estoppel or ITS

Discussion in 'Credit Talk' started by gmaof1, Sep 1, 2003.

  1. gmaof1

    gmaof1 Well-Known Member

    What is the difference between a estoppel letter and a ITS? If there is a difference, do you HAVE TO send one before the other? If a CA has received your dispute/validation request and done NOTHING, is it necessary to give them yet another chance at it?

    Sorry, I'm pretty pissed off at the lack of response when it is not in their favor, yet they jump at the chance to scr*w others!
     
  2. Flyingifr

    Flyingifr Well-Known Member

    1: Dispute/Validation starts the process
    2: Estoppel says "don't contact me any more"
    3: ITS says "Send me $1000 or I sue."

    Any violation by the CA of #1 or #2 leads inexorably to #3.
     
  3. gmaof1

    gmaof1 Well-Known Member

    Thank you for putting is so simple!
     
  4. rhondak

    rhondak Well-Known Member

    I have a question along the same lines. If you send the letters and never get the green cards back (in other words, they don't pick up any registered mail), can you still send an estoppel?
     
  5. GEORGE

    GEORGE Well-Known Member

    Re: Re: estoppel or ITS

    CERTIFIED R/R is different than REGISTERED MAIL...
     
  6. rhondak

    rhondak Well-Known Member

    Re: Re: estoppel or ITS

    my mistake, sorry. But the question is still there. If you never get the green cards back, can you still send an estoppel?
     
  7. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Re: estoppel or ITS

    One has nothing to do with the other.
     
  8. rhondak

    rhondak Well-Known Member

    Re: Re: Re: estoppel or ITS

    OK, I was just reading the sample estoppel letter that I have copied from here. It says:

    As I have not heard back from you in over 30 days regarding my notice of dispute dated <insert date>, 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.


    What I'm trying to ask is this: if they don't sign the green card that they've recieved your original communication, if you don't receive any proof that they've received the notice of dispute, does the estoppel letter still hold water? Do you depend on the receipt from the post office for proof of mailing rather than on proof of any receipt of that mailing?

    I'm really not trying to be a pain and hope I don't seem completely dense. I'm just trying to understand the process and the legalities involved.

    Thank you very much.
    R
     
  9. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: estoppel or ITS

     
  10. rhondak

    rhondak Well-Known Member

    Re: Re: Re: Re: estoppel or ITS

    OK, thank you very much. That helps. I just wanted to make sure that I could still send that if I didn't have proof they received the first letter.
     

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