What comes after Estoppel/Good Will

Ok, I sent the Estoppel/GoodWill letter for a paid collection. I gave them 15 days to remove. Haven't received a peep, and they continue to verify on CRA...

So what's next, send ITS? If so, anyone have a good ITS letter for a Paid Collection I want removed??

Thanks in advance,

Byteme

 

Re: Re: What comes after Estoppel/Good Will

Maybe good will was stretching it abit...

anyway, DH & I have a couple of collections, that have been paid. Well they are reporting them as paid collections. I sent them an estoppel letter with 15 days to delete. Here is the first letter I sent:

Collection Agency

RE:
Account Number: xxxxxxx = Amount Paid: $115.00
Account Number: xxxxxxx= Amount Paid: $650.00

Dear Sir or Madam:

It has come to our attention that you have placed a derogatory remark on our credit bureau files pursuant to our having paid you what you claimed that we owed Olympic Collections.

When we paid you, we relied upon the belief that you would do the honorable thing and remove your nasty and derogatory comments from our credit bureau files which you not only failed to do but actually changed our listings to paid-collection which is a far worse rating in the eyes of any potential future creditors.

In doing so, you obviously failed to realize that the Doctrine of Estoppel directly applies to this type of situation and is cause and more than sufficient grounds for our pending lawsuit against you for punitive damages in whatever amount a jury might deem appropriate for your violation of the estoppel doctrine of law.

Here is what the Doctrine of Estoppel is and how it applies to your violations of it.
In order for the doctrine of estoppel to apply, the party of the first part (you, the collector) must make some statement or engage in some conduct upon which we have relied and acted upon which later proved to be to our detriment or prejudice.

In your communications with us you told us that you would update our credit reports as soon as we had paid the debt to you. Quite naturally, we assumed and relied upon your statement to that effect to mean that you would mark the account as "paid as agreed" or even quite possibly remove it entirely.

We are quite confident that both you and a court of law will agree that such is a perfectly reasonable assumption for an average debtor to make. And so upon that assumption we agreed to pay the debt and in fact did so, whereupon you actually worsened our credit bureau scores and that was most definitely to our detriment and prejudice and provided us with grounds to sue you for the full amount paid plus attorney fees, court costs and whatever additional punitive damages a jury might award.

Unless you move to cure your error and remove your derogatory remarks from our credit reports (Experian, Equifax and TransUnion) within 15 days of your receipt of this letter and provide proof of your cooperation with our demand in the form of mailing us a copy of your UDF which you transmitted to the credit bureaus demanding it's removal we shall immediately move to file against you in a court of law with jury trial demanded.

We are quite well aware that you have a contractual agreement with the credit bureaus which covers this problem and supposedly prevents you from compliance with our demands but a contract which is in violation of the law is null and void and of no force and effect whatever and therefore cannot be enforced either by you or upon you. Your so-called contract with the credit bureaus will not protect you for your willful violation of our rights, which are protected by the Doctrine of Estoppel.

Your failure to cure and provide us with proof of your having cured the problem within 15 days after your provable receipt of this letter will be considered sufficient reason to refer this matter to the courts for their resolution.

While you may think that we have no right of private action due to the way FCRA is worded, let me hasten to assure you that such beliefs are quite ungrounded and false. That point, has been vividly pointed out by the ruling of the U.S. 9th Cir. Ct. of Appeals in the case of Nelson v Chase, March 3, 2002 in which the court pointed out that Section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information. But our pending suit against you will not be about FDCPA nor FCRA but about how you have damaged us after we acted in good faith in dealing with you.


Sincerely

Byteme et al

soooo...I'm asking if the ITS is next. If it is, will the below letter work??

Collection Agency

NOTICE OF INTENT TO FILE LAWSUIT

To Whom It May Concern:

This letter shall serve as formal notice of my intent to file a lawsuit
against your company, due to your blatant and objectionable disregard of the
law.

On December 16th, 2003, you received a letter of estoppel. Enclosed you will find a copy of the green card Return Receipt with signature on the above date. You were allotted 15 days from that date to remove your derogatory marks on each of our credit reports or prepare for a lawsuit.

The FDCPA states you must cease collection activity until you have produced validation of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which you obviously have done illegally.

Also, when an alleged debt is disputed, a notation must be entered on the debtors credit report showing the item as in dispute. Again, this was not done.

I'm sure you are aware of the consequences in violating the Fair Credit
Reporting Act and the Fair Debt Collection Practices Act as well as the
multiple violations your company is now responsible for. If not, let me
point them out for you.

FCRA
1. § 623. Responsibilities of furnishers of information to consumer
reporting agencies [15 U.S.C. § 1681s-2] (a)(3) - Duty to provide notice of dispute.
2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information.

FDCPA
1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication
2. § 809. Validation of debts [15 USC 1692g]

As per the FDCPA:

§ 813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000

If you wish to resolve this matter, this will be your last opportunity to do so. The following items must be deleted from our credit files with the 3 major credit reporting bureaus (Equifax, Experian, & Trans Union) by January 5th, 2004 and you forward a copy of the UDF form to me, as well as a letter stating it has been removed and will not reappear on my credit reports again by you or another collection agency.

Account Number: xxxxxxx = Amount Paid: $115.00
Account Number: xxxxxxx = Amount Paid: $650.00

Please be aware if this account is not deleted by January 5th, 2004 I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission in XXXX State, the Attorney General and the Better Business Bureau.

Thank you and I look forward to resolving this most expeditiously.

Sincerely,

Byteme et al

 

Re: Re: Re: What comes after Estoppel/Good Will

Sorry I didn't give credit to anyone on my letters. Unfortunately I don't remember where I got them, but thanks Sassy for giving Bill Bauer credit for the first letter. If you know the author or are the author of the second letter thank you and give yourself or whomever credit where credit is due.

Thanks to all who assist me, I'm just a dumba$$ who can't come up with all these goodies you guys do.

Byteme

 

Re: Re: Re: Re: What comes after Estoppel/Good Will

BTW, Mannequin sent the second letter to me via e-mail, it was courtesy of the LizardKing. I however, did change it up a bit. (not much but some)

Byteme

 

Re: Re: Re: Re: Re: What comes after Estoppel/Good Will

But Butch it's the truth. I couldn't have gotten half the stuff fixed on mine & DH's credit reports without all of you, and various other credit forums.



Thanks

Byteme