Estoppel Letter

To Whom It May Concern:

As I have not heard back from you in over 60 days, regarding my demand for proof, since my notice of dispute and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:

1) Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.
2) What is your authorization of law for your collection of information?
3) What is your authorization of law for your collection of this alleged debt?
4) Please evidence your authorization to do business or operate in the state of Florida.
5) Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

You have 15 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter (with return receipt) will begin my small claims action against your company. I will be seeking $5,000 in damages for the following:

1) Defamation
2) Negligent Enablement of Identity Fraud
3) Violation of the Fair Credit Reporting Act

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

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.

Witness My Hand and Seal this 4th day of January 2002.

 

Dunno...good question. I don't think so.

Have fun with the kids and DH!!!

 

Send it out after 30 days. After the next 30 days, send out a demand for deletion to them based on their violations and to the cra.

 

I just have a quick question. Do you sign the estoppel letter or do you just leave it printed with your name? I sent the validation letter without a signature but I printed out my name on the bottom of the letter. That still counts, doesn't it? I just received the green paper where they signed for it. Just waiting for the thirty days now.

Janet

 

Janet-
I don't sign my estoppel's just cause I'm afraid the CA may transpose it. UKnowWhatIMean?

 

Thanks KHM. I feel the same way. Another question. Have you had any successes with the validation letters and estoppel letters? I just sent my first one out. Thanks!!

Janet

 

Not signing your validation letters do not make the request for validation invalid.

 

I sent out a VL in November to a CA, they sent a lame printout, I ignored it and sent the estoppel December 17th giving them 15 days, I've received nothing from them. So IF they put it on my CR, I have the ammo.

I sent a VL to Collectech, they received it 12/18 I got NOTHING from them until 1/11/02, they sent a collection notice. SOOOO on 1/17/02 I am mailing out the estoppel as well as a demand letter for violating the FDCPA. If they ignore it I WILL sue them, I have them with HARD proof. This one is NOT on my report either, although I hope they put it on, so I can apply for a card and get denied and sue for more money, if this happens I will get a lawyer!

I sent to a PAID CA, a letter stating they violated the FDCPA. When I set up payments for hubbys med bill, I did postdated checks automatic withdrawl. The CA was supposed to "remind me" with notices before depositing, and they didn't PLUS they talked to me about hubbys account, big no no. 2 FDCPA violations. I told them I would NOT file if they delete. I faxed it 1/12/02 giving them 10 days to respond.

This isn't all mine, some are for hubby. The paid Ca's I've just been faxing, its easier and cheaper. If it doesn't work for the paid one, I will CRRR and give them another 10 days.

Sorry for babbling!

 

Just to clarify, you would need to sign if you include that line. I think, but not sure, it means notarized as well. They take it more seriously if it is as well.

 

I only give the acct#, If you put the "witness this day" then that means it's notarized, with your sig. I would skip that part.

 

I don't really know what it means. That is LizardKing's letter that I saved on my hard drive. I just cut and Pasted it here (gotta love cut & paste).

Maybe Lizard or LKH can help.

 

Account number should be enough for them to cross reference your info. in their computers.