disp and collection agency letter

Discussion in 'Credit Talk' started by passion, Nov 24, 2001.

  1. passion

    passion Active Member

    Hi all...
    I checked my credit report and noticed there were a collection account with pacific bell wireless, never had a cell phone...So I disputed it with the CRA's I rcvd a letter from the collection agency, stating..and I am quoting" We received information that you are applying for credit, and this unpaid bl is on your credit report" end quote.....I am not currently seeking credit.. I only want to get this neg. off my report...

    How should I proceed with this?
    I sent for validation for this account back in September 2001.. never heard back....

    Any help... would be greatly appreciated...


    Thanks,
    Passion
     
  2. bbauer

    bbauer Banned

    The courts have ruled that a 3rd party debt collector must reply with a proper validation which meets all criteria specified by FDCPA within 30 days. They have also ruled that it is the responsibility of the consumer to prove the start of the 30 day period in case of the matter of when the 30 day period shall have ended.

    It has obviously been more than 30 days since they received your demand for validation in any case so you should again move forward with your next step whatever you determine that should be.

    It would be perfectly acceptable to send other letters if they have some viable purpose or to seek the assistance of qualified legal counsel at this time if that is what you desired to do or you could also just sit back and see what they do next.

    Whatever you decide to do, you should do so only on the basis of knowledge gleaned from study and your own common sense, and not necessarily on the advice of some self proclaimed expert whether for free or for hire. Seeking the advice of others is always an adviseable thing to do, but you should always check out what they have to say and stop and think about it to see if it makes sense to you. I would strongly advise against just jumping up and grabbing the advice of anyone until you have done some study on your own.

    For instance, if I advise you to send an estoppel letter as your next step which is what I would advise you to do you should not only find out where to get such a letter but also what is it's intent and purpose. You should find out for yourself whether or not it's basis is is well founded in law. There are a great variety of estoppel letters in the letters section of this board, So the next question in your mind should be which one if any is the correct one for the situation in which you intend to use it.

    You should also learn what you will do in the event that it is totally and completely ignored. Taking advice at face value without checking it out for yourself is never a wise thing to do even if it is free and well intentioned and it is no better to accept paid for advice if the person or company to whom you turn cannot or will not give a full and logical explanation of what his advice will do for you and why.

    Any person who gives you advice either for free or for pay should be able to fully explain why he thinks his advice is right for your particular situation and be able to back it up with solid evidence that it does work and what is the legal basis upon which he bases his opinions.

    If all he can come up with is some folderall about how he or his friend did it and it worked for them then free or not, it's probably about as effective a remedy for what ails you as the apricot seed remedy for cancer was.

    Estoppel does have a legal basis and it is used in many situations. I believe that if you will just go to any of the search engines and type in the single word estoppel you will come up with a multitude of websites that will explain it to you quite fully. That's the way I found out about it and it's a whole lot better to do it that way and get the opinion of qualified legal counsel who write for free for the benefit of the public than it is to simply take somebody's word for it and hope that they are right. Maybe they are and maybe they aren't.
     
  3. passion

    passion Active Member

    As always Bill your advice is greatly appreciated and well taken..
    Thank you so much for your response...
    .... I will do my best!(smile!)
    Passion
     
  4. bbauer

    bbauer Banned

    Thank you.
    It is always best to look for advice from several people and then do a little research on your own so that you know the truth of the matter. That way you don't have to rely on guestimates or maybes.

    have a nice day
     

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