Dear Ms Epitomee, I am responding to your latest demand dated 2-27-03. You quote the California Civil Code but you quote it out of context and inaccurately, Section 1785.30 allows a consumer to make a written demand "to correct any information which the consumer believes to be inaccurate" I have reviewed you January 17, 2003 letter and I do not see that you have asked us to correct any information which you believe is inaccurate. You do not claim in that letter that there are inaccuracies. You state there are "possible inaccuracies". We cannot guess at what we might have to correct. It is your obligation to guess what might possibly be inaccurate. Furthermore we do not have to furnish you with any notarized statements or comply with any of the other demands that you make in that letter. If you are claiming there are inaccuracies in what we are reporting please notify me in writing exactly what inaccuracies there are. We will investigate any claimed inaccuracies and proceed as required by law. Regarding you undataed letter faxed to us February 24 and an undated letter received on February 27 we are not going to pay you any money nor are we going to delet this from your credit. The FCRA requires that we accurately report information and we are complying with the law. We have fully complied with CC Secction 1785.16 as well. Further I do not understand what you are saying in the last paragraph of the latest letter after the first sentence. Very truly yours Dummy I live in California, this company is established in California. This is his words, grammatical errors and everything. Thisi is in reponse to my Estoppell (BBAuer) plaintiff statement and his letter that he sent back requesting that he needs more information. I checked with Pacific bell and they do not do business with this company and I checked with the BBB and they have over 64 complaints. What is my next move? I feel like taking these jerks to court just to waste their time
I'd quote the nice CA the following piece of the California Civil Code: 1785.25(c) So long as the completeness or accuracy of any information on a specific transaction or experience furnished by any person to a consumer credit reporting agency is subject to a continuing dispute between the affected consumer and that person, the person may not furnish the information to any consumer credit reporting agency without also including a notice that the information is disputed by the consumer. You disputed, they didn't mark the account as being in dispute. Simple as that. As far as I can tell, only CRAs are allowed to consider the dispute "frivolous" and ignore it. CAs HAVE to note the account as in dispute if you in fact disputed it. His letter may well be your best evidence, as it clearly states that you disputed information. I'd order copies of your credit report showing the account currently not marked as in dispute, and file a small claims case. -HDAlex
Don't blame that off on me! That estoppel letter is the infamous letter that is posted in the sample letters section on this message board and so highly touted for so long. I am not the author of such junk law science. But guess what? It worked! It worked beautifully no matter how dumb it is. And that is the exact and only reason I say use it no matter how dumb and stupid it might seem. The reason? It works and you just proved it. If it didn't work I would be all over it like two hip pockets instead of supporting it. And if you are planning to sue them over this one, don't. You would immediately become the prime contender for the position of Court Jester of the day. Now all you have to do is figure out how it worked, why it worked and how to use it to your advantage. And then you have to figure out what to do next because if you don't have the next response to that letter all ready to go then maybe you should have done more homework before you sent it. A lot more. Obviously that dumbo didn't figure out that he just stepped into a trap either. (LOL)
Looks like you threw in some extra stuff about Cal. Civil code. It's bad enough without adding more to it yet. Or should I say it's good enough? As I begin to think about it a bit more I'm wondering if you sent it after validation or what.
I sent a request for validation/nutcase but very simple. My name is this, what is my account with you, verify my begin and end bal due. I don't recall owing you so refresh my memory. The reason why I sent the Estoppell letter is due to them not marking this item in dispute as the other ca accounts have done. I don't think he has any information. I think that he is flim flamming me like I am doing with him. I have a procedure letter from Transunion and I am awaiting responses from Equisux and Evil Exp. I just sent them a letter demanding a deletion due to lack of verification from this company. Have an idea of what my next letter should sound like?? I was thinking of a simple part 2 validation demand within 48 hours. By and by, I just typed this letter word for word and filed a complaint with Santa Clara BBB
Well, you sure rattled their cage, lol. You could become the 'nutcase of the year' in their book. After all, they try to beat us into submission all the time with dunning letters, phone calls, etc. I would not let up and give them hell.
should she have said exactly what was wrong like he said? Wrong balance, no recollection of this account?
