After 30 Days, sent elstoppo, now..

Discussion in 'Credit Talk' started by Emrys, Aug 1, 2002.

  1. Emrys

    Emrys Member

    I sent the first 30 day mailing. I got a response in the mail with no proof that I own the loan other than what they "say" is the proof. No signature, no nothing. Then I send the elstoppo. I just got a call from them (voicemail), and the lady says that she can send me any documents I want.

    Did I already win this? Or should I call her and try to get her to prove it. I am assuming, seeing that she didn't send me any documents, or anything with my signature within the - FIRST 30 DAYS - that I can go ahead with the elstoppo, and file a suit after the 15 days stated in the elstoppo letter.

    Am I right in thinking this? Am I legally within my rights to say, "Whatever, you didn't prove it in the first 30 days, now remove it!" ?

    Thanks as always, Advice greatly appreciated.
     
  2. gib

    gib Well-Known Member

    There is no law stating they have only 30 days to validate. They just aren't supposed to continue collection activity until it is provided.

    Gib
     
  3. Emrys

    Emrys Member

    I thought there was a law stating that they had 30 days to PROOVE that I owe them money or they have to remove it. I sent a validity letter and they failed to proove "legally" that I owe them anything.
     
  4. tracyb0313

    tracyb0313 Well-Known Member

    No, there is no law stating that they only have 30 days. The 30 days is more of a courtesy thing. It's very confusing, and I thought it was a law too. I don't know what your next would be though--maybe sending them the 2nd validation letter, giving them 15 more days. If nothing, then the estoppel.
     

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