Re: B.Bauer's take on "estoppel" le Basically ESTOPPEL by SILENCE means you didn't speak up in your behalf.Since you never defended yourself you loose the case or what ever it might be. Many years ago a surveyor came here took out his equipment surveyed the place,put his tools back in the truck and drove off. 2 weeks later I got a $255 bill from him for a survey.I called them up and told them I wasn't paying because I didn't order any suravy. I never told him to do a servey.All I did was ask him to look at the job and give me an estimate.The day he showed up he never let me know he was here,what he was going to do or when he left. Do you think that got me out of paying the $255? Not on your life. Why? Because I never stopped him and told him to get his A** outa here. ESTOPPEL by SILENCE. This illistration is exactly why the Estoppel Letters work.
Re: B.Bauer's take on "estoppel" le You are cited into court. You don't appear. You loose by default. Why Estoppel by Silence.
Re: B.Bauer's take on "estoppel" le Thanks for saying that Ottoguy! My feelings exactly! I am very greatful to both Bill and Psychdoc for the debate. It is important to know the strengths and weaknesses of any method one may be thinking of using in his/her situation and better to know what the end result might be. Again I salute them both for the interesting debate. Tuit P.S. Like you I will be stocking up on alot of soap too! LOL
Re: B.Bauer's take on "estoppel" le lbrown59, now I understand the source of the confusion. The problem is that somebody explained "estoppel by silence" to you in a VERY wrong way. I think we've defined it multiple times in this thread -- read through it again. The "silence" part has nothing to do with the consumer defending himself or not... the "silence" has to do with the CAs "silence" when IGNORING the validation letter. You've put the silence on the wrong side of the equation. That said, I also enjoy honing through the finer points of these letters. I'm sure other people are bored to tears, lol -- I don't blame them for just wanting to use the letters and leaving the thinking to the policy wonks who enjoy debating the details. Wonkishly, Doc
Re: B.Bauer's take on "estoppel" le Estoppel ( estopped ) simply means not allowed, stopped or blocked. "It is a bar which precludes someone from denying the truth of a fact which has been determined in an official proceeding or by an authoritative body. An estoppel arises when someone has done some act which the policy of the law will not permit him to deny." There are different kinds of estoppel. There are collateral estoppels, equitable estoppels, and promissory estoppels for example. Estoppels are used everyday in commercial real estate transactions. They are common and well understood. One can be bound by estoppel. Promissory estoppel can be used for example by a court to bind one to a promise that would not be enforceable under contract law.
