nissandave
Member
What is the name of your state? NC
Here's the story:
http://www.creditboards.com/phpBB2/viewtopic.php?t=15838
Now, I am sorta skeptical about exactly what to expect and demand for. So I tried to create a "I got you by the b***s so what do you want to do to get me to release my grip?" kind of letter. Here it is. I think it may be a little choppy and confusing. Now keep in mind, I will also be sending an indentical copy from my wife.
***** ********
*** ****** **
****** ** *****
Idiot Mortgage Company
PO Box 00
Idiot-town, US 00000
November 12, 2003
Account # ********-*
Dear Idiot Mortgage Representative:
You are inaccurately and incompletely furnishing negative information regarding the above-referenced account to the major CRA's in violation of the reporting requirements of the FCRA and for which you are responsible.
I am presently in the process of disputing the above-referenced account and its reported information with the consumer reporting agencies.
I dispute your information included in the tradeline of the above referenced account as being inaccurate and an attempt to collect a discharged debt. More importantly, this is a violation of US Bankruptcy Code, in that the 3 seperate tradelines with the above referenced account are reporting as 120+ days past due and with a $43,000+ balance. This inaccurate furnishing of information is also in violation of FCRA, Section 623 (15 U.S.C. §1681s-2). Consequences of this willful and neglectful handling of the above referenced discharged debt may be found in Sections 616 and 617 of the FCRA.
Additionally, since filing and receiving a Chapter 7 bankruptcy discharge, I have received monthly statements trying to collect on this discharged debt, in violation of US Bankruptcy Code. On October 31, 2002, my attorney was mailed a letter from First Idiot Mortgage referencing the bankruptcy by case number which stated effective January 7, 2002, First Idiot Mortgage became a division of Idiot Mortgage Company. Since the following month (February, 2002), I have been receiving written attempts to collect on this discharged debt while your company had knowledge of my bankruptcy discharge. This is in violation of US Bankruptcy Code, title 11, chapter 5, subchapter 2, section 524. In March, 2003, Idiot Mortgage Company initiated an inquiry into my Equifax credit report which referenced the chapter 7 bankruptcy. Furthermore, I sent two certified letters on May 28, 2003, referencing the bankruptcy, including filing date, discharge date, location of court, and the case number. However, Idiot Mortgage again sent me monthly written attempts to collect on the discharged debt on the statement dates of June 16, 2003, July 16, 2003, and August 18, 2003, i.e. neglectfully ignoring the US Bankruptcy Code. In my current possession are two certified return signature receipts which are referenced with the signatures of **** ********* and **** ****** proving the mailing and delivery of these above mentioned letters. On July 29,2003, I mailed your company a copy of the actual bankruptcy discharge and final decree. Still Idiot Mortgage neglectfully failed to observe and comply with the US Bankruptcy Code.
In June, July, and August of 2003, Idiot Mortgage reported to the credit bureaus a non-payment/late payment status on the above referenced discharged debt. Again, this activity is in violation of US Bankruptcy Code, title 11, chapter 5, subchapter 2, section 524, as well as FCRA, section 623.
Currently, my credit score has suffered greatly as a direct result of your inaccurate information given neglectfully to the credit bureaus. Your continued, neglectful, and willing violation of US Bankruptcy Code has caused me tremendous mental disturbance and distress. Additionally, all above referenced actions have severly hampered by ability to secure other credit lines with reasonable terms.
In summary, your company has:
* Made 15 illegal and/or inaccurate reports to three seperate credit bureaus: Three months late listings of payments of a discharged debt at each credit bureau, three seperate inaccurate listings of a balance on the discharged debt (should be 0, per US Bankruptcy Code), and three seperate inaccurate listings of the discharged debt (should be "Included in bankruptcy")
* Made 7 months of illegal attempts to collect on a disharged debt, by sending written attempts to collect.
* Made 3 seperate illegal/inaccurate listings on my credit reports, i.e. viewed as illegal attempts to collect on a discharged debt.
Should you not be able or willing to provide me with a favorable response within the next 30 days, I must seek legal counsel and remedies at my time of convenience and choosing. Additionally, you are formally warned against trying to collect any deficiency of the balance of the discharged debt, as well as incorrectly reporting to the IRS that any amounts are personal income of the original loan holders instead of amounts of a discharged debt.
I expect final resolution of this matter within 30 days and look forward to receiving written confirmation of my request as well as written confirmation of Idiot Mortgage's intended actions.
Sincerely,
Mr. Lawnmower
Attachments:
Bankruptcy Discharge
Bankruptcy Final Decree
Copy of Equifax Inquiries
Copy of Incorrect/Inaccurate Listed Account
Letter Dated May 28, 2003
Letter Dated July 29, 2003
Copy of 2 Certfied Mail Signature Return Cards
Copy of June 16, 2003 Loan Statement
Copy of July 16, 2003 Loan Statement with the notation of "We are a debt collector. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose."
Copy of August 18, 2003 Loan Statement with the notation of "We are a debt collector. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose."
Copy of Letter to Attorney Regarding Idiot Mortgage's Acquistion of First Idiot Mortgage with the bankruptcy and case number referenced.
