Validation/estoppel question

Discussion in 'Credit Talk' started by QUEEN_BEE, Mar 1, 2002.

  1. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    I have sent a validation for a debt that I have already paid. Mailed it on 2/5 but yet to get the green card back. hmmm....

    Anyway, once I get that back and they have not supplied me with the evidence of the debt, then I will send the estoppel.

    Should I ask for my money back in the estoppel, since they did not provide proof that the debt was mine? I am in good mind to request my money back and deletion of the collection account from my credit reports. Is there anything else I should request?

    I will also be putting my version of this letter together (thanks to whomever introduced this letter to the board)
    ------------------------------------------------------------

    To Whom It May Concern:

    As I have not heard back from you in over 60
    days, regarding my demand for proof, since my
    notice of dispute 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:

    1) Please evidence your authorization under 15
    USC 1692 (e) and 15 USC 1692 (f) in this alleged
    matter.
    2) What is your authorization of law for your
    collection of information?
    3) What is your authorization of law for your
    collection of this alleged debt?
    4) Please evidence your authorization to do
    business or operate in the state of Florida.
    5) Please evidence proof of the alleged debt,
    including specifically the alleged contract or
    other instrument bearing my signature.

    You have 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 (with return receipt) will
    begin my small claims action against your
    company. I will be seeking $5,000 in damages for
    the following:

    1) Defamation
    2) Negligent Enablement of Identity Fraud
    3) 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.

    Witness My Hand and Seal this 13th day of
    February 2001.
    ------------------------------------------------------------
     
  2. uniondiva

    uniondiva Well-Known Member

    mmm, love I don't know about this... why would you pay it if it wasn't yours. I hope you sent the "nutcase" letter. how recent is this paid collection, can you call and see if they will send UDF deleting account or moving to positive status? I don't think I would ask for money back.... but I wonder if a strategy like this could work....mmmm

    doesn't paying a creditor remove obligation to validate? I don't know if estoppel will work but then again, how could it hurt since it is already paid?
     
  3. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    It was supposed to be paid by the nutcase that totalled my car therefore causing the medical bill. But then again, when my atty was supposed to be gathering all my bills so that he could calculate what he should ask for in the settlement, this one was not included. I think its really his fault.

    I haven't yet but I will.

    Accident was in early 2000; CA account appeared in January.

    Already argued on the phone with one of their reps, she said they can only report it as paid, So far they have not even done that.

    I paid it out of duress, as I stated in my validation letter to them. If they cannot prove that I am responsible for the debt, they why should I pay? The nucklehead that hit me should have wrote that check. They said they billed insurance but got no response.

    Don't think so, at least have not seem anything in the FDCPA that inplies that.
     
  4. uniondiva

    uniondiva Well-Known Member

    Okay, I see. can you get attorney to send letter on your behalf.... betcha that would get their attention. I agree if it was paid under duress that you could request money back.... how far are you willing to go on this.
     
  5. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    That is what I am trying to determine :)
     
  6. LKH

    LKH Well-Known Member

    Your atty. has some liablility in this if when paying all the bills he neglected to include this. I suggest you call him and advise him he needs to get ahold of the ca and explain what happened and ask them to delete this.
     
  7. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    I called my atty. He advised me to send him a copy of the bill. I called the CA, as I do not have a copy of the bill. The CA rep said that she would sent it to me with all the medical codes via mail. There went my validation....
     
  8. Jeff

    Jeff Guest

    Hi Love,

    You should remove the "witness my hand and seal..." line from this letter.

    This verbiage is used in notary statements. This is where a notary signs and seals a document.
     

Share This Page