I am in the process of sending out Estoppel letters and validation letters. I have disputed with Equ & Exp and it looks like these companies are verifying these collections. My question is: once you send out the Estoppel what is your next course of action? Is it: copy of correspondence to ca (val. & Estoppel) sent to the CRA asking for deletion because they didn't remove? Then if CRA doesn't delete, you then file suit? or Do you: file suit against ca for failure to validate debt and any violations of the FDCPA? I would really like to know because, I'd like to build a house by this Spring, Summer the lastest and my patience is starting to wear very thin! I just need to know my next course of action so I can start to prepare. One thing that I did that was stupid, I did not print out the online disputes with Equifax. But, it was done within 30 days. You live and learn, right? Thanks
I would do both. If the ca does not respond to the validation and estoppel, send copies of all to the cra's asking for deletion because the ca obviously has no proof of the debt. You could if you want at that point, file suit against the ca if they have not placed a notice on the account with the cra that consumer disputes acct. The FDCPA says it is not a violation if the ca does not validate as long as they don't continue collection activity until they do validate. So you will have to have other violations than they didn't validate to have a worthwhile lawsuit. But, again, if they don't place a notice with the cra, they are in violation and you may get away with a lawsuit. I think if they don't respond to the estoppel, your best bet is demanding the cra remove it.
The steps I took was as follows: 1a) Send letters to all CA's/Creditors that are negative on your CR asking for validation of every single negative. (send certified) 1b) Dispute same negatives with the CRA's (all 3), do this in writing. (send certified) 2) For lack of response or not sufficient/complete enough response, assumedebt is invalid.. followup with 2nd letter assuming debt is NOT yours. Demand removal from CRA. (send certified) 2b) Dispute remaining negatives with CRA's (all 3), do this in writing (send certified) 3a) Send final letter, threatening to sue if the CA/Creditor does NOT remove the negatives from CRs. (send certified, return receipt requested) 3b) Dispute one final last time and warn that you will be filing lawsuit with CRA. (send certified, return receipt requested) 4) File lawsuits against 3 CRA's, set court dates for different date. 5) Send copy of lawsuit and settlement letter to CRA's and offer settlement. (send certified, return receipt requested) 6) If they show up, then you have a HUGE paper trail. Make sure you make copies of everything you do listed above. I will post all the letters I used as well and my details of the results and how I handled everything..
Thank you for the responses. I am going to continue on my path and try with the CRAs first. When you disputed with the CRAs did you use the regular employees or did the consumer advocate office handle your complaints? Or Did you only get access to the consumer advocate's office after you filed your lawsuits?? Or Does it not make a difference? Thanks!
