391 lines
26 KiB
HTML
391 lines
26 KiB
HTML
<div style="text-align:justify; text-justify: inter-word;">
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CRA REPORT# <span style="background-color: #FFFF00">__CRA_REPORT__</span> <br/><br/>
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My First & LAST name,My Street NUMBER & Street NAME ,and My City and State are as Follows: <br/>
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<span style="background-color: #FFFF00">__FIRST_NAME__ __LAST_NAME__, __STREET_NO__ __STREET_NAME__, __CITY__, __STATE__</span> <br/><br/>
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TODAY IS __TODAY__
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<br/><br/>
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****To begin, I would like to ensure you have and ONLY
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RETAIN current, TRUE, CORRECT, COMPLETE,and MANDATED REPORTED information per
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FCRA regulations,any and all others I DEMAND,as is my lawful RIGHT(s) to do so,that you annul
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and and all deficient of any condition,mentioned or not! I DO NOT AUTHORIZE you to mis-report
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any mis-information now or ever,please review and ENSURE your adequate and full accordance to
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the laws upon which govern your practice of reporting consumer credit profiles.
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<br/><br/>
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(a)I do NOT have any requisite OTHER NAMES or aliases and I do NOT desire any OTHER NAMES
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or aliases to be retained or reported, if ANY DELETE NOW or produce PROOF of your legitimate
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AUTHORITY to retain much less report without infringing my consumer rights.
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<br/><br/>
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(b)I do NOT have any requisite OTHER CURRENT addresses and I do NOT desire any
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OTHER ADDRESSES to be retained or reported, if ANY DELETE NOW or produce PROOF of your
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legitimate AUTHORITY to retain much less report without infringing my consumer rights
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<br/><br/>
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(c )I do NOT have any requisite OTHER SSNs and I do NOT desire any OTHER SSNs to be
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retained or reported, if ANY DELETE NOW or product PROOF of your legitimate
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AUTHORITY to retain much less report without infringing my consumer rights.
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<br/><br/>
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(d)I do NOT have any requisite OTHER Dates of Birth and I do NOT desire any OTHER Dates of
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Birth to be retained or reported, if ANY DELETE NOW or product PROOF of your legitimate
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AUTHORITY to retain much less report without infringing my consumer rights.
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<br/><br/>
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(e)I do NOT have any requisite telephone numbers and I do NOT desire any telephone
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numbers to be retained or reported, if ANY DELETE NOW or product PROOF of your
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legitimate AUTHORITY to retain much less report without infringing my consumer rights.
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<br/><br/>
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(f)I do NOT have any requisite employers and I do NOT desire any employers to be retained or
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reported, if ANY DELETE NOW or product PROOF of your legitimate AUTHORITY to retain much
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less report without infringing my consumer rights.
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<br/><br/>
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(g)I do NOT have any requisite spouses/ roommates/ co-applicants
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and I do NOT desire any spouses/ roommates/ co-applicants to be retained or reported, if ANY
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DELETE NOW or product PROOF of your legitimate AUTHORITY to retain much less report
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without infringing my consumer rights.
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<br/><br/>
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(h)I do NOT have any requisite telephone numbers and I do NOT desire any telephone
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numbers to be retained or reported, if ANY DELETE NOW or product PROOF of your
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legitimate AUTHORITY to retain much less report without infringing my consumer right
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<br/><br/>
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MY PERSONAL 20-digit TRACKING NUMBER IS : <span style="background-color: #FFFF00">__PERSONAL_TRACKING_NUMBER__</span>
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<br/><br/>
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<span style="background-color: #FFFF00">__credit_bureau_name_address__</span>
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<br/><br/>
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<b>
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To WHOM it should concern,ideally the one responsible shall I seek civil justice upon
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your continued misreporting,</b>
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<br/>
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Re: alleged yet NOT proven true,NOT correct, NOT complete,NOT Timely,NOT of my
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ownership,NOT of my responsibility,NOT with appropriately achieved permissible purpose, NOT
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FCRA compliant, and or NOT METRO 2 COMPLIANT claim of charge off as follows:
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<br/><br/>
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ALLEGED account# OF yet unproven and illegally NOT PROVEN COMPLIANT COLLECTION :
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<br/><span style="background-color: #FFFF00">__alleged__</span>
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<br/><br/>
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BEFORE WE BEGIN,TAKE CLEAR NOTICE THAT I AM AN EDUCATED AND LEARNED STUDENT
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OF MY CONSUMER AND ALSO MY CIVIL RIGHTS,LITIGATION IS NOT MY ENEMY BUT MY ALLI .If
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you are confused as to the legal ramifications OF BEING DEFICIENT OF NOT ONLY COMPLIANCE
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BUT PROVEN COMPLIANCE AS WELL MUCH LESS TRUE,ACCURATE AND COMPLETE
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REPORTING, I suggest you consult immediately with your legal counsel prior to your erroneous
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decision to counter me minus adequate documentation of every single one even each any and or
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all of the aspects,notations,and fragments of allegations accused of meas you have currently
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reporting ILLEGALLY! .
