There is a book I got at
www.creditinfocenter.com called turning the tables on creditors. It tells you who you can sue and what you can sue for, also lists a chart of violations and fines associated with these violations.
This is what I composed from the information I took from the book, feel free to use it. I have exhausted my administrative remedy with these clowns because they haven't responded so I'm going to file a claim!
Via: U.S.P.S Certified Mail, Delivery Confirmation No. 7005 0390 0004 0312 1887
[April 19, 2005]
SETTLEMENT OFFER
Re: Alleged Creditor: [SHERMAN ACQUISITION L.P.]
Alleged Balance Due: $[630.00]
Alleged Reference No: [0660457752914]
Dear [SHERMAN ACQUISITION L.P.]:
Thank you for receiving this notice. I regret to inform you that your company is now the target of a lawsuit due to an endless circle of grief that you have caused me. You have violated the Fair Debt Collections Practices Act as well as the Fair Credit Reporting Act on multiple occasions. I have an extensive paper trail along with substantial proof of these violations. However, I am willing to settle this matter and save us both the aggravation of fighting this out in court. I am willing to settle this matter out of court upon:
1. A check in the amount of $2,500.00
2. Deletion of the account in question from my credit files with all credit reporting agencies public and private.
3. Receipt of a letter stating the account will be blocked from reappearing on my credit files and will not be sold or transferred to another company.
Introductory Certification
Affiant is of lawful age and competent to testify and has firsthand personal knowledge of the facts stated herein. On [February 22, 2005] your organization was sent a request for verification (Exhibit A) via U.S.P.S. Certified Mail, Return Receipt Requested (Exhibit B), Delivery Confirmation Number: 7002 2410 0002 9006 5080. This request was signed for on [February 25, 2005] by an agent of your company [D. Prevatte], thus confirming receipt. Affiant has given [SHERMAN ACQUISITION], hereinafter, DEBT COLLECTOR, ample time to correct DEBT COLLECTOR’s commercial dishonor, and DEBT COLLECTOR has dishonored Affiant’s sincere attempts. To date, Affiant has received nothing from DEBT COLLECTOR. This notice is to inform DEBT COLLECTOR in writing that fifteen (15) days from the receipt of this notice, Affiant will promptly file a claim against DEBT COLLECTOR.
COUNTS
I DEBT COLLECTOR reported Affiant’s credit history inaccurately resulting in financial injury and defamation of character.
Precedent/Law: US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan
Fine: Extent of damages incurred by wronged party as deemed by the courts
II Affiant disputed alleged debt and DEBT COLLECTOR failed to report it as disputed to credit bureaus.
Precedent/Law: FCRA Section 623
Fine: $1,000.00
III Affiant disputed alleged debt, DEBT COLLECTOR failed to validate alleged debt, however DEBT COLLECTOR continued to pursue collection efforts violating Affiants consumer protection rights afforded by the FDCPA.
Precedent/Law: FDCPA Section 809(b)
Fine: $1,000.00
If you wish to settle this matter, you may contact me at the address listed at the top of the page. If you decline this offer of settlement, I will seek the full amount available in the county court and a court order from the judge ordering the information to be removed. I do look forward to your response.
Until then it is my pleasure to be .. .. ..
Jaylon
I declare that the foregoing is true, correct and complete under penalty of perjury.
Enclosures: Exhibit A – Correspondence Dated 2/22/05 with U.S.P.S. return receipt verifying DEBT COLLECTOR’s receipt, Exhibit B – Copy of recent Credit Report showing DEBT COLLECTOR is inaccurately reporting unverified account, Exhibit C – DEBT COLLECTOR’s attempt to pursue collection efforts via third party without verifying alleged debt, Exhibit D – Affidavit of Non-response
SETTLEMENT OFFER # JMJ-041905-SA