Thank you, Dave. Right now I'm so mad I'm filing suit tomorrow morning. These medical bills are from 1997. There is NO proof they are mine and they can't prove and yet still keep reporting.
I forgot to mention.... When I told the CA that I received no such letter...their comeback was- "We never received any returned mail!" Again, that still does not prove they sent me the letter.
I sent you this via email but thought I would post it to see if the board agrees: My initial reaction is, that will not work in a court of law. Courts require proof. You are alledging something and have proof of your claim...their claim will be baseless. The only grey area would be that a civil case needs only to prove things that are "more likely than not"...and not "beyond a reasonable doubt" like a criminal case. Therefore I would probably answer by saying this: "I responded to Mr CA via mail with a validation letter, after seeing the item on my reports....and have proof I did so. If they claim I received this initial letter, then why would I not have responded with my validation letter then...it makes no sense that I would ignore the initial letter and wait until the item was on my credit reports before making my validation attempt. Your honor, here are copies of the CRRR receipts where I repeatedly asked mr. CA to prove this debt is mine...under the FDCPA they failed this request over and over....that is why we are here." -Peace, Dave
Re: Validation... sam1014 | 77 posts since Jan 2002 205.245.9.181 | 06.05.2002 @ 10:39 I've sent the estoppel letter. They've ignored all my correspondence. I don't want to have to file in court. Is that true about validation- where can I find the statue on this? Thank you. What should I do next? ======================= Like I just got done telling you they lied about the 30 day bit when you called them. You need to send an intent to sue letter,other wise the will just keep right on running over you!
Oh, one other question. In this same thread I had a CA tell me that they DO NOT have to validate after the first thirty days the letter was sent out. What can I say to that? Really, it does not say that they HAVE to validate. sam1014 ======================= You don't have to say anything to them about it! Just send the estoppel after 30 days. If you've al ready sent estoppel send intent to sue 15 days after the estoppel
UPDATE: I just looked on my fax machine and noticed this CA faxed me UDF forms and deleted everything from the CB. I think my phone call may have worked. ALL the letters I sent them were ignored, including my intent to sue letter. I got somewhere by calling the office manager. He had NO clue what was going on and deleted them immediately after I explained to him. One down and three to GO! Thanks to all for your advice but sometimes I think it's better to call management and threaten them. The nobody's who answer the phone for 6.00 an hour are the aggivating ones. I was lucky to get through.
sam, Did you recieve a first letter? can they prove that you recieved the first letter? Yeah I thought so. Kiyi | ======================================================= It don't make any difference if they did or not - they still must validate.