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<br/><br/>
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This letter is your formal notice to cease and desist all collection activities in regards to the above
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account. The CRSA enacted CDIA Metro 2 compliant reporting format REQUIRES the precise and
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exact fully complete 426-character P-Segment or Trailing Segment that is to include the minimally
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five portioned PERSONAL IDENTIFIERS to which databasing of alleged tradeline information
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occurs.Per CRSA,auto-populating ANY data field input entry and or application of Slash Entries
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(such as 11111 or 00000,etc) into the Metro 2 system is automatic call for deletion due to any and
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all repeating entry as NULL and VOID.Moreover,the regulatory obligation dictates that any and all
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data furnishers MUST include an attached TRAILING SEGMENT that absolutely accurately and
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completely includes ALL of the account of allegation(s) specifics!Must be performed in a
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REAL-TIME browser LOCKDOWN to be lawful.Per CRSA implementation,if a data furnisher fails to
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respond within20 calendar days,e-Oscar is to terminate challenge in favor of consumers and or
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auto-escalate any and all consumer complaints to a certified Metro 2 compliance trained
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SPECIALIST. Being Phase III of the Implementation of the CRSA,SMART auto-responders are not
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compliant and unlawful if used by furnishers or accepted by CRAa.Federal laws mandate
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MANUAL ENTRY for any and all consumer's FULL P-Segment PREVIOUS coding for a
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RESPONSE,please certificate in testimonial fact to this occurring. Submit/re-submit shuffling to
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populate the metro 2 data fields are illegal. By ignoring my legal validation request your firm is in
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direct violation of the FDCPA.Responsible, Lawful, ethical, and compliant consumer credit
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reporting is the REQUISITE technical accuracy in EVERY single item retained and or reported to
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or by any consumer credit reporting agency.This DECLARATION is a formal complaint that you
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are reporting inaccurate and incomplete credit information that has been MIXED in a process
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caused by your firm's Automated Credit Dispute Verification system. The account above MUST be
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deleted because the original collector has failed to meet regulatory compliance standards
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repeatedly in this matter (see attached validation notice to collector). As you're well aware your
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agency sent a letter stating that you had completed your investigation and the item was not
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deleted, as requested. My dispute was a specific DEMAND FOR VALIDATION not YOUR
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AUTOMATED Verification under FCRA 611 (a) (7) I am seeking a description of the procedure used
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by your agency in providing all information to the creditor associated with my earlier dispute
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under FCRA 611 (a) because the creditor in question has DENIED receiving any such request from
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your firm .I respectfully request to be provided with ALL written documentation of how and what
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means you used to verify this inaccuracy. Certainly your firm ACKNOWLEDGES that in a dispute
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such as mine YOU are required under the phase TWO status, of your settlement agreement to
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provide the information and either escalate this MIXED file dispute or DELETE the item!