Here's the story:
http://www.creditboards.com/phpBB2/viewtopic.php?t=15838
Now, I am sorta skeptical about exactly what to expect and demand for. So I tried to create a "I got you by the b***s so what do you want to do to get me to release my grip?" kind of letter. Here it is. I think it may be a little choppy and confusing. Now keep in mind, I will also be sending an indentical copy from my wife.
***** ********
*** ****** **
****** ** *****
Idiot Mortgage Company
PO Box 00
Idiot-town, US 00000
November 12, 2003
Account # ********-*
Dear Idiot Mortgage Representative:
You are inaccurately and incompletely furnishing negative information regarding the above-referenced account to the major CRA's in violation of the reporting requirements of the FCRA and for which you are responsible.
I am presently in the process of disputing the above-referenced account and its reported information with the consumer reporting agencies.
I dispute your information included in the tradeline of the above referenced account as being inaccurate and an attempt to collect a discharged debt. More importantly, this is a violation of US Bankruptcy Code, in that the 3 seperate tradelines with the above referenced account are reporting as 120+ days past due and with a $43,000+ balance. This inaccurate furnishing of information is also in violation of FCRA, Section 623 (15 U.S.C. §1681s-2). Consequences of this willful and neglectful handling of the above referenced discharged debt may be found in Sections 616 and 617 of the FCRA.
Additionally, since filing and receiving a Chapter 7 bankruptcy discharge, I have received monthly statements trying to collect on this discharged debt, in violation of US Bankruptcy Code. On October 31, 2002, my attorney was mailed a letter from First Idiot Mortgage referencing the bankruptcy by case number which stated effective January 7, 2002, First Idiot Mortgage became a division of Idiot Mortgage Company. Since the following month (February, 2002), I have been receiving written attempts to collect on this discharged debt while your company had knowledge of my bankruptcy discharge. This is in violation of US Bankruptcy Code, title 11, chapter 5, subchapter 2, section 524. In March, 2003, Idiot Mortgage Company initiated an inquiry into my Equifax credit report which referenced the chapter 7 bankruptcy. Furthermore, I sent two certified letters on May 28, 2003, referencing the bankruptcy, including filing date, discharge date, location of court, and the case number. However, Idiot Mortgage again sent me monthly written attempts to collect on the discharged debt on the statement dates of June 16, 2003, July 16, 2003, and August 18, 2003, i.e. neglectfully ignoring the US Bankruptcy Code. In my current possession are two certified return signature receipts which are referenced with the signatures of **** ********* and **** ****** proving the mailing and delivery of these above mentioned letters. On July 29,2003, I mailed your company a copy of the actual bankruptcy discharge and final decree. Still Idiot Mortgage neglectfully failed to observe and comply with the US Bankruptcy Code.
In June, July, and August of 2003, Idiot Mortgage reported to the credit bureaus a non-payment/late payment status on the above referenced discharged debt. Again, this activity is in violation of US Bankruptcy Code, title 11, chapter 5, subchapter 2, section 524, as well as FCRA, section 623.
Currently, my credit score has suffered greatly as a direct result of your inaccurate information given neglectfully to the credit bureaus. Your continued, neglectful, and willing violation of US Bankruptcy Code has caused me tremendous mental disturbance and distress. Additionally, all above referenced actions have severly hampered by ability to secure other credit lines with reasonable terms.
In summary, your company has:
* Made 15 illegal and/or inaccurate reports to three seperate credit bureaus: Three months late listings of payments of a discharged debt at each credit bureau, three seperate inaccurate listings of a balance on the discharged debt (should be 0, per US Bankruptcy Code), and three seperate inaccurate listings of the discharged debt (should be "Included in bankruptcy")
* Made 7 months of illegal attempts to collect on a disharged debt, by sending written attempts to collect.
* Made 3 seperate illegal/inaccurate listings on my credit reports, i.e. viewed as illegal attempts to collect on a discharged debt.
Should you not be able or willing to provide me with a favorable response within the next 30 days, I must seek legal counsel and remedies at my time of convenience and choosing. Additionally, you are formally warned against trying to collect any deficiency of the balance of the discharged debt, as well as incorrectly reporting to the IRS that any amounts are personal income of the original loan holders instead of amounts of a discharged debt.
I expect final resolution of this matter within 30 days and look forward to receiving written confirmation of my request as well as written confirmation of Idiot Mortgage's intended actions.
Sincerely,
Mr. Lawnmower
Attachments:
Bankruptcy Discharge
Bankruptcy Final Decree
Copy of Equifax Inquiries
Copy of Incorrect/Inaccurate Listed Account
Letter Dated May 28, 2003
Letter Dated July 29, 2003
Copy of 2 Certfied Mail Signature Return Cards
Copy of June 16, 2003 Loan Statement
Copy of July 16, 2003 Loan Statement with the notation of "We are a debt collector. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose."
Copy of August 18, 2003 Loan Statement with the notation of "We are a debt collector. This communication is an attempt to collect a debt, and any information obtained will be used for that purpose."
Copy of Letter to Attorney Regarding Idiot Mortgage's Acquistion of First Idiot Mortgage with the bankruptcy and case number referenced.