Re: CBCS "Tacked On" a $37 "FEE" ???

Posted by John (63.174.218.5) on January 13, 2004 at 16:50:42:

In Reply to: Re: CBCS "Tacked On" a $37 "FEE" ??? posted by scott on January 13, 2004 at 16:22:06:

Oh don't worry, I am threatening them with legal action (I have free legal services from work) on Jan 31, 2004. Here's my letter sent via certified mail today:

I will be filing suit on January 31, 2004 against Cingular Wireless and CBCS.

You have damaged my name, and my credit by having derogatory information entered into my credit file. After multiple letters and phone calls to both Cingular and CBCS you continue to act as if I am at fault for your mistakes. Additionally, I have learned that CBCS has violated the FDCPA by adding a $36.76 fee:

“Unfair Or Unconscionable Means. The following conduct is specifically included in the FDCPA as a violation of this section:
1. The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.”

No documentation was provided to me that had my name on it after numerous requests. There is no signature or signed contract stating that I am connected with this debt.

I demand this debt be immediately removed from all credit reporting agencies. Since I am now receiving “denial of credit” because of your mistake, I have the right to seek punitive damages against you. I will also retain a lawyer, and you will be liable for her legal expenses.

You have 2(two) weeks from today to reinstate my credit to the state it was prior to your error. Rest assured that I am not playing, and this is no hoax. I will name Cingular Wireless, CBCS, and the signer for this letter as defendants, then seek judgments against all three.

Sincerely...

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