60 days is widely accepted in court

Re: Re: 60 days is widely accepted in court

1.send validation request to CA CMRRR - Wait 30 days from time you receive green card back

2.send second request CMRRR demanding validation giving them 15 more days . In addition dispute TL with CRA

3.After 15 days send estoppel letter to CA if they have failed to provide validation

CA does not have to respond to either the validation letter or estoppel letter, but as jlynn says they cannot continue collection efforts if they have not provided validation 30 days after your request

the logic here is that you are creating a paper trail of prima facia evidence that the CA has violated portions of the FDCPA if they do any of many collection practices (call / contact you, update TL's with CRA's, hard pulls of you CR, etc)

armed with your evidence, you have "leverage" to demand they delete derogatory imformation, or
face lawsuits

 

Re: Re: Re: 60 days is widely accepted in court

You'll be fine. Just take a deep breath, relax, and wait for the (non) results to come in so you can sue them.

 

Re: Re: Re: 60 days is widely accepted in court

I like that interpretation of my signature. Actually, it comes from a science fiction book called "Hitchhiker's Guide to the Galaxy" by Douglas Adams. It is part of a 5-book trilogy. I know, a trilogy is three, but things aren't always what they appear. He wrote three books then added two more later.

Don't confuse him with Scott Adams of "Dilbert" fame. Douglas is (or rather, was, as he passed away several years ago) British.

And 42 is the answer to life, the universe, and everything. But you need to read the books to get the full impact.

 

Re: Re: Re: Re: 60 days is widely accepted in court

If I remember correctly from friends that quoted Hitchhicker's on a daily basis, I tried to read it but it kind of loses something when you know it well enough to know what's going to happen next, they never were able to prove that 42 was the answer to "Life, the universe and everything"... thus for many years I've said "42 is the answer to life the universe and everything... except that the person who wrote 42 was dyslexic and meant to write 24, thus they were never able to prove it..."

I actually made it about a 1/3 of the way into book 5, I have the 5 book bound edition... or one of them anyway.

 

Re: Re: Re: Re: 60 days is widely a

42 is the answer, but what is the question? After millions of years of computation, the Vaughns destroyed the computer that was trying to answer the question of what is the question to build an interstellar bypass.

It's been years since I read the "Increasingly inaccuratly named Hitchhikers Guide Trilogy" Every time I see your tagline I would think of it.

 

Re: Re: Re: Re: 60 days is widely a

Yes, 42 was the answer, but what was the question. At one point in the book, it appears that the question is what is 6 times 9.

One of my friends proposed that maybe he was using base 13 (6 * 9=54, 54 is 4 thirteens and 2 ones). So when Douglas Adams was on a talk show one time, I called and asked him if that's what it meant. He got a little excited and said no, the point was just that it was wrong.

But you're right, we never did find out what the real question was.

 

Re: Re: Re: Re: 60 days is widely a

I kind of figured that it was just wrong, but it's been too fun all these years to answer the question of "What's the life..." with "24, cause the guy who wrote it was dyslexic". Drives some Hitchhiker fans over the edge, makes others think

 

Re: Re: Re: Re: 60 days is widely a

The question was what is 6 times 7.

When they built the next computer to figure out the question (Earth), they got the question out of a bag of rocks.

(I'm a big Douglas Adams fan - have read them all - most more than once!)

Do you know where your towel is?

 

Re: Re: Re: Re: 60 days is widely a

Of course. I always travel with a towel.

But it wasn't what is 6 times 7, it was what is 6 times 9. That was his whole point--that it was the wrong question for the answer.

 

Re: Re: Re: Re: 60 days is widely a

hehehe Well, it has been a couple of years since I read it last.

I actually have a leather bound copy of the whole "trilogy".

Have you also read the Dirk Gently's Holistic Detective Agency and The Long Dark Tea Time of the Soul?

 

Re: Re: 60 days is widely accepted in court

Whenever that happens always revert to what Butch says. LOL


To clarify: the language of the Estoppel letter in the sample section is the problem, not the Estoppel Doctrine itself.

Snake, have you studied "What Is Validation" (link below)?

It speaks a lot about "Prima Facie Evidence", a concept you should at this point get a handle on.

To cut a long story short, the "Doctrine of Presumption" dictates that if I say something, it can be presumed to be true UNTIL you object to it.

It IS this very concept that creates the language at the bottom of your first dunnig notice:

"If you have not disputed within 30 days this debt will be ASSUMED to be valid".

See?


PS. Sounds like it's time for an Estoppel discussion.

.

 

Re: Re: 60 days is widely accepted in court



Every time I see the name "Snake" I think of Snake Blisken, the one eyed hero that saves the earth.

Somethin about a prison camp of the future on Manhattan Island.

LOL

 

Re: Re: 60 days is widely accepted in court

rhondak, yes I've read them, but it's been a long time since I read any of them. Maybe I should do that some day.

I don't have a leather bound copy but I have an autographed copy, not sure if it's the trilogy or Don't Panic.

 

Re: Re: 60 days is widely accepted in court

They are the only books that make me laugh so hard I have to stop reading until I stop laughing.