Kristi, I hate to say this but estoppel is a completely different issue. What you are really implying is a breech of contract between the original two parties. Since the third party is not actually named in the conrtact (third party=CA) then any transfer or assignment without the consent of the debtor is a breech of the original contract. This is where it gets tricky..You are right that since you dont owe the collector a penny, you do have grounds to go by, when they cant validate a debt that you have never agreed to pay them..This is a good case for removal form the CRAs.. Estoppel is nothing more than a refernce to their admitted silence to the matter at hand. No response means no dispute and so forth..
Yes, I think you stated that correctly. If they didn't respond within the 30 days given under the FDCPA, then they give up their right to do so...
Thanks godaddyo, Kristy, Bill - you have been very helpful. I was just going to use negotiation letters but now I realize that is not always the best choice. I am definitely going to use validation first with my Bof A visa charge off because I have heard they do not delete negs no matter how much you offer in settlement. I am also going to use negotiation where I think I can get original creditor to delete negs. Thanks again!
One last point I want to make sure I am clear on. Once the original creditor or CA has sold the debt, you can get them to remove their listing on CRA by validation. Am I understanding that correctly?
Man shall not live by validation letters alone! A validation letter is nothing more than a way to start the ball rolling towards defeating the collection agency or the creditor or the credit bureau. It's what you do after you have sent the validation letter that starts to make the difference. Every case can be different. What happens after you send the validation letter can make a huge difference. You must know what to do in each type of situation While it is possible that you can simply send a properly worded validation letter and they throw up their hands and fall over dead, it isn't likely. You need to learn how to do it before you go firing off validation letters or it's highly likely that you will miss the chance to win the situation We have seen a lot of cases where people took a validation letter, fired it off to the creditors and just kept on firing while ignoring all else simply because they didn't know what to do. Then they come back on this board and holler about it's not working.
