Validation/estoppel question

I have sent a validation for a debt that I have already paid. Mailed it on 2/5 but yet to get the green card back. hmmm....

Anyway, once I get that back and they have not supplied me with the evidence of the debt, then I will send the estoppel.

Should I ask for my money back in the estoppel, since they did not provide proof that the debt was mine? I am in good mind to request my money back and deletion of the collection account from my credit reports. Is there anything else I should request?

I will also be putting my version of this letter together (thanks to whomever introduced this letter to the board)
------------------------------------------------------------

To Whom It May Concern:

As I have not heard back from you in over 60
days, regarding my demand for proof, since my
notice of dispute and you have not supplied the
demanded proof of the alleged debt, under the
doctrine of estoppel by silence, Engelhardt v
Gravens (Mo) 281 SW 715, 719, I may presume that
no proof of the alleged debt, nor therefore any
such debt, in fact exists.

In a good faith effort to resolve this matter
amicably, I restate my demand for proof of the
debt, specifically the alleged contract or other
instrument bearing my signature, as well as proof
of your authority in this matter. Absent such
proof, you must terminate this collection action
and correct any erroneous reports of this debt as
mine.

For the record, I state again that as I have no
account with you, nor am I your customer, nor
have I entered into a contract with you, I must
ask for the following information:

1) Please evidence your authorization under 15
USC 1692 (e) and 15 USC 1692 (f) in this alleged
matter.
2) What is your authorization of law for your
collection of information?
3) What is your authorization of law for your
collection of this alleged debt?
4) Please evidence your authorization to do
business or operate in the state of Florida.
5) Please evidence proof of the alleged debt,
including specifically the alleged contract or
other instrument bearing my signature.

You have 15 days from receipt of this notice to
respond. Your failure to respond, on point, in
writing, hand signed, and in a timely manner,
will work as a waiver to any and all of your
claims in this matter, and will entitle me to
presume that you sent your letter(s) in error,
and that this matter is permanently closed.

Your continued silence is unacceptable. Either
provide the proof or correct the record to remove
the invalid debt from my credit files with the
three primary credit-reporting agencies. You are
currently in violation of the Fair Credit
Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of
this registered letter (with return receipt) will
begin my small claims action against your
company. I will be seeking $5,000 in damages for
the following:

1) Defamation
2) Negligent Enablement of Identity Fraud
3) Violation of the Fair Credit Reporting Act

After obtaining the judgment against your
company, I will obtain a Writ of Execution from
the Sheriffâ??s office in your county and I will
begin the process of attaching property or funds
to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this
Notice has the same effect as a dispute to the
validity of the alleged debt and a dispute to the
validity of your claims. This Notice is an
attempt to correct your records, and any
information received from you will be collected
as evidence should any further action be
necessary. This is a request for information
only, and is not a statement, election, or waiver
of status.

Witness My Hand and Seal this 13th day of
February 2001.
------------------------------------------------------------

 

It was supposed to be paid by the nutcase that totalled my car therefore causing the medical bill. But then again, when my atty was supposed to be gathering all my bills so that he could calculate what he should ask for in the settlement, this one was not included. I think its really his fault.

I haven't yet but I will.

Accident was in early 2000; CA account appeared in January.

Already argued on the phone with one of their reps, she said they can only report it as paid, So far they have not even done that.

I paid it out of duress, as I stated in my validation letter to them. If they cannot prove that I am responsible for the debt, they why should I pay? The nucklehead that hit me should have wrote that check. They said they billed insurance but got no response.

Don't think so, at least have not seem anything in the FDCPA that inplies that.

 

That is what I am trying to determine

 

I called my atty. He advised me to send him a copy of the bill. I called the CA, as I do not have a copy of the bill. The CA rep said that she would sent it to me with all the medical codes via mail. There went my validation....