Has he sent you validation yet?? How long has it been? Seems from their letter it may has been going on for some time. Its simple, you make a very simple request for validation...wait your 30 days and if it isn't provided you then demand that they remove it and cease collection immediately. Leave all the legal mumbo jumbo and civil codes for your court complaint. Remember it's not our job to educate them on the law. Have you requested the CRA to also investigate this? Has the CA listed the account in dispute? I usually sue collection agencies within 45 days. I send the first letter of dispute and request for validation, dispute it with the CRA, wait my 30 days and then send out a letter to the CA that since they didn't validate and have obviously violated the FCRA, FDCPA and State law I will sue within 10 days if I do not receive confirmation in writing. They usually all blow me off with the exception of a few, I then do as promised and file my suit. It's that simple! Too late to validate now! Tac
I have sued at least 10 and with the exception of a local collection company none of them showed up for court or they either settled out of court with me. The CA that did show up was unprepared and I won, but I since this was one of the very first CA's I sued I was unprepared as well and didn't bring up alot of points as I should have. I couldn't prove real damages either. I was awarded $100.00 plus court costs in that very first case. Hey, but at least I won. I have sued some major creditors over the past year and have all settled out of court with them as well. I must point out that regarding the creditors these were very old charged off accounts either on my credit reports or on my wifes and well past the SOL in my state for them to sue me. Although a few were going to do just that until I made their attorney's aware it was just a futile effort on their part and I would bring that up first chance I got in court. I had one attorney state to me...."Mr. Tac I gotta hand it to you, you've got great balls bringing suit against my client knowing you owe them more then $7000.00 and have the nerve to demand money out of us, how do you look at yourself in the mirror without disgust?" And that was pretty much his exact same words! I said I can look at myself fine in the mirror and have no problem taking your client's money for their violations against me, the total debt has not been proven nor ever was and I might add as I recall when the debt was charged off we only owed your client around $5000.00, where do you get $7000.00 plus at?? He said you must understand that "you've accured interest and late fees totaling more then $2000.00" I said well thats funny since the last statement I have only shows around $5000.00, where are all of the other billing statements that your client failed to send me so that I could dispute the total amount owed? or is this another violation of the FCBA and TILA?? Should we go there? He didn't have too much to say and I said that it was all irrevelant anyway since they couldn't collect a dime from me but I said I certianly can collect from you? A couple of days later after he contacted his client we settled out of court and this is usually how it's been the last year or two with me. I may not being doing everything right and I'm no attorney but I have been having excellent results to date so I guess I'll keep on doing what I've been doing until I have totally clean reports, My wife's credit reports are all cleaned up and that took me under a year to do and she had about 10 derogs. She now has scores in the low 700's and has no problem getting anything she wants. I have a few recent charge offs (2yrs) I am figuring out a strategy on. I have the violations but I know they will most definetly counter sue if I push them. I might try restrictive endorsement on them though. Tac
This bozo is so idiotic, instead of sending me even a printout to get me off his back, he keeps writing letters in response to my nutcase that are even nuttier than my original letter. You would think that he would validate. I requested valdation and a signed contract that I owe them. Obviously, all they have is a smile and a lot of inkjet ink, along with time. I am of the opinion that he and I can keep this going on for a couple of weeks. I sent and they signed for a letter on January 24,2003, I have not received any response from them until I sent the Estoppell. Why I keep attributing a response to BBAuer, well in his 1st correspondence he says he is responding to my numerous letters. This leads me to believe that they have been ignoring me. I also requested a investigation with Transunion, Equisux,and evil exp during this time (3 violations there alone) I just received a form procedure letter from Transunion that shows that they did verify with this company in February. My dispute began in January 24,2003 (that is what my greencard says and is signed for) Equisux has another dispute that I fedexed to them about a week ago, while this idiot has been playing who will blink first game. If he verifies with Equisux again, this is 1 violation for Him (giving him a total of 4 and 1 for equisux) Transunion, well this is tricky, because they were able to verify with them and he has not as of yet verified with me, well I just don't even know who to sue first. This account is paid, has been paid for 3 years. This person who is writing the letters must be mentally deficient. So today, I am contacting them to determine who is the CSR supervisor, if he is it, (which he has not indicated his title on the 2 correspondence) then he is up s.... creek without a paddle. I will bend but I will not break.
