CHOD mistakes - Help!

I sent validation letters during CHOD and none of them were answered. I neglected to follow up with estoppel, or 2nd validation letter.

I have disputed them since then with CRA's, but none of them have been removed.

I understand the process now, and could start over, but I don't have time! We are in the process of building a house. The lender told me they could help out, but they gave back the folder of info I gave them saying they could not help after all.

I was going to follow up on this in May, but my Mother became ill and died. This has put me waaaay behind schedule on my credit repair.

Is there any way I can force this to happen sooner?? Any suggestions would be appreciated.

TIA

 

Thanks again, Dave! You are really saving me tonight!!!

I kept reading things that I thought meant I had waited too long and would have to start over!

Glad it was just my dense head and not the truth...

 

Thanks, Hermit. I will let you know if anything "exciting" happens! I could use some "good" excitement about now!

 

Do you think this letter is acceptable for the CA?


United Collection Bureau Inc.
5620 Southwyck Blvd., #206
Toledo, Ohio 43614

RE: Validation Letter Dated December3, 2001
Certified Mail # xxxxxxxxxxx

For Settlement Purposes Only

Dear Sir/Madam:

On December 11, 2001 you received a letter from me demanding validation of this debt, which appears on my credit report. A copy of the letter and the return receipt card, signed by your agent, are enclosed.

Account #xxxxxxxx/ Bad Health, Inc.

Not only have you not responded to the letter by providing me proof of the debt (such as a contract with my signature), you have not responded at all. It has been over seven months.

Your silence makes it obvious that you do not have any such proof. It also creates a situation known as Estoppel by Silence. Here is a definition of estoppel, from Websterâ??s dictionary: Estoppel - "a legal preclusion or bar by which one is prevented from alleging something he has previously denied in actuality or by implication in his action or from denying something he has similarly alleged"

This means you cannot now state that I owe this debt because you have denied its existence by failing to validate it. To put it yet another way: When you neglected to fulfill my request for validation, you denied the existence/validity of the debt. If I really owed you this money, and you had proof, you certainly would have provided that proof in order to collect the debt.

The law also stipulates that when an alleged debt is disputed, a notation must be entered on the consumersâ?? credit report stating that the item is in dispute. This was not done.

At this point, you have committed multiple violations of the FCRA and the FDCPA. I assume you understand the consequences .

I demand that you follow the law and delete this listing from my credit report at all four major credit reporting bureaus (Equifax, Experian, Innovis and Trans Union) by August 20, 2002. Within 72 hours of deletion, please forward to me a letter stating that the account has been removed and will not reappear on my credit reports again by you or another collection agency.

NOTICE: If this item is not removed from my credit report by August 20, 2002, I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.



Sincerely,

 

Not exactly...see my threads "CA responds with MORE accounts" and "Insurance claim form=validation ?"

They lied and said that the account was validated (they sent me nothing) and enclosed health insurance claim forms for both myself and spouse. This was in a letter to the BBB.

I am hoping to find out what to do next...

However, same letter to 2 other CA's resulted in deletion letters, just not sure the letters are on the up and up! (listed different account #). I am thinking they will just show up with a new CA.

 

Thanks, Mark! Hope you are found soon