Hi, I need help with this please.....I sent validation to a CA for an account that is about $1800 and no response and I then sent another letter of validation and again no response, so I sent copies of these letters and green cards, along with a request for deletion letter to delete unvalidated debt to the CRA's and they wont delete instead they came back and said verified. I dont know what to do next but as far as I can tell on the credit reports it looks like another CA now, (maybe not, really have to check, sorry) Anyway, what should I do?? I been reading post on similar subjects and saw something about "nutcase letter" and "estoppel letter" but I cant find them to see if it fits my situation, I looked under sample letters,( I cant find it), if anyone has any suggestions that would work, I would greatly appreciate it, this account is really a thorn in my side, I need this deleted to qualify for a mortgage and I cant seem to make it budge. Thanks for any input on this.
"Nutcase" is for paid collections, which it sounds like this is not. Since you have sent 2 validation requests to the CA (I hope that you send them CRRR) then your next letter is the estoppel letter, followed by the ITS. You may want to send copies of this validation request to the new CA, and I would suggest searching the board regarding this, as this is a tactic that OC's often use to stall the debtor. Send a PR to the CRA, to find out how the CRA verified a debt that is being validated. It doesn't matter that the account was transferred/sold/assigned to another CA as the original CA was notified, and in turn should have notified the OC. The real catch here is that you can sue to have the debt removed from your report, but you can still be sued for the amount owed.
Thanks for the answers...I did send crrr and I see you said I can sue and they can sue me for the amount owed too, I know the sol isnt up on this account so I can be sued BUT can they sue me without validation and win? How do I go about this exactly? Should I sent estoppel to the original CA and forget about the new CA altogether or send estoppel to new CA AND original CA? If I send estoppel to new CA send them copies of the two validation request I send to original CA along with it? Also what usually happens with a PR request to the CRA's do they take it seriously or ignore it? Does it ever result in deletion? Sorry if this is confusing, I am a little confused myself. I am stressed about this one entry on the credit report this item means either we can get the house or not and I only have 45 days in order to clear this up. Oh if it helps any the date of last activity on this account is almost 2 years ago. Thanks
Since this will all take some time you might want to consider sending the estoppel right away with a 15 day time limit, and then faxing the 72 hour ITS. Again, look for other posts regarding the transfer of the account to another CA after you have requested validation. You might find out that it may take longer than the 45 days that you have, and settlement might be the best approach with the requirement of deletion to the new CA. You might be able to get the new CA to accept the terms if you indicated that this account was in dispute with the first CA, and was never verified, and is probably not valid anyway. Your back is against the wall on this, and of course if you decide to pay without the deletion being accepted by the new CA if you get to court your defense is that you were required to pay by your lender, and even though you didn't beleive that this account was valid, you had no real choice since you needed shelter.
thanks for such a quick response, but a quick question...i have searched through all 3 credit reports looking to see if the original CA did indeed send the account to another CA and cant tell.. How would I be able to? the account number is the same on the reports as it was since I started this and I didnt get from Credit bureaus any new addresses of the exisisting creditors (you know how they send you a copy of your report with the addresses so you can dispute it with the CA) BUT from TU I did get a reply to my investigation and under this account it says "new information below" ??? As far as I can see nothing new about it except it wont go away. Is it possible they sent it back to the OC? Now should I just send out the esptoppel to the CA that hasnt answered my previous request? OH I do see that next to the account "date reported 7/03" so they did continue to report this account as collection without validation,! but not sure who to send the estoppel to...I think the CA I have sent the 2 validation request to because I cant see any other address or anything to send to another one if I wanted to. thanks for your opinion on this
Quick question for you, is the OC reporting, or the CA. Send the estoppel to whoever is showing, but as mentioned before, you might still want to have the settlement waiting in the wings if the time limit gets too close.
I am not sure because report looks like it did 5 months ago, no change as far as who is reporting but when I sent validation request I used the address of the collection letter I received in the mail from this CA. Yeah thats a good Idea to have a settlement ready but what can I say so that I can get a deletion... Thanks Tiger for being quick to respond to my questions, big help.
Thanks for the answers...I did send crrr and I see you said I can sue and they can sue me for the amount owed too, I know the sol isnt up on this account so I can be sued ****BUT can they sue me without validation and win? fixinitup ================ ****I think it would be hard to win with out proof don't you.???????? THE END ** *** ** LB 59
Thanks for the answers...I did send crrr and I see you said I can sue and they can sue me for the amount owed too, I know the sol isnt up on this account so I can be sued ****BUT can they sue me without validation and win? fixinitup ================ ****I think it would be hard to win with out proof don't you.???????? THE END ** *** ** LB 59
?? I been reading post on similar subjects and saw something about "nutcase letter" and "estoppel letter" but I cant find them to see if it fits my situation, Fixinitup ============== This fits your situation, 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 ____________________ . 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 $____________ 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 """""""""```~~~```'""""""""" THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
The real catch here is that you can sue to have the debt removed from your report, but you can still be sued for the amount owed. tiger00 ================== So then why not have it off your report then? THE END ** *** ** LB 59
1*date reported 7/03" so they did continue to report this account as collection without validation,! 2*but not sure who to send the estoppel to...I think fixinitup | ============== 1*1000 violation 2* the CA you sent the 2 validation request to THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
and dont know what to do..help I'm sure that they would be able to validate if they sued. They aren't on any time limit, other than the SOL and they would have from now until then to put the case together. tiger====== ============ 95% of the time they can't validate so that's why they don't sue.
It's common for an account to be sold from one CA to another. You probably don't know if it was sold CA to CA or if the CA returned it to the OC who sent it to another CA. In this case it probably wasn't sold, just assigned. First, send a validation to the new CA. You're done with the first CA as long as they delete the account from your report. If they delete it, you have nothing to sue them for. They are not reporting the debt. When they couldn't validate it they had it deleted. Delete the first CA with the CRA. It shouldn't be verified, since it no longer exists, and it will come off. If not, it's time to think of suing. You may get passed around to several CAs before this is done. Just keep sending validations to the new CA and disputing the old one.