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<br/><br/>
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1. Tell me in writing what information you refuse to remove and why.<br/>
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2. Tell me in writing what you did to determine that the information was accurate.<br/>
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3. Note the information as disputed BY the CONSUMER on my credit report<br/>
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<br/><br/>
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Metro 2 compliance requires exacting P-segment,to include the minimal five(5) portion personal
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identifiers as well as a PRECISELY and COMPLETELY FULL account trailing segment.Per the
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CRSA,any and all CRA insourced DISPUTE Specialist MUST BE Metro 2 Compliance Data Entry
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Evaluation CERTIFIED. Further,this qualifying certification can be REVOLVED by CONSUMER
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COMPLAINTS per the NYAG Signing Statement.I repeat, to lawfully retain and or report any claim
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of information,be it an account or any aspect of such,the must be irrefutable fullness in the truth
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of reporting, correctness of reporting, COMPLETENESS of reporting, TIMELINESS of reporting
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and of the reported allegations, undoubtable ownership, irrefutable responsibility of adverse
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claims,and or adequate and complete INFORMATIONAL COMPLIANCE to the CRSA enacted CDIA
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Metro 2 data field formatted reporting regulatory standards and obligations to include the
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81-month time relevance of account reported/ how reported/when reported,PRESENT and
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RELEVANT PERSONAL IDENTIFIERS.Further lawful reporting demands that the regulatory
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compliance rules are applied EVENLY and thoroughly from data provider to consumer credit
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reporting repository.Accuracy and completeness of all of any and all information,particularly
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derogatory consumer information,must abide by every and one of current MY state’s reporting
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regulations as well as those of federal laws ,even the CDIA METRO 2 COMPLIANCE standards
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due to the implementation of the Credit Reporting Settlement Agreement (CRSA.)
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<br/><br/>
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Is the Personal Identifier information alleged in the reported 426-character P-SEGMENT
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true,correct, and complete to standards of CERTIFIED METRO 2 COMPLIANCE?
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<br/><br/>
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Please demonstrate adequate proof of precisely true, accurate, and applicable VALIDATION of the
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claimed reported CREDITOR CLASSIFICATION CODES,or eradicate every single one and each any
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and all of the adversary derogatory accusations injuring me immediately,TODAY even NOW and
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HERE!
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<br/><br/>
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Your failure to demonstrate the REQUIRED presentation of composed PROOF as demanded in
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this declaration would compel me to consult my consumer complaint lawfully to the members of
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the NCRWG,as undoubtedly reporting not only must be true,timely,and accurate but also in its
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COMPLETENESS of DATA ENTRY presented to any entity INCLUDING all consumer reporting
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repositories.
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<br/><br/>
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As your firm is well aware I have LEGALLY exercised my rights by disputing the validity of this
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debt.CERTAINLY BEYOND A SHADOW OF A DOUBT, WHEN A CIVIL COURT TAKES RIGHTFUL
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NOTE THAT I have in writing and by phone demanded that you provide documented validation to
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me, instead you have ignored my demands and started phone harassment against me. Since
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your firm has knowingly violated both federal and state law, I am demanding that you CEASE all
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collection activities. Including but not limited to any and all phone calls, emails or faxes, Stop at
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once reporting the debt in question to any and all Credit Reporting Agencies and remove any
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current erroneous reports you may have provided.
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<br/><br/>
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I have composed this writ notice of my formal consumer complaint and declaration of challenge to your
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still unproven to be compliant much less fully true,complete,correct,and timely reporting even having no
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documentary evidence of certified ownership and responsibility of the alleged claim fronted by you versus
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me unjustly so.This is in response to the communication I received from a collector representing your
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agency recently, quite disturbing and frustrating mind you!. Your collector informed me that INSANELY I
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somehow am being sought after because you believe , in ERROR, that I do or did at one point owe YOU
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an alleged debt of any nature (see enclosed). Prove it sayI and do so extremely mindful of the obligation
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to abide fully each and all regulations,precedence, and standards of reporting as per determined by
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federal and MY STATE’s consumer reporting laws & regulations, INCLUDING the CRSA ( Credit
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Reporting Settlement Agreement) which enacted the CDIA to implement the METRO 2 DATA FIELD
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FORMATTING REGULATORY REPORTING COMPLIANCE standards and laws. The way of the past
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inyour unethical and unlawful reporting chicanery and subterfuge will cost you now,and I am hopeful you
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test my reserve and intelligible ability to convince a civil court of your willful wrong doings, despite my
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written note to you detailing exactly your ignorance to required procedural mannerism in the conduction of
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the business you do. Alarmingly,when I questioned the collector regarding your rights to pursue this, I was
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laconically and rudely or even repetitiously informed that your collection company ignores lawfully
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required mandates the office policy DID NOT permit any validation of the information regarding this
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alleged debt and it was your firm's policy to NOT provide detailed account records to ANY debtor. When I
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demanded to speak with a supervisor, your collector informed me that a supervisor was unavailable and I
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could pay the debt or face being sued by your firm. When I informed YOUR collector that I was starting to
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record the conversation your collector hung up.
