How long can CA show Dispute

Discussion in 'Credit Talk' started by queen-iam, May 28, 2003.

  1. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: How long can CA show Dispute

    Estoppel Letter
    DON'T CHANGE
    Send CRRR

    Your Name
    Address
    «City», «State» «Zip»

    Company»
    Address
    «City», «State» «Zip»

    «Date»

    RE: Dispute Letter of <insert date>

    Dear Sir/Madame:

    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.

    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:


    Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

    What is your authorization of law for your collection of information?

    What is your authorization of law for your collection of this alleged debt?

    Please evidence your authorization to do business or operate in the state of Florida.

    Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.


    You have fifteen (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 will result in a small claims action against your company. I will be seeking $5,000 in damages for the following:


    Defamation

    Negligent Enablement of Identity Fraud

    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.

    I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

    Sincerely,

    Your Name DON'T SIGN



     
  2. queen-iam

    queen-iam Active Member

    Re: Re: Re: How long can CA show Dispute

    Thanks guys.
     
  3. lbrown59

    lbrown59 Well-Known Member

    1*OK- so the way I read this is that the CA can report AFTER you've requested validation IF they mark it in dispute.
    2*HOWEVER, they cannot continue to verify the TL with the Cars BEFORE providing validation- they must then choose to cease collection activity i.e. delete.
    =================
    1*A CA may not report it within the 30 day time frame
    After the 30 day time frame the CA can report it provided that they have not received a validation letter from the consumer. Either with in or outside the 30 day window.
    2*which includes removal of all notations including marked in dispute.





    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
     
  4. lbrown59

    lbrown59 Well-Known Member

    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
     
  5. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: How long can CA show Dispute

    White Out

    2*which includes removal of all notations including marked in dispute. """""""""```~~~```'"""""""""
     
  6. queen-iam

    queen-iam Active Member

    Re: Re: Re: How long can CA show Dispute

    Ok, Lb so I am assured that I have them on a few violations, they marked in dispute in February, and they have continued to verify every month thereafter, without providing me validation. I sent the Estoppel letter, hoping they will delete. If not do you think I should send the follow up CRA letter to Equifax asking them to delete?
     
  7. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: How long can CA show Dispute

    now isn't that a violation?
    queen-iam
    ======================
    Every time they do that it adds another violation.
    How many Violations do you have on them.?
    Have you sent the estoppel?
    After estoppel the next step is ITS then its off to court.
     
  8. queen-iam

    queen-iam Active Member

    Re: Re: Re: How long can CA show Dispute

    That's definately a violation, I just wanted to hear more people back me up on it. haha. thanks lb
     

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