It's been almost 30 days since CA received their request for validation. I have not received anything from them. Should I send estoppel immediately? Or should I send another request for validation (pointing out that they ignored my first request) and give them another 5 days, then 48 hour request, then estoppel? thanks tboy
Why send them anything else! They haven't validated and probably never will. Just leave it at that and hope you don't hear from them again.
If I were you, tboy, I'd send Estoppel immediately, with 15 days to cure or face law suit. Have you disputed through the CRAs too ? If they verify, that's one more violation to add to your suit
Re: Re: Estoppel or 5 day validation letter thanks! yah it's on my CR (EX AND EQ). I disputed all 3 earlier this year (before i found you guys) and TU removed but the other 2 verified. so then i sent letter of validation to CA and i tried to ask for anotehr dispute with EX but they sent me back somethignf strange yesterday. It said something like, the results of our investigation is as follows: .... and then it says nothing! nothing followed. the TL is still there and it says it was verified in June. status says no status and the consumer comment says, customer disputes debt under FCBA. Do they have to by law REMOVE it from your CR if they don't validate. Or does the law only cover their actions when they are asked to verify by CRA. if that's the case, it looks like i am having a hard time getting EX to reinvestigate. tboy
You did a mistake, tboy, by disputing with the CRAs alone, and not requesting validation from the CA simultaneously. The proper way is to first send validation request to CA, and the moment you get your green card back, dispute with the CRAs. Under such scenario, if the CA verifies, it's inferred as continued collection activity without providing validation when disputed, and a violation worth $1000. FDCPA does not specify any time period within which validation must be provided to the debtor; the CA must simply cease all collection efforts. As things stand now, I think a notation of "Consumer dispute" on the tradeline accompanied by no action on their part, satisfies the legal requirements to cease all collection efforts. UNLESS YOU ACT -- by sending the estoppel letter -- you cannot get this tradeline off your report. By sending the estoppel letter, in essence you are saying that 'I tried to give you bozos enough reasonable time to prove your claim; you haven't provided me anything yet. This cannot go on, remove your tradeline NOW' .... which makes a great impression on a judge, should it come to lawsuit time, that you made every reasonable effort to settle the issue amicably. Be warned, however, that the CA may legally reinsert the tradeline on your reports once they obtain the complete validation. I'm no expert, but this is the gist of my understanding. If I'm wrong, I'm sure someone will correct me.
Re: Re: Estoppel or 5 day validation letter yah i realize this which is why i noted "before i found you guys." since i have heard from these guys, when i saw it on my credit report, i innocently assumed it was an error and would be corrected once i disputed with CRA. it wasn't until they verified and i did some research that i found out that these "mistakes" happen frequently and you have to fight to get them cleared up. but anyway .. thanks for the advice .. will fed ex estoppel today and see what happens from there. tboy
Re: Re: Re: Re: Estoppel or 5 day validation letter LOL well i have no idea what this account is -- never had one with the OC -- it's not mine so it seems like a mistake to me .... tboy
