Is estoppel letter bunk?

Ok. I've been reading various credit boards, looked at everything including the estoppel letter.

A couple of days ago someone posted a link to a collections board, kind of the CA version of this site.

I was roaming around there looking at things to get a perspective for the other side. I ran in to a number of posts that basically said the estoppel letter was a load of bunk.

So now I'm a bit confused. Does anyone have an actual legal opinion on the estoppel letter being valid or not?

 

Quote wasn't quite working right so I'll do it the old fashioned way.

>>I don't see where it makes any difference if it is or not.

In the legal arena it always makes a difference. If I sue you for X and say that you violated the law when you didn't I have no grounds. If a cop pulls you over, gives you a ticket for speeding and you end up in court and he says you were driving a grey 94 Camarro when you were driving a green 94 Firbird you can argue that his memory and notes are incorrect and reflect on the rest of his testimony.

I've spent hours last night looking for a copy of Engelhardt v Gravens to see exactly what was there. I researched estoppel as well. The closest I could come would be estoppel by aqcuiescense or equitable estoppel. Same basic thing I guess.

>>PS:
>>Let me assure you a CA won't consider the ITS and law suit following their ignoring the estoppel >>bunk

I imagine not, but if you keep everything legal and proper then you end up with a better case in the long run.

 

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So basically the estoppel letter is just another step in requesting validation and letting them know that:

1) they have been given a reasonable timeframe in which to reply

2) that their silence will be considred proof that they can not back up their claim of a debt owed.

Do I have that right?

Reading up on estoppel, it appears that it prevents a party from introducing evidence contrary to their previous actions/statements/or lack thereof, in this case the action of not providing proof within a reasonable time. Silence is an action it appears, as is doing nothing.

Correct?

Do you know of ay links to the case usually cited in estoppel letters?

Thanks for your help in this

 

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Preedom - In that light it makes perfect sense to me.

 

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Phreedom - Agreed. the Internet is making for informed consumers. For all the good there is still bad information out there.

As for them making things up. My girlfriend received a letter from a CA today. Plain paper, plain document, no notice of rights under Colorado law. Checked the Colorado Collection Board agency and they aren't listed, they have no license, they can't do business in the state. The letter made me laugh. I'll post it in another topic.

 

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Butch - I started the fixing my credit report journey when I was turned down for 2 mortages. For the first one, my gf started training as a loan officer and since I was looking to buy a house, her and her trainer decide to go for a mortgage of $180,000. When my they got my "triple" her trainer (and head loan officer/partner of the mortgage company) company said "Nope, no way, not for a dollar. I was surprised that there was ANYTHING on my report. Then the second mortgage was pulled when I retained a buyer's broker, again same amount of $180,000.

Since then I have been able to get some of the TU errors (4!! including an OC) corrected, but I have the same two CAs reporting to at least TU, Experian, and 1 of them to Innovus. I don't know about Equifax because they have not responded citing address and identificatio proof needed... which they received in my first contact with them.

So, I do have damages if I'm reading things correctly. Now are those damages per turn down on mortgage ($360,000 total) or just the base amount of the mortgages since they were the same?

With some work, crappy rates and terms I can get $150,000 ... but when you factor those negatives in over, say, 30 years... It also means I'll be buying the house I rent from my landlord, and it needs between $20,000 and $50,000 in work depending on the estimates.

If I hadn't decided that based on the current market, rates and that I'd rather pay $1300 per mont on a mortage than on rent I'd never have known there was a problem with my credit reports. I got into trouble when I was younger (and making much more) and have stayed away from anything but cash, check, money order or debit card, If I ain't got the money for x, I don't need x.

 

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Not quite on the topic, but dealing with Defamation:

My basic situation is that I found out about the CR errors when I tried to get a mortgage, two in fact, and was turned down.

In contacting TU I was able to get 4 out of 6 items removed, including an OC. There was one item from NCO that should have been removed a couple of years ago, and I still have the Certified letter I sent them. One of the remaining is a definate duplicate of the OC (same company/amount). A TU rep told me on the phone (recorded since I'm allowed to in Colorado) that the OC could not verify the info and aked for i tto be removed, I've contacted the OC to confirm/deny this as the TU results didn't say why it was removed (and I don't want it haunting me in the future, and as proof against the CA). The other is within a few dollars of the OC and the other CA, uses a former name of the OC pre-merger.

Experian has the same two CAs as still on the TU. Innovus has the definate duplicate from the TU.

Equifax has refused to date to even provide me a copy of my CR, even though Iprovided them the address and ID proof I knew they would require. Have a second letter off to them with the copies of the initial letter.

Does that make sense so far?

Now the current choice. I can get things fixed and call it even. Get my mortgage and go on with life.

I can file a couple of FDRA suits here in Colorado and get a few thousand.

Or I can put on my Erin Brokovich hat, as a couple of my friends have refered to my helping them with a labor case athey have nd go for Defamation and punative for at least $180,000 plus the FDRA and FDCPA/Colorado FDCPA violations and be sitting very nice once it's all said and done... 50% downpayment, car all fixed , house all fixed (or better house), some new furniture/etc a decent vacation next summer and money in the bank for my daughter's education.

The last does have it's appeals, but I'm not sure that's what I'm after. Just letting it go kind og bothers me on principle. And the middle is just that, a compromise between two extremes.

I've always made it on my own with little help from anyone else and never asked for more than a fair chance.