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<br/><br/>
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If your firm does not COMPLY in writing to this CEASE and DESIST notice within 5 days as
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demanded I will not hesitate to bring suit against your firm in this matter as in the example of Mey
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v. RFA aka RELIANT FINANCIAL ASSOCIATES
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<br/><br/>
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After being inauspiciously threatened with appalling legal actions by your employee, I contacted the
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United States CONSUMER FINANCIAL PROTECTION BUREAU; I spoke with a representative who
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forwarded me to a supervisor who clearly pointed OUT that YOUR Firm IS REQUIRED BY THE FDCPA
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and the Credit Reporting Bureau Settlement agreement to PROVIDE all of the FOLLOWING information
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to any debtor that your firm is pursuing. Additionally, my family attorney has confirmed that your FIRM is
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compelled by TORT law precedent to provide this information or face a lawsuit : Haddad v. Alexander,
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Zelmanski, Danner & Fioritto, PLLC, --- F. 3d --- (6th Cir. 2014), 2014 WL 3440174 (6th Cir. Mich.
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2014).More over, I have learned of your dictatum to obey the obligations required as related to proper
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retaining and reporting of any consumer’s alleged debts,(real or imaginary), namely the Metro 2 Certified
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compliant reporting of any and all aspects of derogatory claim..
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<br/><br/>
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Might I request that you PLEASE supply the following information in complete detail exactly as is
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required of you permy state and the federal laws that govern your behavior?
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<br/>
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:
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<br/>
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a)Why you think I owe the debt, and to whom I owe it, including:
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<br/><br/>
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b)The name and address of the creditor to whom the debt is currently owed, the account number used by
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that creditor, and the amount owed.
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<br/><br/>
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c)If this debt started with a different creditor, provide the name and address of the original creditor, the
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account number used by that creditor, and the amount owed to that creditor at the time it was transferred.
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When you identify the original creditor, please provide any other name by which I might know them, if that
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is different from the official name. In addition, tell me when the current creditor obtained the debt and who
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the current creditor obtained it from.
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<br/><br/>
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d)Provide verification and documentation (retail installment contract etc.) that there is a valid basis for
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claiming that I am required to pay the debt to the current creditor.
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<br/><br/>
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e)If you are asking that I pay a debt that somebody else is or was required to pay, identify that person.
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Provide verification and documentation about why this is a debt that I am required to pay.
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Might you PLEASE tender to me EXACTLY the certifiable and PROVEN ACCURATE amount and
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the PRECISE age of the debt, specifically :
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<br/><br/>
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f)Identify the date of the last payment made on this account.
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<br/><br/>
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g)State the amount of the debt when you obtained it, and when that was.
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<br/><br/>
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h)A copy of the last billing statement sent to me by the original creditor.
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<br/><br/>
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i)If there have been any payments or other reductions since the last billing statement from the original
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creditor, provide an itemization showing the dates and amount of each of them.
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<br/><br/>
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j)If there have been any other changes or adjustments since the last billing statement from the original
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creditor, please provide full verification and documentation of the amount you are trying to collect.
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<br/><br/>
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k)Explain how that amount was calculated. In addition, explain how the other changes or adjustments are
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expressly authorized by the agreement creating the debt or permitted by law.
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<br/><br/>
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l)If there have been any additional interest, fees, or charges added since the last billing statement from
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the original creditor, provide an itemization showing the dates and amount of each added amount. In
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addition, explain how the added interest, fees or other charges are expressly authorized by the
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agreement creating the debt or are permitted by law.
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<br/><br/>
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m)Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me
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when you think the statute of limitations expires for this debt, and how you determined that.
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<br/><br/>
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Are you with significant Due Diligence and Rights to Collect?<br/>
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n)I would like more information about your firm before I discuss the debt with you. Does your firm have a
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debt collection license from my state? If not, say why not. If so, provide the date of the license, the name
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on the license, the license number, and the name, address and telephone number of the state agency
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issuing the license.
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<br/><br/>
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o)If you fail to provide any of the information or documentation I have asked for, please say why. If you do
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not provide it, and do not adequately explain why, I will understand that you are unable to confirm or
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document your claims.
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<br/><br/>
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p)If you are contacting me from a place outside my state, does your firm have a debt collection license
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from that place? If so, provide the date of the license, the name on the license, the license number, and
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the name, address and telephone number of the state agency issuing the license.
