Update to Please help me address this issue/letter critique

[DLO_FL]

Please critique this letter...comments, changes, etc
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This letter will serve to notify your office that I contest the amount that your office proposes to report in unpaid support to the credit bureaus, as well as the IDO, on the grounds that what your records indicate as a debt, do not accurately reflect my actual current balance. For your review, I have enclosed and attached copies to this letter. Enclosed are copies of my Federal Tax intercept statement; copies of my financial activity report and correspondence from your office; as well as FL's modified order, mailed to your office on July 6th 2004.

To summarize the enclosed, on June 18th, 2004 your office intercepted and was credited $4542.19. However, I have received correspondence from your office containing the financial activity report dated on November 10th that stated on November 4th, my balance due was $941.64. This same correspondence informed me that I have overpaid support in the amount of $894.07. This report further states that from my intercept of $4542.19, that only $3648.12 was applied and credited to my account. [$4542.19 Intercept - $3648.12 credited = $894.07 overage].

With respect to your office's additional letters to me, the first dated on November 9th stating your office intends to report $874.xx to the credit bureau, and the latest dated on November 15th, to inform me of the new income deduction order. Please note the following:

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As to the incurring balance as listed on November 19th of $1,076.16. This amount does not include my overage payment of $894.07, nor does it calculate a recent payment totaling $190.00. [ $894.07 overage + $190.00 payment = $1,084.07 ] This would leave an overpaid balance of $7.91. Therefore, there is no balance for your office to report, and the IDO should be immediately removed.
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To that end, I have attempted to resolve this matter by contacting your office on November 19th, and requested desired resolution to have this money rightfully credited to my account, the new IDO removed from my file, as well as the removal to report my file to the credit bureaus. The response I received was the IDO would remain, the balance, though inaccurate would be reported and that this money could not be credited to my account because your office acknowledged the mistake of sending the full amount, including my overage payment to the custodial parent back in September. However, pursuant to your states' hold procedure guides, any overage payment must be held in a separate account, and must refunded to the payee.

This is clearly a mistake that your office made, but your approach so far, is to penalize me and in effect cause imparrable financial harm to my additional children of which I am also responsible for. Your resolve is that I await 6 months, possibly longer for your office to recoup the money that you mistakenly sent, penalizing me for 6+ months by virtue of the IDO and your intent to report an inaccurate balance. This approach is unsatisfactory and I believe this issue is between your office and the custodial parent and should be handled as such. I simply want the money credited...not returned...just simply credited. Therefore, I am requesting once again, to be immediately credited and the IDO removed on the grounds that my obligation was met.

If your office is truly firm in it's stance and maintains that I will not be "immediately" credited and/or the IDO will not be removed; by all means, please send me your states codes, regulations or law which state that your office is acting within it's right. Otherwise, please deduct the credit due to me of $894.07 and remove the IDO immediately.

The letterhead documents; I am requesting are as follows:

1. A letter or document verifying the custodial parent received my overage payment of $894.07 and any attempts your office has made to recoup this money since September.

2. As I have referenced to above, please send me your states codes, regulations or law which states I am to be penalize on inaccurate balances caused by your office's mistake; including your states codes, regulations or law which states I should not be immediately credited for money I have already paid.

3. As to the IDO, please send me your state's codes, regulations or law which state that your office has legal authorization to modify or change my existing court order by overriding the state who has jurisdiction, in this case the state of FL.

In addition, please be advised in respect to reporting my inaccurate balance to the credit reporting agencies, that reporting information with actual knowledge of errors is a violation. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. Please accept this as your notice, as substantial evidence is attached to show your office's records are in error.

In closing, please note that this is only an attempt to correct my records with your office. I do not wish to receive any telephone calls in respect of this matter. I do, however, wish to correct my records and receive a letterhead response to my inquires. I look forward to your reply and a resolution to my problem, and will wait until 12/27/04 before acting on my next course of action. This will include sending a copy of this letter and it's entire contents to the state attorney general, filing a formal complaint and seeking legal remedy for relief.

[wendl]

Are you sending this to your caseworker??? IF so I don't think it will do any good.

I would in writing request a copy of your cs report showing all payments on the account.

Then get our your tax return pay stubs etc so see if they are correct.

Then I would file an appeal thru the cs office. Usually they tell you on the letter you receive how and how long you have to file such and appeal.

That is how it works in my state.

However each state is different.

**These are my opinions, they are not legal advice**

[thaotherside]

I guess November is the month for them, they tried the same crap with me..........long story.............any ways through experiance (I've sent them TWO letters and I have custody of my child now and support was suspended, to beat all they were court ordered and removed from our case by my ex back in early 2003. They claim I owe $6,000 more than what I did. Anyways letters do NO good. and if this is the letter your sending them after recieving a NOTICE TO CONSUMER REPORTING AGENCIES, it won't work,. you have to write it to their specifications which are on the back of the notice. Look up Rule28-106.201 on a search engine and it will tell you exactly how you have to write it, I did all this, but before I got to mail it I went to CSE to file for support from my ex, I explained to and showed the women all the paper work, modification agreement, the hearing concerning them being removed ect.. she emailed and faxed the proper people and got it taken care of right then and there. My advice to you is either look up the rule and write the letter to there specifications, I don't beleive they will look at any thing else, or GO DOWN TO CSE IN PERSON WITH "ALL" YOUR PAPER WORK A.S.A.P and "MAKE" them take care of it right then and there!
I only hope their as aggresive getting support from my ex as they have been with me for the last 12 years. Good luck and don't sit around and wait, they don't care if they screw your credit up or your life for that matter!
P.S I am in FL also.

