Allen G. Hutchens
5200 Broken Arrow Drive, Kissimmee, FL 34746
Phone 321 443-3807 FAX 407 397-9439
June 12, 2008
Faxed to 913 254-5800
Legal Department
Embark Corporation
5454 West 110 Street
Overland Park, KS
66211
NOTICE OF INTENT TO LITIGATE
VIOLATION OF THE FAIR CREDIT DEBT COLLECTION
PRACTICES ACT, OUTRAGES CONDUCT AND DAMAGES
June 6, 2008 and at my request, one of my phone lines in my home was disconnected.
The phone number was 407 397-0260.
June 11, 2008 five days later at around 2: PM, I received a call from Ryan of R.P.M. Collection Agency and was informed Embarq turned my account of $63.52 over for collection. I informed Ryan that I had a statement in front of me showing payment was not due until June 25, 2008. Further the $63.52 was for two lines and only one was disconnected. Ryan said he knew nothing about that. See monthly statement dated June 4, 2008 marked as EXHIBIT 1, for two phone lines 407 397-0260 and 407 397-9439 attached hereto and by reference made a part of this notice.
I phoned Embarq and asked if my account was past due? I was informed that it was not. I asked, then why was my account turned over to a collection agency? The employee said she did not know. I asked to speak to her supervisor. Her supervisor by the name of Heather informed me that my account had not been turn over to a collection agency but rather to “in house collection”. I phoned the collection agency and asked them if it was true that RPM Collection was a part of Embarq as the supervisor had represented to me. The person I was talking with at RPM Collection said, “That was not true, that RPM Collection was a third party collection agency”. Your supervisor obviously lied. Further your supervisor stated when an account is closed and that without notifying the customer, it immediately was turned over to “in house collection” unless payment was made at the very time the phone was disconnected. See Embarq billing for the two phone lines dated June 4, 2003 marked as EXHIBIT 2, attached hereto and by reference made a part of this notice.
I made several phone calls to Embarq and the collection agency and have been lied to and treated as a third class citizen. I am furious with Embarq conduct and method of operation. Further I informed the collection agency that it is against the law to phone me at work.
Obviously Embarq has left me no choice but to file a law suit, which I am in the process of doing. To avoid unnecessary expense, I will serve you by mail after return of summons and complaint from the United States District Court Middle District, Orlando Division. In addition, I will file a complaint into the Federal Trade Commission for violations of the Federal Debt Collection Practices Act and the Federal Fair Credit Reporting Act and place a copy of this letter on my Website warning people about Embarks method of operation, indifferent to damages resulting from their omissions, arbitrarily damaging credit ratings, and lying to their customers.
The above actions may be avoided if Embarq immediately withdraws the account from the third party collection agency and faxes me a statement that such action has been complied with. However upon obtaining a credit report (three days from this date) reveals that Embarq actions has damaged my 925 credit score (which I made sacrifices to obtain), I will proceed as above set forth and include this letter together with exhibits and attach same to my complaint. See: Written credit score from Experian marked as EXHIBIT 3, attached hereto and by reference made a part of this notice.
Yours truly,
____________________________________________
cc:
RPM Collection
To RPM Collection:
In keeping with the Federal Fair Credit Debt Collection Practices Act and Federal Fair Credit Reporting Act, you are hereby advised in writing to place this letter together with attachments into my file.