Question about Estoppel

1*Since one responded to me but didn't provide proper validation, does estoppel by silence still work here?
2*I'm planning on using a modified version of letters posted to the forums here and I just want to make sure I get the verbiage right
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1*When a CA Gets a Val. Letter They have to prove the debt to continue collecting.
They Can respond till He== freezes over but they can't collect based on responding.
Responding and validating are 2 different things. Don't let a CA confuse you between the two. They never proved the debt so of course estoppel applies!!!!!
2*modified I.E. mess it up.
Here is the estoppel exactly as you need to send it. Don't tinker with it and you won't have to worry about the verbiage
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«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 Florida.

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 $5,000 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

 

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BUWAHAHAHA !!!


This one should be fun.

Write back and tell them that "Our Sh*ty federal law says I don't have to pay you a penny until they do".


§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. ... the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.


They may not collect ANY amount, not even one penny, without the agreement that creates the debt. Ya know, the one with your signature.

I'd give em a week to suck on that for awhile, then I'd call and tell them "look, we're both too busy for all this nonsense. I'll just pay the stupid thing, as a nuisance settlement, in exchange for complete deletion, and withdraw from the CA."


Get it in writing FIRST.

 

Re: Re: Question about Estoppel

Fave Butch growling dude,

Can you do another

buuuuuwwwwwwwwwaaaaaahahahahahahaplease?????

he he he

It's already been paid to the OC too!!!!!!!!!

Sassy

 

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BUWAHAHAHHA!!!

Woops.

 

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BRAVO, Sassy!

This thread just made my Favorites folder!

Thank you!
MisterX

 

Due Process R Valid

I think you all should be careful about the bad advice you're being given by people on this forum. I can see that these people have plagiarized my work from my book, "Winning The Collection Game". This is my copyrighted information and trademarked name.

You have illegally copied my request for validation, but more importantly, you are giving incomplete and bad advice to the innocent people on this forum who come here looking for free help.

If you want to understand how to use the request for validation properly, then ask me, I wrote it and have used it thousands of times with my customers over the last ten years, on a professional basis, being held accountable for the results I can get for people.

The only requirement that a debt collector has in responding is to confirm that they have your name spelled correctly and that approximate dollar amount they claim you owe. Read the recent Svetla case referenced in my latest edition.

You should also understand that relying only on this letter is a complete waste of time since only about two debt collectors will ever sue you. The rest are bluffing.

In order to effectively win any possibility of a collection, you need to understand the rules of court (civil procedure) for your state. This is what I have been teaching in all fifty states for the last ten years. I'm the expert on this subject, be careful about asking for free advice.

Best regards,
John Gliha

 

Due Process R Valid

?????????

 

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Re: Due Process R Valid

Sassy,

Maybe that's your real name, don't know, but I use my real name.

How many cases have your customers won against debt collectors and creditors?

I publish the results of my cases. What do you publish?

How many times have you won a lawsuit against major banks such as Citibank, MNBA, Household, Discovery, etc.?

I doubt you have any casework experience. I think you are offering a DISservice to the people of this forum who want help with their collection problems.

If any of you want to know how the process works, ask me on this forum. I'll tell you from thousands of case experiences in nearly every state that I've worked in the last ten years.

As I've explained to Steve, I really don't mind if you plagiarize my work, just give me credit and allow me to give you the rest of the information that goes along with it (since it appears that most of you have not read my books or have done very little accurate research).

Best regards,
John Gliha

 

Re: Due Process R Valid

may I ask where you've been to just now start complaining about plagarism? These letters have been here a llllooonnnnggg time! I'm assuming you wrote Butch's sub. CA strategy letter too? Sorry, sir, but that dog won't hunt.

 

Re: Due Process R Valid

I did not hear about your discussion board until two days ago. I have read the letters posted as examples and found only the request for validation to be the one that I wrote. The others are perverted versions of that letter and similar ones that appear in my course, Winning The Collection Game.

If you really want the right information about debt problems, ask me. I would rather give out the correct information than leave it to these unsrupulous individuals to publish it and pervert it and give out bad advice about how to use it.

Best regards,
John Gliha

 

Say it Ain't So Sassy!

OMG Sassy are you one of those unscrupulous individuals Mr. Ask Me, I'm the Only Expert Around, is referring to???????????

To think, I had several letters of apology from CA's and OC's, credit balance bills, etc., I was getting ready to pack off to you for you and Butch to autograph and hang over my mantle!!!!!! Oh well, guess I can save the postage now...

And now I find out you have been giving me bad advice and have been doing a disservice...I guess those 80+ FICO points I have gained, just mean nothing.

What about all these new homeowners that thank you guys every day? Are they going to have to give their houses back?

What really shocks me is that I have been on this board and now I find out only about two bill collectors out there will actually sue!

Geez, I'm heartbroken. I guess I will have to start visiting some other board. Sassy, do you recommend the one entitled "I Saw Elvis at the Post Office", or "The Apollo Lunar Landing was a Hoax"

~~

 

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