I have sent two validation letters to them, the one sent on 4/3 was answered with "documentation to support our claim has been ordered". In the meantime since sending the first validation I've received two collection letters, they've done an inquiry on my EX report, and validated to both EX and EQ. The account number they have for the OC is not mine (I did, however, have an account with the OC but there is one number wrong). Should I send the estoppel or just go ahead and send the intent to sue? I have the summons and complaint form for small claims ready to fill out and send along a copy with my intent to sue. I've already filed a complaint with the BBB and FL attorney general. I'm working on the WI attorney general and the FTC tonight. I'm in WI so they can't sue me, only the OC can. Any suggestions will be appreciated, thanks!
I should add that I'm in sort of a hurry to get rid of them (aren't we all, LOL). We're applying for a mortgage hopefully in the next two weeks and it would be far less complicated without them on my reports (long story).
Anybody? I'm planning on doing one or the other by the end of the week. Just wondering what others think. Thanks!
I would send estoppel for 15 days. Show the judge you did everything you could to resolve this outside of court. If that doesn't work...file suit. JMHO, L
get copies of any of your credit reports that still have the entry on it... see if they noted the items as "in dispute"... if not you already have them on violations. they have to mark the items as being in dispute. If they verified the items after receiving the validation request but before validation... it's continued collection activity... fdcpa violation As you have a pending mortgage, they have some possible huge damages in the form of increased interest rate on a 30 year debt... or a denial on a house... If I were you, I'd list all these items in a letter, copy the ftc letter http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm and fax them that they've already violated your rights... then, talk with a manager or owner and see what they're going to do. Their downside on this one is huge... then, at the 31 day point, send the estoppel letter too along with the list of their violations (again) and the ftc letter... You may also want to give these copies of the letters to your mortgage broker... a mortgage company doesn't want to see you pay a debt that isn't yours (or can't be proven to be yours) just to get a mortgage... these items, plus the proof you sent them and the ca received them, may get them out of the way for you regarding the mortgage approval.. have you discussed that with your broker? Also, the broker can do an expedited dispute process and then a rescoring to help you if they're good at their jobs
