LITIGIOUS LOON LETTERS

LITIGIOUS LOON LETTERS
for OC and CAs

These letters (except the last are modeled after Randy Padawer, Ph.D. “Nutcase Letter Series”. The #5 letter was modeled after Billie E. Bauer’s “Knockout Letter”.

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NOTE this is for a FULLY PAID creditor that has left negative animations  on your CRs, NOT a Dispute!

Please MODIFY for the situation and the receiver (OC, CA or CRA’s)

and — — USE YOUR OWN WORDS!

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Litigious Loon Letters work best with paid/closed accounts for which there was serious delinquency one or more times.

The Litigious Loon Letters are aimed at forcing a fully paid creditor to demonstrate that the late-payment notations in your credit file are:

a) provably correct;

b) do not violate your civil rights;

c) have not been associated with an “encumbered” consumer protection issue, and

d) doesn’t reference a transaction that was part of an insurance dispute.

The Litigious Loon Letters are a polite but escalating series of letters requesting information. They are designed to compel the CA to wonder what you plan to do next. Are you going to sue? Are you a “litigious loon”? Often CA and OC would rather delete a severe late mark than risk or waste time with you.  Essentially you are pestering them as they have pestered you – only legally.

Sometimes the ENTIRE tradeline is removed. Some believe that taking the entire tradeline is worse on your credit scores than leaving the bad notations. This may be true, but remember that  late payments are an anathema to mortgage companies.

The Litigious Loon Letters use polite and matter-of-fact language. The letters DON’T DISPUTE the original debt’s validity at all. The letters dispute the validity of the NEGATIVE TRADELINE NOTATIONS.  They do this by hinting at one or more violations of consumer protection laws. It is a perfectly legal letter whose object is to present oneself as a “litigious loon” who has some plan that will cost them money.  Someone who should be dismissed as cheaply and quickly as possible.

1) Litigious Loon Letter One

[YOUR NAME]
[YOUR ADDRESS]

Phone: [YOUR PHONE NUMBER]
Fax: [YOUR FAX NUMBER]
Date of Birth: [YOUR DATE OF BIRTH]
Social Security Number: [YOUR SOCIAL SECURITY NUMBER]
Tradeline Account Number: [ACCOUNT NUMBER]

[BILL COLLECTORS NAME]
[COLLECTION AGENCY NAME]
[COLLECTION AGENCY ADDRESS]

Name of OC: [NAME OF ORIGINAL CREDITOR]

[TODAY’S DATE]

Hello:

Please validate all my tradeline notations that you have submitted to all major credit reporting agencies by

• the name of the collection agency, or
• the name of original creditor for me.  (if sent to a CA)

Sincerely,

[YOUR SIGNATURE]

[YOUR NAME]

2) Litigious Loon Letter 2

[YOUR NAME]
[YOUR ADDRESS]

Phone: [YOUR PHONE NUMBER]
Fax: [YOUR FAX NUMBER]
Date of Birth: [YOUR DATE OF BIRTH]
Social Security Number: [YOUR SOCIAL SECURITY NUMBER]
Tradeline Account Number: [ACCOUNT NUMBER]

[BILL COLLECTORS NAME]
[COLLECTION AGENCY NAME]
[COLLECTION AGENCY ADDRESS]

Name of OC: [NAME OF ORIGINAL CREDITOR]

[TODAY’S DATE]

Hello:

I have read about all the possible inaccuracies in credit reports. I demand that the validation I lawfully request be in the form of a notarized statement by the original individuals with knowledge of the debt  as it was originally created and who can testify that the debt was legally incurred and it was not disputed as a result of returned item(s), faulty item(s), or recalled products.

Please also have the original individuals testify in a notarized statement that reported tradeline was not utilized as a profit-loss tax deduction during the period it was payable  and was not claimed as a loss with any insurance company during the period it may have been payable.

I am not  requesting a verification of  my mailing address; rather, I  am requesting competent evidence that I had  contractual obligation without breaking any consumer laws incurring when the original claims with this tradeline were made.

Enclosed are two documents that verify my address:

1. a copy of my [STATE, i.e. North Carolina] Driver’s License and
2. a copy of a recent [NAME OF UTILITY] statement of mine.

You have 30 days from the tracked and confirmed delivery of this legal notice to answer these demands or to remove the negative tradeline notations from all three credit bureau reports.

Any other action can be considered evidence of your intent to curtail one or more of my civil or other constitutional rights.

Please be  advised that continued unsupported reports of possible inaccuracies to other parties could provide support for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

I look forward to a timely resolution in this matter.

