So I requested a validation from a medical entity through a Collection Agency in December 02 and again in February 02 (certified mail, return signed receipt, etc. etc. Thanks Creditnet!) with still no response. Finally broke cardinal rule (I know, I know) and tele'd CA just to find out what their prob is (and to get ready to go nutcase if they had gone ahead and reported this to my CR). CA says original creditor (hospital) has now failed TWICE to respond to request for validation and as a result CA has a "hold" on my account. Question: Hosp has now failed to provide Validation first requested December 13, 2002. How long do we have to wait or be on "hold" awaiting validation before we can tell them to forget about it (or can we?)
I assume the estoppel is on this fabulous website somewhere? Hint hint ... And send to "them" means the hosp via the CA? Or to the hosp and cc: the CA? Thanks so much!
The estoppel is one of the sample "Debt Validation" letters, I had to read them to find the one that mentions the "doctrine of estoppel". To the CA.
Thank you. And, of course, in the orig post I meant Dec 02 and Feb 03. Thanks to all who were too kind to question why a validation was such an issue for a woman who could, it appeared, time travel. duh.
Re: Re: How long to wait for validation? Here is the letter as you want it . «Your Name» «Address1» «Address2» «City», «State» «Zip» «Company» «Address1» «Address2» «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» Printed not signed