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<br/><br/>
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Do you submit to the mandate obligations involved with Governing regulatory Compliance?
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<br/><br/>
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q)Is your firm aware of (Complying with the Credit Bureau Settlement Agreement)?
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<br/><br/>
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r)Provide a SIGNED notice of Compliance with regulatory measures as required by both the CFPB and
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the Credit Bureau Settlement Agreement (signed by your compliance officer, validating this DEBT and
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including the the name, title, and License number for the reviewing officer)?
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<br/><br/>
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s)I demand, as is MY LAWFUL CONSUMER RIGHT TO DO SO, that you provide a COMPLETE (Metro 1
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or Metro 2) snapshot of the debt report you have provided to the CRA’s (including a full P-segment
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–trailing segment of the report)?
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<br/><br/>
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i)Your reporting is unproven to be TRUE,so legally there can be no truth assumed to the allegations of which you
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report in chichanary lead subterfuge.
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<br/><br/>
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ii)Your reporting is unproven to be Correct (and regulations are CLEAR on accuracy being undoubted and
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irrefutable) ,so legally there can be no truth assumed to the allegations of which you report in chichanary lead
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subterfuge.
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<br/><br/>
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iii)Your reporting is unproven to be COMPLETE (and regulations are CLEAR on mandates to be fully COMPLETE in
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the application of exacting and reliably consistent precision of any data for reporting being undoubted and
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irrefutable) ,so legally there can be no truth assumed to the allegations of which you report in chichanary lead
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subterfuge.
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<br/><br/>
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iv)Your reporting is unproven to be TIMELY (and regulations are CLEAR on mandates to be fully CURRENT and
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TIMELY in the application of exacting and reliably consistent precision of any data for reporting being
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undoubted and irrefutable) ,so legally there can be no truth assumed to the allegations of which you report in
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chichanary lead subterfuge.
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<br/><br/>
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v)Your reporting is unproven to be of MY OWNERSHIP (and regulations are CLEAR on mandates to be fully
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CONFIDENT in the assignment of OWNERSHIP and or even RESPONSIBILITY to any potentially injurious claim in
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the application of exacting and reliably consistent precision of any data for reporting being undoubted and
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irrefutable) ,so legally there can be no truth assumed to the allegations of which you report in chichanary lead
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subterfuge.
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<br/><br/>
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vi)Your reporting is unproven to be of MY RESPONSIBILITY (and regulations are CLEAR on mandates to be fully
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CONFIDENT in the assignment of OWNERSHIP and or even RESPONSIBILITY to any potentially injurious claim in
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the application of exacting and reliably consistent precision of any data for reporting being undoubted and
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irrefutable) ,so legally there can be no truth assumed to the allegations of which you report in chichanary lead
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subterfuge.
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<br/><br/>
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vii)Your reporting is unproven to be of FCRA COMPLIANCE (and regulations are CLEAR on mandates to be fully
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CONFIDENT in the assumption of FULL unmistakable COMPLIANCE to any and all standards of practice as
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related to the reporting of any potentially injurious claim in the application of exacting and reliably consistent
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precision of any data for reporting being undoubted and irrefutable) ,so legally there can be no truth assumed
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to the allegations of which you report in chichanary lead subterfuge.
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<br/><br/>
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vi)Your reporting is unproven to be of CRSA enacted CDIA METRO 2 DATA FIELD FORMATTED REGULATORY
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REPORTING COMPLIANCE (and regulations are CLEAR on mandates to be fully CONFIDENT in the assumption of
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FULL unmistakable COMPLIANCE to any and all standards of practice as related to the reporting of any
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potentially injurious claim in the application of exacting and reliably consistent precision of any data for
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reporting being undoubted and irrefutable) ,so legally there can be no truth assumed to the allegations of
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which you report in chichanary lead subterfuge.
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<br/><br/>
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t)As a requirement of the Credit Bureau and the CFPB debt validation requirement, please detail your
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firm’s process of verification and validation for each disputed credit item (also include the name, title, and
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License number for the reviewing officer)?
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<br/><br/>
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u)Is your firm currently Metro 2 compliant in its credit bureau reporting procedures (if not pleaser provide
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a signed declaration and waiver memorandum you have filed with the credit bureau or credit bureau
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reporting service that details the full process and steps your firm is under taking to become Metro2
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compliant)?
