Help! I thought i had dodged the bullet. I have a 2001 chargeoff with Sears. They sold to Sherman in June, 2003. Sherman demanded payment in September...i sent a validation letter. Nothing back from them...they sent it to their attorney before 30 days. The attorney sent me a letter...i sent a validation ltr...received nothing from him. Now Sherman has placed it on my CR. I'm not sure what to do now??? Send the dispute letter to the CRB or send Sherman an estoppel letter? I know they have 2 violations, i'm just not sure what i do next. My letters to them certainly didn't help. They did not validate and just put it on my credit report. Butch??? I can live with the OC chargeoff, i just want to stop Sherman.
I've worked on this today. Don't blast me George, some of this is right off a thread where you were posting. I've been searching and collecting info trying not to go off the deep end and whine for help. I'm actually getting better at answering my own ???. Once i get the green card back, i'll be sending a small cover letter with both documented letters to Kevin Branigan, Sherman, NY. Hopefully, i'm on the right path. Citibank has reaged the Sears CO. Thought i'd dispute with CRA and request a procedures analysis and address so i can send a dispute ltr to Citibank. Perhaps they can't validate, LOL. Estoppel to Sherman: Re: Dispute Letter August 22, 2003 Dear Sir/Madame: Enclosed please find copy of Dispute Letter dated 08/22/03, received 08/29/03 by Alegis Group LP. To date, I have not received demand for validation or proof of alleged debt. Under the doctrine of estoppel by silence, I may presume no proof of alleged debt, nor therefore, any such debt in fact exists. The FDCPA states you must cease collection activity until you produce verification of alleged debt. As per the FTC, this includes reporting an erroneous trade line to credit bureaus and continued collection activities, both of which you are guilty. I am sure you are aware of the consequences in violating the FCRA and FDCPA, as they apply to the multiple violations your company has committed. FDCPA 15 USC 1692g Validation of Debts 1692e(8) Communicating False Credit Information FCRA 15 USC 1681s Duty to provide Notice of Dispute 15 USC 1681i Treatment of Inaccurate of Unverifiable Information I refer you to no less of an authority than the Federal Trade Commission, RE: FTC vs. Performance Capital Management (a collection agency), released August 24, 2000, to wit: The proposed settlementâ?¦.mandates the proper investigation of disputes. Where PCM learns during an investigation that account records no longer exist for a disputed debt, the company must delete the information from credit bureau files within five days. If you wish to resolve this matter, this will be your last opportunity to do so. The above referenced alleged debt must be removed from my credit files with Equifax, Experian and TU within 15 days of receipt of this letter. Failure to respond within 15 days of receipt of this registered letter, will result in a probable lawsuit for multiple violations of the FCRA and FDCPA. I will be seeking civil liability in the amount of $1000 per violation for, but not limited to: Defamation Willful, Negligent Noncompliance with the Fair Debt Collection Practices Act Violation of the Fair Credit Reporting Act Should I obtain a Judgment against your company, I will petition for a Writ of Execution from the Sheriffâ??s office in your county and will begin the process of attaching property or funds to satisfy said 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 is not a statement, election, or waiver of status. Regards,