Sincerely,

[YOUR SIGNATURE]

[YOUR NAME]

3) Litigious Loon Letter Three

[YOUR NAME]
[YOUR ADDRESS]

Phone: [YOUR PHONE NUMBER]
Fax: [YOUR FAX NUMBER]
Date of Birth: [YOUR DATE OF BIRTH]
Social Security Number: [YOUR SOCIAL SECURITY NUMBER]
Tradeline Account Number: [ACCOUNT NUMBER]

[BILL COLLECTORS NAME]
[COLLECTION AGENCY NAME]
[COLLECTION AGENCY ADDRESS]

Name of OC: [NAME OF ORIGINAL CREDITOR]

[TODAY’S DATE]

RE: Account # [ACCOUNT NUMBER]

Dear [COLLECTER’S NAME]:

Once again, I am requesting that you validate all my tradeline notations that

you have submitted to all three major credit reporting agencies by [DATE] for me,

[YOUR NAME], for account number [ACCOUNT NUMBER].

I have received your correspondence postmarked [DATE]. You state that it is your opinion that the account is reporting accurately. I do not believe that is true.

I have contacted the supposed creditor, [NAME OF OC]. They claim that the account is “an open account and paying as agreed.”  This is THEIR understanding of the reporting on my tradeline. The problem is your credit reporting is not a reflection of the confirmed status of the [OC]. This means you are reporting incorrect information to the credit bureaus.

If you do not cease and desist reporting of the incorrect information AND make necessary corrections, I will be forced to take further action. Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act have caused harm to me by seriously affecting my credit rating, causing the denial of credit to me, as well as being charged higher interest rates and unfavorable loan terms.

The FTC has maintained that incorrect credit reporting is the legal
equivalent of prohibited collection activity.  I assume that you cannot validate
this debt.  I demand that you cease and desist any and all collection efforts
associated with the referenced account to maintain the highest records of accuracy and to maintain and collect only valid debts.

You are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act?

FDCPA:

Ҥ 813. Civil liability [15 U.S.C. k] (a) Except as otherwise provided by this

section, any debt collector who fails to comply with any provision of this title

with respect to any person is liable to such person in an amount equal to the sum

of — (1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as

the court may allow”

FCRA:

“§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a)

Any person or company who willfully fails to comply with requirements imposed under this title with respect to any consumer, is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000.”

“§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general

Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of-

(1) any actual damages sustained by the consumer as a result of the failure; and

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney’s fees as determined by the court.

(b) Attorney’s fees

On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney’s fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

I state:

You have failed to send me the legally required validation for this debt. I have notified you that your actions are:

1. detrimental to me, and
2. and you have violated the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act.

Your agency should have known that the actions taken against me and the
information collected about me is inappropriate and damaging. Failing to
use reasonable care in the course of business and failing to use even minimal procedures to ensure that I was not harmed has caused me distress.

You have claimed and are continuing to claim incorrect and defamatory information to other parties including but not limited to, Equifax, Experian, and Trans Union.

Resulting of these blatantly reckless and intentional acts, I have suffered and continue to suffer damages. I am also quite upset at your company’s intentional infliction of emotional distress that diminishes of the quality of my life and refusal to follow the law.

Please understand that I am concerned regarding the harmful results of the actions your company have taken. Be advised that, if this matter is not resolved quickly, I will take all necessary steps to protect my rights.

This will be your last opportunity to resolve this issue.

The following item(s) must be deleted from my credit files with all major credit reporting bureaus (Equifax, Experian, Trans Union) within 7 days from this tracked and certified-receipt of this letter.  Forward a letter to me by U.S. mail stating it has been removed and will not reappear on my credit reports again. I accept nothing less.

Please be aware, if these accounts are not deleted within 7 days of receipt, I will file a formal complaint with the Federal Trade Commission, my state’s Banking and Finance Bureau, [YOUR STATE’S] Attorney General, my personal Representative in congress and the Better Business Bureau. Also, note that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan).

As per 15 U.S.C. et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence for any future action.

Thank you, and I look forward to you resolving this quickly.

Sincerely,

[YOUR SIGNATURE]

[YOUR NAME]

4) Litigious Loon Letter Four

[YOUR NAME]
[YOUR ADDRESS]

Phone: [YOUR PHONE NUMBER]
Fax: [YOUR FAX NUMBER]
Date of Birth: [YOUR DATE OF BIRTH]
Social Security Number: [YOUR SOCIAL SECURITY NUMBER]
Tradeline Account Number: [ACCOUNT NUMBER]

[BILL COLLECTORS NAME]
[COLLECTION AGENCY NAME]
[COLLECTION AGENCY ADDRESS]

Name of OC: [NAME OF ORIGINAL CREDITOR]

[TODAY’S DATE]

Dear Mr. [NAME OF COLLECTOR]:

I have received a message at my residence regarding resolving the above-referenced account.

My previous letter, submitted certified receipt, mailed on [DATE], outlines what actions need to be taken. I have also called you and left a message on your voice mail.

I have requested that all contact be in the form of written correspondence, I attempted to again contact you via telephone at the number given [PHONE NUMBER] to resolve this matter in both our best interests. It appears that you do not answer or return calls.