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<br/><br/>
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v)Does your firm outsource data entry for your collection process (if so please provide the legal name and
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address of that data entry firm)?
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<br/><br/>
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w)In addition, please inform me if or not your firm participate or utilize any type of ACDV (Automated
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Credit Dispute Verification) software or system?
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<br/><br/>
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x)When precisely (exact date) did your firm obtain or commence collection activities on this debt?
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<br/><br/>
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By the provisions of the Fair Credit Reporting Act and per the standards of reporting compliance
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implemented with the CRSA enacted CDIA Metro 2 COMPLIANCE regulations, I demand that
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these above mentioned derogatory items be investigated and permanently removed from my
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report. It is my understanding that you will recheck these items with the creditor who has posted
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them. Please remove any information that the creditor cannot verify. I understand that under 15
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U.S.C. Sec. 1681i(a), you must complete this reinvestigation within 30 days of receipt of this letter.
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<br/><br/>
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I am well aware of the FACT that YOUR Firm has a MAXIMUM of 30 days to PRODUCE ALL of the
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ABOVE noted information,PERFECTLY without a single mark or error on even ONE of the many
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multitude of items and data entries of which you MUST demonstrate to ME physically with irrefutable
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document evidence of certified truthfulness and equally of adequately accurate, complete and timely
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reporting above and beyond compliant.. If your firm CANNOT produce ALL of the above noted
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documentation in the allotted time frame, I will accept a written NOTIFICATION stipulating that your firm
|
||
CANNOT COMPLY with the FDCPA and formally withdrawing your claim to this alleged debt is
|
||
demanded. If you choose to ignore this demand, I will pursue a direct course offered under the
|
||
SETTLEMENT AGREEMENT entered into by the Credit Reporting Agencies with the ATTORNEY
|
||
GENERAL OF THE STATE OF NEW YORK BUREAU OF CONSUMER FRAUDS & PROTECTION and
|
||
37 other states that specifically EMPOWERS a working group to remediate and hold accountable and
|
||
sanction data furnishers who fail to meet the requirements of the FDCPA and CFPB’s compliance
|
||
guidance for Professional Debt Collection Practices. If your firm chooses not to respond to this
|
||
VALIDATION demand and its conditions I will NOT hesitate to FILE suit and SEEK my own payday
|
||
against your firm for malicious collection activities-see Fields v. Wilber Law Firm, Donald L. Wilber and
|
||
Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept. 2004. You have 30 days from the postmark
|
||
date of this validation demand to answer.
|
||
<br/><br/>
|
||
Please send an updated copy of my credit report to the above address. According to the act, there
|
||
shall be no charge for this updated report. I also request that you please send notices of
|
||
corrections to anyone who received my credit report in the past six months.
|
||
<br/><br/>
|
||
Thank you for your time and help in this matter.
|
||
<br/><br/>
|
||
Sincerely,
|
||
<br/>
|
||
<span style="background-color: #FFFF00">__sincerely__</span>
|
||
<br/><br/><br/>
|
||
__STARTM1__
|
||
Evidence of my Proof of identification<br/><br/>
|
||
<img src="__image1__" alt="Evidence of my Proof of identification">
|
||
<br/><br/><br/>
|
||
__ENDM1__
|
||
|
||
__STARTM2__
|
||
Proof of residence or mailing address<br/><br/>
|
||
<img src="__image2__" alt="Proof of residence or mailing address">
|
||
<br/><br/><br/>
|
||
__ENDM2__
|
||
|
||
__STARTM3__
|
||
Proof of social security number<br/><br/>
|
||
<img src="__image3__" alt="Proof of social security number">
|
||
<br/><br/><br/>
|
||
__ENDM3__
|
||
|
||
|
||
|
||
__STARTM4__
|
||
Copy of State Photo ID<br/><br/>
|
||
<img src="__image4__" alt="Copy of State Photo ID">
|
||
<br/><br/><br/>
|
||
__ENDM4__
|
||
|
||
__STARTM5__
|
||
My Notarized Letter/Form<br/><br/>
|
||
<img src="__image5__" alt="Your Notarized Letter/Form">
|
||
<br/><br/><br/>
|
||
__ENDM5__
|
||
|
||
</div> |