MY VOD TO A FEDERAL CREDIT UNION - PLEASE CRITIQUE!!!

This is a letter to a Federal Credit Union for the same account TransUnion deleted from my credit reports for being an unverifiable account.



______________________________

Cute Chick

123 Big Apple Way

New York, NY 10000



VIA USPS CERTIFIED MAIL – RETURN RECEIPT REQUESTED



October 7, 2004



David W. Buckley, Esq.

Deso, Thomas, Buckley & Stien, P.C.

1828 L Street, N.W.

Suite 660

Washington, D.C. 20036



RE: HUD Federal Credit Union Account No. 32030L01



Dear Mr. Buckley:



Thank you for giving me the payoff balance for this account. However, it has come to my attention that your client, HUD Federal Credit Union ("HUD FCU" or "your client"), has failed to confirm the validity of the alleged debt associated with this alleged loan account.



On or about January 3, 2004, TransUnion Credit Bureau ("TransUnion") responded to my request to contact your client and determine the validity of this alleged debt. TransUnion launched their thirty (30) day reinvestigation process on that date pursuant to 15 USC 1681(i)(a) of the Fair Credit Reporting Act. At the conclusion of this reinvestigation, TransUnion determined that this debt could not be verified and deleted/removed this account from all of my credit reports, including my TransUnion credit report. A copy of TransUnion's reinvestigation result is attached to this letter.



In addition, 15 USC 1692(g)(a) of the Fair Debt Collections Practices Act ("FDCPA") requires a debt collector to furnish a "written notice containing, 1) the amount of the debt; 2) the name of the creditor to whom the debt is owed; 3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; 4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt. . . and a copy of such verification . . .will be mailed to the consumer by the debt collector. . . ." It should be noted that a debt collector is anyone, other than the creditor, who regularly collects debts for others, which includes attorneys who regularly collect debts. See Heintz v. Jenkins, U.S.Ill.1995, 115 S.Ct. 1489, 514 U.S. 291, 131 L.Ed.2d 395 (Fair Debt Collection Practices Act applied to lawyer regularly engaged in consumer debt-collection litigation on behalf of creditor client).



Your initial letter to me dated February 22, 2004 did not comply with 15 USC 1692(g) (a) of the FDCPA. Although it contained a printout of the various debits and credits made to this transaction account, your letter did not include a statement pertaining to my right to demand verification of this alleged debt. Furthermore, 15 USC 1692(g) (b) requires a debt collector to cease and desist collection of the alleged debt unless and until the debt collector verifies the debt. You violated the FDCPA by sending several demand letters to my home address and email account subsequent to my January 2004 request, via TransUnion, to verify the debt and after TransUnion deleted this unverifiable account from my credit reports. It should also be noted that, under 15 USC 1692(k), your failure to comply with the FDCPA could cause you and/or your law firm to be liable for my actual and pecuniary harm resulting from your debt collection practices.



Therefore, I request that you kindly comply with the provisions of the FDCPA and either discontinue all collection activity on this alleged account or provide certified verification of this alleged debt. Certified Verification generally includes, but is not limited to, a 1) written statement 2) signed by an authorized representative of an alleged creditor who has actual firsthand knowledge of the alleged debt and 3) sworn or certified before a licensed notary public under the penalty of perjury stating that the alleged creditor has a 4) valid and legally enforceable contractual claim against me (this is usually shown by furnishing an original unaltered agreement or promissory note, bearing my original signature, with said original document based on mutual assent. Mutual assent generally exists in this context when the creditor has provided full disclosure of material facts of the costs and risks of the alleged transaction pursuant to the Federal Truth In Lending Act) and a 5) legal right to collect the debt from me, which usually exists when the creditor has possession of the original valid and legally enforceable agreement and/or promissory note bearing my signature.



Please note that I am not being evasive here and I am more than willing to give your client legal tender to discharge this loan account in full once certified verification of this debt is provided to me.





Sincerely,







Cute Chick





Encl: Copy of TransUnion Reinvestigation Report dated January 12, 2004



*** I also plan to send Jerseee's Affidavit of Service via the USPS with this letter

_____________________________



Quick question though - I noticed that Experian is still reporting this account on my credit report even though TransUnion and Equifax deleted this account from my credit files. Must Experian automatically follow suit and delete this account too? I plan to send a copy of this letter to Experian.

[gregtu]

Send a copy to Experian as well. Good letter!!!!

Originally Posted by gregtu

Send a copy to Experian as well. Good letter!!!!

Yes Gregtu I will! But must Experian automatically remove this from my credit reports or will the conduct another investigation?

[KaosTheory]

This is interesting. I thought that Credit Unions were required to be fully funded and were suppose to lend their on assets. If this is true, then you might be getting an actual validation from them.

[gregtu]

If they don't sue them!!! I believe they will remove it though. I know that if E-fax delete it, they will notify the other CRA's....that's what has happened to me in the past.

[TheBlackTruth]

Originally Posted by KaosTheory

This is interesting. I thought that Credit Unions were required to be fully funded and were suppose to lend their on assets. If this is true, then you might be getting an actual validation from them.

<font color=darkblue face=verdana>I beg to differ!



Unless they are "lending" gold or silver (or instruments representative of like substance), they still aren't loaning you anything.



Just my opinion of course

-BT[/color]

[gregtu]

I agree with TheBlacTtruth.

Originally Posted by KaosTheory

This is interesting. I thought that Credit Unions were required to be fully funded and were suppose to lend their on assets. If this is true, then you might be getting an actual validation from them.

Well if this is the case, they why didn't they verify the debt back in January??

Originally Posted by gregtu

If they don't sue them!!! I believe they will remove it though. I know that if E-fax delete it, they will notify the other CRA's....that's what has happened to me in the past.

Well that's just it! TransUnion conducted the investigation and deleted it from their reports. TU also contacted Experian who did the same. I don't know if E-fax was contacted (I'm assuming they were not contacted by TU right now), but I informed them of the error in my VOD letter to E-fax on Monday. So must E-fax delete this right away, without having to conduct their own investigation??

[dashboy]

Credit Unions operate just like regular banks. They steal, lie, cheat, rob, deprive, and even murder! Sorry for the rant!

This changed for them back in the early 80's. They were chartered to use whats called SHARE DRAFTS. I was just trying to do my own investigation on a particular credit union and found this out. I will look up the exact info and post it.

dashboy!