[wendl]

I couldnt agree more, the cs office make a 2k error on my dh's case, sent the letter stating they were reporting him to the credit reporting agencies, and hmmm he overpaid cs. grrr gotta love the system huh.

**These are my opinions, they are not legal advice**

[DLO_FL]

Thanks, I too believe that they will just hand toss our letter in the garbage but the letter we got doesn't have a rule to write it to their specifications on the notice. It's from the state of Texas and just says we must contact their office within 30 days to contest it. We contested by phone, but we got BS.

Does the Rule28-106.201 only apply to the state of FL?

Also, the state of Fl closed our support case, the FL courts still have jursidiction over our case, but FL CSE will not get involved. I wish we could go down to their office but we tried and can't. The state of Texas just basically collects support, and supposedly keep up with our payment history...payments go strait to them.

From what everyone is telling me we have to bring the issue to FL court, but IF we were to ask that Tx review our case simply to correct it via court, does that mean we are submitting and turning over jurisdiction to Texas? Tx is a joke, and I would just rather give them the 800+ dollars, if that would be the case.

Thanks

[wendl]

I'm not sure hun, I have only dealt with WA state in regards to cs.

I know a few here are from TX so maybe they can help.

Wish I could be more help.

**These are my opinions, they are not legal advice**

[shawneetears]

I'm neither from  FL or TX,  but my thinking is if you send the letter RRR then at least you have met their written letter to contest requirement and you have a paper trail with dates if for some reason you do have to take it further.  Just make sure you state that you are contesting their reporting it.  
If they do put it on your CR then immediately make the reporting agency investigate it, you can do that at no cost(the dispute) if they find that the information is in error they must immediately remove it.
I know it is really a pain dealing with these folks.

wish you all the best life has to offer!  :)

[MixedBag]

Wow -- too wordy....

And confusing to follow....

and what's an IDO?

Hmmm...you also asked about where to file this and that's kinda hard to answer mainly because I don't know your situation in detail.

(I'm gonna guess here).  You are in FL, but it's TX that's goofing up the actual amount of CS that you owe?

(Kids in TX?)

If you are absolutely sure FL doesn't want to get involved because it's TX sending you all this BS, then let's go with the flow.

I would re-organize your letter into much smaller paragraphs and in chronological order.  Some of the dates you use above are "irrelevant" like when you say:

" have received correspondence from your office containing the financial activity report dated on November 10th that stated on November 4th, my balance due"

So what if you received it on November 10th, You should probably say something more like:

"On November 4, 2004, your office sent a letter indicating that my balance due is $941.64."

So, here goes:

This letter is to notify your office that I contest the amount of unpaid child support.

On June 18, 2004, your office intercepted and was credited $4542.19 (see attachment X).  (actually -- what does that mean?  that sentence makes no sense to me!).

On July 6, 2004, FL

On November 4, 2004, your office sent me a letter stating that my balance due $941.64.  In that same letter, you state that I have over paid support in the amount of 894.07 (see attachment X).


You know.... I can't do this because I can't follow what you're trying to say.

Re-organize the events -- just the events -- by date and keep it totally simple so that any a$$hole can follow it.

Throw out all the threats and other stuff (at least for right now.)

Your requests ....  they're not gonna do that.

As for your deadline....30 days is fair but leave out the laundry list of whom you're gonna contact if they don't comply.  (Because when you threaten to "take them to court" and do all that stuff and then you don't -- you look like the fool, not them.)

And when you say I contacted your office type stuff, well, who did you speak to?  Did you get their name etc?  Your comments stating what they said -- just won't help you because you don't know who you talked to and then they can claim ignorance.....you know the old he said/she said stuff.  

Take names every time you call (and that actually goes for whatever problem in "life" your trying to solve), so that you can hold employees accountable.  (or at least the employer can).

[shawneetears]

Try this:

write down all the facts in a list ie date / fact  one per line.
such as:
per Nov 4 correspondence  balance due as of (give date) was $xxxx.xx
If you can get it set up like a ledger then you don't need to write much; simply refer them to the ledger for details and tell them that this oversight needs to be corrected immediately, no threats just that they need to do it and that this letter is a formal protest.
you need to be keeping your own books, not relying on them to do it for you (obviously they arent' doing very well with it anyway), keep this and all check stubs dennoting child support deductions, all irs intercepts (IRS will send you a notice too) and a print out of account activity..update it every month, find out exactly when the error occurred.  What you dont' want to do is something foolish. Get your ducks in a row.  A letter is still a good idea but pare it down to the essentials.  Even if all you say right now is that you protest the amounts being reported to the credit bureau and request a complete audit, that is should be enough to fullfill their requirement of a written letter of protest.  Just get it in before the deadline, get organized and submit a more detailed letter as soon as you can.
 
wish you all the best life has to offer!  :)

[MixedBag]

Read soc's response on his board too --

How's it going?

[DLO_FL]

Hey MB...well, as Soc said we couldn't do anything because we only had 15 days to contest it here in FL...It's just the principal of it all that STILL upsets me. Anyway, we decided that at the end of January when dh files to end his support, we will ask that they correct our records. We only have until July until it all ends, at least that's what the co says anyway.