Author Topic: NEED A LETTER LOOKED AT FOR ITS  (Read 1933 times)

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sdeperte

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NEED A LETTER LOOKED AT FOR ITS
« on: April 16, 2008 06:43:08 PM »
I think I did everything correct please let me know what i can do to make this letter stronger, I have the conversations recorded also



AAS Debt Recovery                                                                          April 16, 2008
Attn Mr. Frank Gussey


On or about Friday March 7th 2008, I noticed a negative trade line added to my Trans Union credit report from AAS Debt Recovery.
I had previously received a letter from them stating they were colleting on a debt for Pay Day Loans Corp. I contacted AAS Debt Recovery and spoke to a Mr. Hand; I stated that I had sent a letter of validation to Pay Day Loans Corp. on or about March 14th 2008. He stated that they did not receive the letter of validation, but would fax me the information I requested. I informed Mr. Hand that during the time of validation, a trade line couldn’t be added for 30 days. He was fine with this. I informed him of the trade line on my Trans Union Credit Report, and Mr. Hand stated that he would have it removed. I agreed upon review of the validation to pay the debt with the intention of never having the debt show on my credit report. Mr. Hand stated that he would speak to his manager and fax over a letter stating they were removing the trade line; it would take a few days.
On Tuesday I called back to inquire about the trade line and as to why I didn’t receive the letter he had promised. I was told he couldn’t do anything about the trade line, and it would remain on my credit report. I asked him about the agreement that we had made and he stated that he wasn’t able to honor it that “Deleting a trade line from a credit report that is valid violates the agreement with the credit reporting agency’s” With that I asked to speak with his supervisor, with whom I left a voicemail stating that what was agreed to, and not honored.  I also informed them that both conversations with Mr. Hand had been recorded.
About an hour latter I received a call from Mr. Frank Gussey stating he was the owner and that he would have the item immediately removed from my credit report. He stated that this was a “Unique” situation, and that he wanted to resolve this matter. I agreed to honor my previous offer of deleting the trade line in exchange for the debt paid on April 20th 2008.
I am seeking an amount of one thousand dollars for the violation of the Fair Debt Collections Practice Act revised 2007.  FDCPA Section 807 states, " A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt."
The lie cannot be knowing or unintentional (under the Strict Liability standard) and it cannot be a "half-truth" (Under the Least Sophisticated Consumer standard).
Mr. Hand was incorrect no where with in the agreement with the credit reporting agency does it state that it is a violation of contract to agree to delete a trade line from a consumers credit report.
You have fifteen (15) days to forward a check for one thousand dollars ($1,000) to me for your violations. If it is not received within fifteen (15) days, I will file suit, as well as file complaints with the Federal Trade Commission, the Attorney Generals of Pennsylvania and the Better Business Bureau.

Doctor Evil

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Re: NEED A LETTER LOOKED AT FOR ITS
« Reply #1 on: April 16, 2008 06:46:11 PM »
You should attach a copy of the written agreement where they would remove the trade line. 



sdeperte

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Re: NEED A LETTER LOOKED AT FOR ITS
« Reply #2 on: April 16, 2008 07:08:35 PM »
they never sent it to me, but what about the content of the letter, should I include a CD of the conversation?

debtonator

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Re: NEED A LETTER LOOKED AT FOR ITS
« Reply #3 on: April 16, 2008 07:49:16 PM »
Doc is pulling your leg a tad.

I think he meant to say You should attach You should have ask for a copy of the written agreement where they would remove the trade line.

Always do this; get it in writing is the morale of Docs post.

If you have the audio file on CD...Exhibit A.

Also check your PA consumer state laws to include their Fair and Deceptive Trade Practices Act for violations.

Cheers

You have to learn the rules of the game. And then you have to play better than anyone else. ~ Albert Einstein

Never interrupt your enemy when he is making a mistake.

If you want to be a winner; surround yourself with winners.

sdeperte

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Re: NEED A LETTER LOOKED AT FOR ITS
« Reply #4 on: April 16, 2008 08:05:38 PM »
I guess what i am asking, is this letter acceptable what other things should I add/ delete?

this is a big step for me, also should I fill out a summons to send along with the letter?

debtonator

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Re: NEED A LETTER LOOKED AT FOR ITS
« Reply #5 on: April 16, 2008 08:32:12 PM »
Quote
I guess what i am asking, is this letter acceptable what other things should I add/ delete?
The best recent example of a ITS/settlement letter I have seen was written by dls...search his posts. I recommend that as a great model.

Quote
this is a big step for me, also should I fill out a summons sample complaint <emphasis mine] to send along with the letter?
If you want it to get any attention; absolutely. I might add that even though you may intend to file in small claims make the complaint a District Court complaint. Let them think what they may.

Cheers


You have to learn the rules of the game. And then you have to play better than anyone else. ~ Albert Einstein

Never interrupt your enemy when he is making a mistake.

If you want to be a winner; surround yourself with winners.

 

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