Now how do I proceed??

Discussion in 'Credit Talk' started by Missy1962, Oct 7, 2003.

  1. Missy1962

    Missy1962 Member

    First of all this is a GREAT site! I have been reading a lot of stuff on here. I am trying to help my friend with this stuff with CA's. I want to make sure I do the right thing before I proceed any further. I have read a couple of different ways to do this, so this is why I am asking. I have sent 2 Validation letters to 3 different CA's, with No Response at all. I have waited 30 days between each one and sent them CRRR. So...now it has been 60 days and I am not sure how to proceed.
    1) Do I need to now send letters out to the CRA's??
    2) Do I send any more letters to the CA's??
    3) I live in Indiana if that makes any difference.
    4) I have seen the letter printed below a few times...do I need to send this now??
    THANK YOU SO MUCH...I am looking forward to your advise! :)

    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
     
  2. lbrown59

    lbrown59 Well-Known Member

    1)Do I need to now send letters out to the CRA's??
    2) Do I send any more letters to the CA's??
    4) I have seen the letter printed below a few times...do I need to send this now??
    Missy1962
    ================
    1*Dispute with the CRAs.If it comes back verified you have the CA on a $1000
    violation for verifying without validating.
    2*See 4*
    4*After you get the disputes back send the CA this letter.

    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  3. Missy1962

    Missy1962 Member

    Thanks for your advise. I will start sending out letters to the CRA's.
    1)I have been looking through the different sample letters that are on this site. Do you have a suggestion which would be best?
    2)Do I send anything else along with the letters ie: the green cards, etc.? ( or at least a xeriox copy of them)
    3) Should I send letters to all 3 CRA's?
    4) When and how often should I start pulling a Credit Report to see if they say "in dispute", etc?
    Thanks Again! :)
     
  4. lbrown59

    lbrown59 Well-Known Member

    Thanks for your advise. I will start sending out letters to the CRA's.
    1)I have been looking through the different sample letters that are on this site. Do you have a suggestion which would be best?
    2)Do I send anything else along with the letters ie: the green cards, etc.? ( or at least a xeriox copy of them)
    3) Should I send letters to all 3 CRA's?
    4) When and how often should I start pulling a Credit Report to see if they say "in dispute", etc?
    Thanks Again! :)
    Missy1962
    ==========
    2*No.
    3*Just the ones reporting it.




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    """"```--~~~~~~~~~--```'""'''
    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     

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