREEMENTS (CENTER)

(CA's name), agrees to immediately remove any and all Inquiries, Trade Lines and/or Entiries to (your name) credit profile, with regard to the alleged account. (CA's name), further agrees, that no additional Entries with regard to the alleged account, will be made, whether now known, or unknown, or hereafter discovered.

________________________________________
Collection Agency Authorized Signature Date

(your name), agrees, to allow (CA's name), to keep any and all monies paid on the alleged un-validated account, for their vested time and effort.

(Your name), agrees and covenants, not to sue (CA's name), on account of, or in connection with, any claim, cause of action, damages, or demand, which (your name) has, had, or may have in the future, against (CA's name), with regard to the alleged account.

____________________________________
Your Signature Date

In the unfortunate event that communication breaks down, we are well prepared to move forward and to escalate the afore mentioned grievous violations in the form of a Petition, to the Circuit Court of this County. The Registered Agent for your corporation will be served via the Sheriff of your County to appear in the Circuit Court of my County for violations to FDCPA.

***To simplify this matter further, you may at your option, decide that this is not worth your investment of time, money and energy, if this is your position, fill out an approved Universal Data Form, noting that the account was reported in error, and therefore should be deleted. Send to all CRA's used and copies of the same to me. Additionally, at your usual and customary time, please delete by way of Electronic Tape Filing i.e., (removal by way of data transfer) and copy me upon completion.

I would add, that it serves (CA's name) no purpose to allow your Trade Line to remain on my Credit Profile.

I will allow you as provided for in the FDCPA, 45 days to comply. Be advised that all validation and/or other pertinent information demanded, must come from the Original Creditor per FDCPA. In no event will I allow this to go beyond the 45 days, before I seek legal remedy. Your 45 day time limit commences upon your receipt of this document recording your signature.

Do not make the mistake of believing this to be a mere form letter, as I am very serious about my good credit history and will protect it by whatever legal means necessary. Additionally, do misconstrue this document as in any way giving you Permissible Purpose to view my Credit Profile.

It is at this time that I, (your name) consider the foregoing to be concluded.

Thanking you I remain,

You can change or add to this as you see fit. As always, this letter is only a suggestion of what you might say. Please check it over for spelling as I was typing at warp speed.

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