Lizardking....please help!!

Discussion in 'Credit Talk' started by mvfl, Apr 18, 2001.

  1. mvfl

    mvfl Guest

    A month ago I sent out a couple of validation letters to collectors, using the sample you posted here. I have not gotten a response, so I am ready to send the second letter. Can you post a sample of what should be in the second letter? Or should I just repeat what's in the first letter and add that it's the second notice and that I plan to seek legal action if they fail to respond or correct my report?

    Thanks Lizard!!!
  2. Marie

    Marie Well-Known Member

    Re: Lizardking....please help!

    there's a second letter. It sets up the argument that, since they didn't validate after the first letter, you're legally allowed to assume that no proof exists; hence, no debt exists (silence by estoppel). For copies of some letters and info, you can go here:
    Here's the letter I use. LizardKing may use this one or a variation...

    This second notice is my response to your unsigned letter dated xxx, 2001 (copy enclosed).

    As I have not heard back from you in over 30 days since my notice of dispute dated xxxx, and since 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 the 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: As I have no account with you, nor an I your customer, nor have I ever entered a contract with you, I must ask you to provide the following information:
    1. Please evidence your authorization under 15USC 1692(e) and 15USC 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 this state.
    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 your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof, or correct the record to show this debt is void.

    For the purposes of 15US 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 or status.

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

    Witness My Hand and Sear this XX day of xx, 2001.

    your name
  3. Marie

    Marie Well-Known Member

    Re: Lizardking....please help!

    OH, make sure to add in also that page of "fill in the blanks" you sent the first time.

    I always send both in the same letter. Why? b/c even if they do the fill in the blanks they always miss the first 5 questions at the top... :p

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