Questions Re: CA and more

Discussion in 'Credit Talk' started by Wayne1963, Sep 1, 2003.

  1. Wayne1963

    Wayne1963 Member

    I have some questionss...
    1) I had a Discover acc., but it is now with a CA. I am getting bills, mail, etc from both Discover and the CA that Discover had signed it over to. Is this legal? Can they do that?

    2) I had a cell phone with T-Mobile. I cancelled at the end of my requirement. Paid final bill. T-Mobile sent bill saying I hadn't pd. I had it pulled from my checking acc. and have bank records showing this. I called T-Mobile..long story short, I faxed them copies of my bank transcripts...3 TIMES!! They have now sent it to a CA. Which is rediculous. I have PAID it. I have been talking with the CA...and he assured me that it would be taken care of, that T-Mobile is slow. I have since then, after talking with him 3 times, gotten several bills more!! Any advice?? Should I send a letter instead of doing it via phone?

    3)I had sent my 1st validation letter almost 30 days ago. My understanding is that if I don't receive validation within 30 days..I need to then send a 2nd validation? I have not heard from them at all.
    4) Probably a stupid question, but what is estoppel?? I have read it several times and think it is a letter if there is no response? And what does it mean or stand for? Are there letters for this?

    Thanks, Sorry so long winded. Between life and reading sooo many things on here..I just want to do it right the first time!
     
  2. Flyingifr

    Flyingifr Well-Known Member

    1: Yes. A CA does not have to BUY the account to work it.

    2: Do EVERYTHING by mail. You will want a paper trail for when T-Mobile trashes your credit and you sue them for livel and slander.

    3: Your first Validation letter told them to "Prove it, Drop it or get sued". By not responding maybe they dropped it.

    4: Estoppel means "Don't call me, don't write to me, don't bother me about this. If you do, expect to be sued." No response is what you are asking for. When you send an Estoppel letter they can write to you ONCE more to tell you what their next step is. There is no form Estoppel Letter. Just a simple "Don't contact me at all about this matter" will do. Send it CMRRR.
     
  3. lbrown59

    lbrown59 Well-Known Member

    My understanding is that if I don't receive validation within 30 days..I need to then send a 2nd validation? I have not heard from them at all.
    4) Probably a stupid question, but what is estoppel?? I have read it several times and think it is a letter if there is no response? And what does it mean or stand for?
    6*Are there letters for this?
    Wayne1963
    ================
    6HERE IS THE LETTER.
    < What's the next letter sent and where can I find one with the correct wording?
    gmaof1
    ===============
    This one 30 days after they signed the green card

    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

    Send this letter next if you don't get validation in 30 days.
    Don't make any changes to it and send it CRRR.

    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
    """"```--~~~~~~~~~--```'""'''Subject: Said It Better Than I could
    The Ten Commandments display was removed Wednesday from the Alabama Supreme Court building.
    There was a good reason for the move.
    You can't post Thou Shalt Not Steal in a building full of Lawyers and
    Politicians without creating a hostile work environment.
    > --------------------------------------------------------------------------
    ---- >>
     

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