validation again or estoppel time?

second validation or time for estoppel?

Hi all,

I just want to say while this is my first time posting, I have already used many of your wonderful tips to clean my credit report nearly spotless, going from a high 600s to a mid-800s. Thank you all. It has also made me more vigilant with CRA and the like to be sure misinformation is not tacked onto my CR in the future. So I need some help with whether I should now proceed with a second validation to a CRA or proceed directly to estoppel...

I have a $200 medical bill that I am disputing as not belonging to me. After I received the original notice from a CRA, I immediately responded with a validation letter by registered mail as follows:

Dear Sir or Madam,

You are hereby notified pursuant to the Fair Debt Collection Practices Act that I dispute the validity of the debt you are attempting to collect. This letter concerns your account with Community Hosp of XYZ, account #XYZ, which reflects a balance due of $216.00.

Pursuant to your official notification dated May 9, 2002, I am submitting to you in writing my dispute of your debt collection-related allegations, deny the same, and demand strict proof and verification thereof. I direct you to ensure that all provisions of the Fair Debt Collection Practices Act are met by your firm and that this account reflect no further balance due.

I received a return receipt dated 5/30/02 and heard nothing until a few days ago dated August 13, 2002, a form letter as follows:

Dear XYZ,

You have not responded to our initial attempts to collect this debt. It is time to take a postitive action...send your payment in full or contact me today to discuss a reasonable payment arrangement.

XYZ, 408-XXX-XXX


My question is this...They never replied to anything for more than 60 days. Not a peep, until this form letter sent 73 days following my initial return receipt correspondence, indicating no receipt of anything.

Should I send a second validation? Or proceed directly to sending an estoppel letter, since from a sample on these boards, I gather that 60 days without a reply is some sort of magic number?

Please advise and I thank you all deeply in advance.

Cheers,
Rich

 

Re: second validation or time for estoppel?

Thanks for the prompt reply. I've combed the sample letters and I'm not certain whether the sample I chose is considered an estoppel letter. Can someone weigh in if this will suffice as the estoppel? I just don't want to make a misstep since the CA has already failed to respond to my initial validation request some 82 days ago...



Re: Community Hosp of XYZ, account #XYZ

Dear Sir or Madam,

I am writing to dispute the validity of the above referenced item pursuant to the FCRA. The FCRA requires you to verify the validity of the item within 30 days. If the validity cannot be verified, you are obligated by law to remove the item. You received my initial correspondence, delivered by registered mail on May 30, 2002, requesting validation of the above referenced item pursuant to the Fair Debt Collection Practices Act. To date, you have failed to respond to my request for validation, placing you in non-compliance with federal law.

In the event that you cannot verify the item pursuant to the FCRA, and you list the disputed item on my credit report I will find it necessary to sue you for actual damages and declaratory relief under the FCRA. Because the FCRA provides concurrent jurisdiction in federal and state courts, I shall elect to use the XYZ County (CA) Superior Court to bring appropriate action against you.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.

I look forward to an uneventful resolution of this matter.

Sincerely,

 

Re: second validation or time for estoppel?

bump