Re: Re: Re: Re: Bogus validation--should I sue? Why are you even thinking about this when the first step has not even been completed?
Re: Re: Re: Bogus validation--should I sue? If you can print in 6 point type I guess you can do it. Its got to be that small or it won't all fit in. And it can't be any smaller because it would not be legal. If you can do that you are better than most for sure. I use a rubber stamp made especially for that purpose and I guess you could use an IBM selectric if you have the 6 point balls for it or any other typewriter that can produce 6 point cap. I understand that there are some folks that have done it on laser printers. I think somebody said quicken or one of those programs had a deal in it that would let you print endorsements on the back of checks. Always more than one way to skin a cat but trying to skin this cat by hand don't sound like a good idea to me.
Re: Re: Re: Re: Bogus validation--should I sue? Maybe its because some people know better than to jump into the swamp without first making sure there are no alligators in there waiting to bite them. On the other hand there are those who love to live dangerously. Different strokes for different folks, dontcha know?
Re: Re: Re: Re: Bogus validation--should I sue? Lbrown, I believe Bill is recommending that this should be my first step, i.e. to send the $53 cashiers check with westcap endorsement and cover letter to the CA and hope they cash it. If they do, then they will have to delete per the contract on the check. If they don't cash it, then I would proceed with estoppel and sue them if necessary. I could also try the $53 westcap in one letter to the CA, and also send estoppel for the $238 collection in a second letter to the CA with hard-hitting language as Cinderella had suggested (parallel approaches, if you will). This is a tricky situation because the same CA is reporting both accounts from two different OCs. It is anyone's guess as to which approach is best for this CA that believes I need to "suffer the consequences" for not paying these two medical bills on time.
Re: Re: Re: Re: Bogus validation--should I sue? It was my intention that you do the $53 one first and then do absolutely nothing further until the results of that is known. If it works then feed them the second check and see if they take that one too. If it don't work then analyze the situation to see what your next step should be.
Re: Re: Re: Re: Bogus validation--should I sue? Also, as I said, I do have the westcap rubber stamp. It costs about $40 to have one made so thats just a bit expensive for someone who is only going to use it once or twice. So I offer to let people get their certified bank cashier's check all made out to where it is supposed to go then mail it to me and I will stamp the back of it and mail it on in the stamped addressed envelope that you also send me with your return address on it so it looks like you actually did send it instead of me. I get $5 for stamping it and taking it to the post office for you. If you want it to go certified so you know for sure they got it and when then you have to include 2 stamped envelopes, one of which is addressed to you so I can mail you the paid receipt and the white slip so you can track it and then I get $10 for the whole deal due to the extra costs of sending CMRRR. Lest anybody thinks I'm trying to get rich off of that offer, I got my stamp about a year ago and haven't even come close to paying for it yet. I don't charge local people anything if they bring their check to me and I stamp it and they mail it off.
Re: Re: Re: Re: Bogus validation--should I sue? I think I may take you up on that, Bill. I presume that the materials would be sent to your Oklahoma City office and that you would copy the back of the stamped check for my records. Also, is there a standard cover letter that typically accompanies the check?
Re: Re: Re: Re: Bogus validation--should I sue? You have a recording of the rep stating "you need to suffer?" This would be explosive in court. Before you shoot for the moon in court, 2 questions: Are 1 party recordings admissable evidence in your state and also what is the burden of proof for punitive damages in your state?
Re: Re: Re: Re: Bogus validation--should I sue? Yes, I can do the photocopies for you as well. They aren't all that expensive. Email me first just to be sure you get the right address.
Re: Re: Re: Re: Bogus validation--should I sue? Boywonder, Yes, I just listened to the tape again to make sure and here was the conversation: ME: I need to get a deletion off the credit report for payment in full. HER: And why is that? ME: Because it's a negative on my credit. HER: Right, because it was not paid so therefore you got to suffer the consequences of what happened because it was not paid on time. I also argued with her over the content of the initial letter they sent. She claimed that I had 30 days to pay it before it went on my credit report and was notified so in the letter. I said the letter did not state that, to which she replied "it states to have it paid before the 30 days or else it will become part of your credit file." However, she is wrong because the letter did not state that I could keep it off my credit report simply by paying within 30 days. In fact, the day after I received the collection notice I even sent the OC a letter saying that I would pay the bill in full if they would agree to remove the listing from my credit reports. The OC never responded. Yes, we are a one-party state. As to your second question, our state does not have its own FDCPA regulations so the federal statutes would apply. Any lawsuit that I filed would probably be in federal court anyway.
Re: Re: Re: Bogus validation--should I sue? 1. Send estoppel to CA with 15 day deadline 2. Include settlement offer with 15 day deadline 3. Forward copy of settlement offer to the OCs 4*and would likely end up paying the CA and their attorney fees. greenvan ======================= 1*Correct 2*No don't include this because it contradicts the Validation and Estoppel, 3*No again for same reason as in #2. 4*Why on earth would you have to pay the CA for violating your rights? The END ************************* LB 59
Re: Re: Re: Bogus validation--should I sue? Because, LB, if a judge orders you to pay it in a MSJ and garnishment proceedings and you don't know how to fight by finding a reason to file MTDVJ or don't know how to file it and argue it if necessary then you will end paying the CA for violating your rights. That is why.
Re: Re: Re: Bogus validation--should I sue? lbrown, Thanks for your comments. As you can see later in the thread, I decided to try the westcap endorsement on the $53 collection first to see if the CA will cash the check and then delete the negative tradeline per the endorsement. I will then reassess the situation once I see how the CA responds to this. Bbauer is supposed to be stamping the westcap endorsement onto my cashiers check and mailing it out as we speak... boywonder (or anyone else), You suggested that my tape of the CA rep stating "you need to suffer" would be explosive in court and that I should consider shooting for the moon in court. Below your post I provided a short transcript of my conversation with the CA rep. In your learned opinion (or anyone else on the board), based on the transcript do you still believe this would be explosive in court?
Re: Re: Re: Bogus validation--should I sue? Yes, I do. I firmly believe that it would be somewhat like walking into the courtroom with a live handgrenade, pulling the pin and carefully watching the hammer hit the pin at arms length. It will blow up in your face. Well, probably not that bad but you get the idea.
Re: Re: Re: Re: Re: Bogus validation--should I sue? Please excuse my ignorance...I've been reading the posts, studying in order to prepare my own plan, but somehow, I'm missing what's happening with this westcap endorsement mentioned in this thread. Can someone please explain the purpose/logic for doing this?
Re: Re: Re: Re: Re: Bogus validation--should I sue? I have just this evening posted a thorough step by step outline and explanation and I really don't feel like doing it again. May I respectfully suggest that you look for that thead and about all you should have to do is to either search for westcap or bbauer and you will be sure to find it.
Re: Re: Re: Re: Re: Bogus validation--should I sue? I'm sorry to bother you. I will look up the posts as you suggest. Thanks
Re: Re: Re: Re: Re: Bogus validation--should I sue? Don't be sorry to bother me. If it weren't for people bothering me I'd just be a bored old man sitting in front of a tv day and night watching Homer Simpson and waiting to die.
Re: Re: Re: Re: Re: Re: Bogus validation--should I sue? IMHO not the absolute worst thing to be doing LOL
