Re: Re: Re: Re: Re: times up for 2 CA's If they do not respond at all, then they are in violation. (not responding with in 30 days) - ? The next part deals with resolving it. Correct?
Re: Re: Re: Re: Re: times up for 2 CA's The next step after they ignore the estoppel is to send an ITS letter and if they do not respond file suit. Some threads I have read state that they do not even bother sending the ITS at this point they simply file suit. Personally I like to give them one more opportunity to settle before going to court. I also feel that it is better in the eyes of the judge as you are showing that you were more than willing to work with the CA and they simply ignored you. KingsX
I see one potential problem with the above letter: quote: 1*You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. -------------------------------------------------------------------------------- 2*From what I've learned, a CA is not obligated to respond to a validation request. 3*They can ignore you forever as long as they cease all collection activity. 4**Correct me if I'm wrong but at what point are they in violation? I would suppose you could sue them for inaccurate information. When you go to court, you could argue you gave the CA reasonable and ample time to provide validation and they ignored you. Phreedom ================ 1*This is not a problem as they are in violation at this point. Some of it is willful 2*Wrong they don't have to validate but they do have to respond. 3*Wrong again the Estoppel and the following ITS changes that. See how long they ignore a law suit. 4*Here are two to start with A* Reporting a debt they can't prove B*Not noting consumer disputes on their credit reports. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
No, what I mean is after they don't respond to estoppel then what do you do? etheral ============== ITS Letter THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Where exactly are the ITS letters for this type of situation? A- Reporting a debt they didn't validate B- Not adding "consumer disputes" Also, is there any one that can give an example of their day in court concerning these areas -A & B?
Jlynn is right CA's Do Not have to respond. But if they don't they must add "consumer disputes", and then they have max of 2 billing cycles to validate. My question still, is where are the ITS letters after they don't validate?
Re: Re: times up for 2 CA's Etheral, you are confusing the FCBA with the FDCPA. The FCBA applies to original creditors, and you have to dispute within 60 days from the time the error appeared. The OC would then have up to two billing cycles to resolve your dispute. (I'm winging it here, you will need to read the statute to find the exact verbiage). ITS letters - you can do a search on Suzy Suckass - that is the ITS letter alot of people use, and then modify it for your own needs. There is not one good generic letter for ITS as issues differ for each lawsuit.