Let me AGAIN outline what actions need to be taken.

You have not validated the above referenced tradeline within the given timeframe, you are to immediately delete this incorrect account, in the form of a Universal Data Form, from files with the three major credit bureaus (Equifax, Experian, and TransUnion), and fax to [YOUR FAX NUMBER] proof of the deletion to me immediately!

Since you cannot or will not validate this tradeline, it is lawful for me to  assume that you are unable to verify this account with the credit reporting agencies.

Also, note that section 1681s-2(b) of the Fair Credit Reporting Act gives cause for action to a consumer against the furnisher of erroneous credit information.(Nelson v. Chase Manhattan).

Failure to comply with my requests will result in an expensive legal battle with your company. As an educated individual, I am not required to have council, but as a company you are required to have council to defend your interests. This matter can be resolved easily without such action.

As per 15 U.S.C. et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence for any future action.

Thank you, please resolve this matter quickly, as time is of the essence.

Sincerely,

[YOUR SIGNATURE]

[YOUR NAME]

5) Litigious Loon Letter Five

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This letter is modeled after Billie E. Bauer’s “Knockout Letter”.

It DOESN’T make any claims.

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NOTE: This letter can be used before after or in conjunction with the other letters, or not used at all. It is meant to be aggressive and scare the OC or CA

[YOUR NAME]
[YOUR ADDRESS]

Phone: [YOUR PHONE NUMBER]
Fax: [YOUR FAX NUMBER]
Date of Birth: [YOUR DATE OF BIRTH]
Social Security Number: [YOUR SOCIAL SECURITY NUMBER]
Tradeline Account Number: [ACCOUNT NUMBER]

[BILL COLLECTORS NAME]
[COLLECTION AGENCY NAME]
[COLLECTION AGENCY ADDRESS]

Name of OC: [NAME OF ORIGINAL CREDITOR]

[TODAY’S DATE]

Dear Mr. [NAME OF COLLECTOR]:

To whom it may concern:

I understand that you have placed a derogatory remark on my

credit reports after I paid you what you claimed that I owed

you and [OC].

I believed that you would do the honorable thing which is to remove your nasty and derogatory comments from my credit reports.  You have not only failed to do so, but actually changed my listing to paid charge-off – a far worse rating for potential future creditors.

The Doctrine of Estoppel directly applies to this type of situation and is a cause and more than sufficient grounds for my pending lawsuit against you for punitive damages in whatever amount a jury might deem appropriate for your violation of the estoppel doctrine of law.

For Doctrine of Estoppel to apply, the collector must have made a statement or engaged in some conduct which I have acted and relied on which later proved to be to my detriment or prejudice.

In communications with you, you claimed that you would update my credit reports upon me paying the debt to you. I assumed and relied upon this claim to mean that you would mark the account as “paid as agreed” or even remove it entirely.

I am confident a court of law will agree that such is a reasonable assumption for an average debtor to make. Upon that assumption I had agreed to pay the debt and did so on [DATE]. INSTEAD you actually worsened my credit scores and that which is not only detrimental but prejudice and provides me with grounds to sue you for the full amount I paid plus any attorney fees, any court costs and whatever additional punitive damages a jury might award. It is my understanding juries do not favor collection agencies.

If you don’t fix your error(s) and remove your derogatory remarks from my public records within 15 days of your receipt of this certified, return-receipt letter and provide proof of your responsiveness to my demand in the form of mailing me a copy of your UDF forms to which you have transmitted to all the credit bureaus demanding its removal as an error, I shall file against you in a court with jury trial demanded.

I am aware that you have a contractural agreement with the credit bureaus which covers this problem that supposedly prevents you from being compliant to my demands. A contract which is in violation of the law is null and void and is of no effect whatever and cannot be enforced either by you or upon you. Your so-called contract with the credit bureaus will not protect you from your pertinacious violations of my rights which are protected by the Doctrine of Estoppel.

If you fail to provide me with proof of you having fixed the problem within 15 days after receiving this certified, return-receipt receipt letter, I will have reason to take you to the courts for a resolution.

You may believe that I have no right due to the way FCRA is worded.  Llet me assure you that such beliefs are quite ungrounded. This has been pointed out by the ruling of the U.S. 9th Cir. Ct. of Appeals in the case of Nelson v Chase, March 3, 2002 in which the court pointed out that Section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information. My pending suit will NOT be about FDCPA nor FCRA but about how you have damaged me after I acted in good faith in dealing with you.

Fix this or be sued. It’s up to you.

Sincerely,

[YOUR SIGNATURE]

[YOUR NAME]

Enclosure:

Notice of intent to sue

Waiver of service of summons

PLEASE! Refer your friends to Cameron Bankruptcy Law or write a brief online review!

(919) 627-7748