While its always easy for one to figure out what one should have said after the fact and even easier for someone else to tell you what they think you should have said later, I think I would have said, "Sir, How is it that you look in the mirror each morning without disgust after having tried to find sick excuses for criminals?" I did something like that at the hearing for my first divorce. The wife's lawyer came up to me in the courtroom after the battle was over and said, "Sir, it is customary for the husband to pay the wife's attorney." I got a funny stare in my eyes and looked at him and said, "You know, I ought to do that! I really ought to do that!!!!!" and he looked back at me and asked, "What do you mean by that?" I replied, "You did me more good than you did her" He grabbed his briefcase, jammed on his hat and headed for the tall timber and I never heard another peep out of him.
confused Epitomee - I have to say, I'm rather confused about what you are doing and what your objectives are. I may not be following all of the letters and strategy, but it seems as if you've using all kinds of artillery without waiting for any of it to work. You send a validation + a nutcase letter? Why? You sent the legally questionable estoppel letter soon after? I don't see a very convincing strategy. Do you think the debt may be valid? if NO: Dispute with CRA as NOT MINE. If it comes back VERIFIED, request the verification process used and go on to 'if MAYBE'. if MAYBE: Request validation of debt from the CA [ CRRR ]. Wait. If they try to collect: document it - VIOLATION If they fail to mark it in DISPUTE with the CRA: document it - VIOLATION If they don't reply, send them an intent to sue letter if they do not remove the TL. If they don't reply to that, sue them. The nutcase and estoppel have questionable legal value. You wouldn't hire a questionable doctor, would you?
confused Paid Collection Account In January 2003, I disputed with all 3 CRA as not mine. All returned the item verified and remains or unchanged. I called and emailed Equisux, they advised me that I should call the number that they called to receive verfication. I called the ca and asked if they could send verification. Young lady said it was paid, therefore no verification available. On January 17,2003, I sent a combo nutcase/verification, I took out all of the legal mumbo jumbo, I don't really understand it and how it would apply to my situation. What I asked for was a verification that the debt was mine, my premise is this, if they can verify the information with the CRA, why can't they verify it with me?? Since that that time, I have not received a response with the account, since I am questioning the validity of the debt and I am essentially disputing this item, they have not indicated to any of the CRA that this item is in Dispute (violation for California whether paid or not paid) I am sitting here and I see that one ca that I sent the same letter too, marked the item in dispute on all cra, but this one, hasn't lifted a finger. So I send an estoppel, my beef is this, I have had service with their OC for 6 years and never was referred to them as the OC states (via telephone) So far, I have been unsuccessful in securing written documentation from Pacific Bell, therefore I am wondering how did this company come to have my information. If the item was referred to them by Pac Bell, wouldn't they have information or wouldn't they be able to find this information within their datatase? So far, nada. They passed the 30 days and so far, my scores have tanked because they refuse to remove the TL or validate/or verify. Why should I give them time? Do CA give the consumers time to verify their rights? I don't thinks so, that is why the FDCPA was even initiated. This company has a bad reputation with the BBB for non-responsiveness...So I was becoming another victim of their non-responsiveness, I did check their reputation before I began this process. Victim is not a role I am playing. If I give them 30 days, 60 days, 90 days..when do we expect resolution. I have disputed with CRA, it comes back verified, what makes the CRA more important than me? Can anyone answer this for me??(that is why this is a violation)
I've been married 9 times to 6 different women. I've married my present wife 3 times and never had but one fight with her over the last 25 years and she wants to get married to me again.
Re: Re: Very Hot..CA response see the bs Do you have the name of the divorce attorney, maybe we can refer him to the CA and CRA. That way we know we can win.. You are obviously a Romeo type BBAUER..wow..and the wife who has done it 3 times, must want it to stick, that you are truly married, LMAO
