Cascadesss Posted August 3, 2003 Report Share Posted August 3, 2003 In June I faxed a verification letter to this CA in California for a very small bill that was dated 04/97. Never got a response.I also challenged it through Experian, and it came back verified. In July I sent a stronger Validation Letter to the CA (via CMRRR), and again challenged it through Experian.Today I just looked at the PG report, and noticed this just popped up on Equifax out of nowhere. It had never been reported there before. This collection is past the SOL and the CA now has violated the FCRA rules. I have them on not reporting to show a dispute on Experian and now showing a new collection item on Equifax.I need a copy of a very strong Estoppel / ITS letter to send to them tomorrow. I will also be calling EQ in the morning to get that dispute going.Bastard$!!!!I'm now looking into suing them in Small Claims. The Equifax score dropped 30 points! I think I'll go down to the County and send them a copy of the first page of the Small Claims court paperwork which will show their name as the defendent.I plan on telling them that I will file if I don't see the entries removed in 5 days from both reports.Cas Link to comment Share on other sites More sharing options...
Xanathos Posted August 3, 2003 Report Share Posted August 3, 2003 Everybody always wants strongly worded letters...the path this CA has chosen to take is very clear--they obviously feel they are above the law, and don't have to abide by it...I dunno kiddo--there comes a time when it's time to stop sending strongly worded demands, and just send them something they'll listen to--a summons! Link to comment Share on other sites More sharing options...
sisflomi Posted August 3, 2003 Report Share Posted August 3, 2003 I agree with Xan, but here is estopple letter co/creditreportrights.comPissed off Consumer Xxxx poor street Somewhere, USA 22222 Mean Old Collection Agent XXXX 51st street Broke Bank, CA 11111 Date Re: Account # As I have not heard back from you in over 30 days since my formal written notice of dispute dated 00/00/200X (copy enclosed), and since 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 the 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: As I have no account with you, nor am I your customer, nor have I ever entered a contract with you, I must ask you to provide 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 this state. 5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. You have fifteen (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 placed this on my credit report(s) in error and that this matter is permanently closed. Your continued silence in this matter is unacceptable. Either provide the proof, or correct the record and remove this invalid debt from all sources to which you have reported it to. 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 further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. I affirm, under penalty of perjury under the Laws of the Land for these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief, so help me God, pursuant to 28 U.S.C. 1746(1). Witness My Hand this 00th day of Month 200X. Joe Consumer CC: Some One That sounds Important Attorney Generals Office or FTC Office Link to comment Share on other sites More sharing options...
sisflomi Posted August 3, 2003 Report Share Posted August 3, 2003 Here is ITS from same place:Collection Agency 104 E. road Harker Heights, TX. 12345 Re: Account # 4314-XXXX-XXXX-XXXX 06/24/2002 Collection Dept, I have tried repeatedly to get your company to prove that I owe this debt to you. The information I have been provided with DOES NOT satisfy the validation request. You allege that $797.11 is owed to you, but you have not sent me a print out of charges, any statements, receipts, or even a contract signed by me. Have payments been made? If so, by who? Who agreed to pay these charges? I didn’t. Who is Genesis Financial Services? I have never incurred any debt to a company by that name. These questions would be answered if you had responded fully to my original requests, which conveniently included a form requesting this information. Your failure to properly respond to the requests I have made over the past two months is completely unacceptable and I have reached the end of patience regarding this matter. In this light, it is my intention to sue Genesis Financial Services for its continued violations of the FCRA and the FDCPA. I will file suit in a U.S. District court for Dallas Texas on the morning of July 14, 2002 requesting damages and a trial by jury. Pursuant to the Civil Practices and Remedies code, I will cause process to be served to your company’s registered agent for service of process and file my suit. Although you have no recourse in law or in the facts, I am willing to entertain any pre-trial settlement offer you wish to propound. All future communications MUST be done in writing and sent to the address noted in this letter. Regards, Real E. Madd Link to comment Share on other sites More sharing options...
Cascadesss Posted August 3, 2003 Author Report Share Posted August 3, 2003 I know, I know, I should just nail them and get on with it. But, keep in mind what I want more than anything else is the TLs gone! So, I will give them until next Saturday to remove them.If I do file, this will be interesting in that they are 1,100 miles away from me. They're going to fly out and defend themselves for a timed-out collection that's worth less than 50 bucks? I don't think so. If I win, I'll assign it to another collection agency close to these idiots and let the new CA go after them. Cas Link to comment Share on other sites More sharing options...
Cascadesss Posted August 4, 2003 Author Report Share Posted August 4, 2003 I combined the two letters and here's what I am going to send tomorrow morning to them. Let me know what you think.xxxxxxxxxx August 4, 2003xxxxxxx xxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxx xxxxxxxxxxxx RE: Acct Number: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxTo Whom It May Concern: As I have not heard back from you in over 30 days since my formal written notices of dispute dated June 2, 2003, and July 14, 2003. Since 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.We have tried repeatedly to get your company to prove (validate) that we owe this debt to you. You have not responded in the numerous requests.In addition, you just put a new derogatory trade line on my Equifax report, creating another violation of the FCRA rules. You also verified through Experian while this dispute was underway. Again, another violation. There are more violations per the FCRA and the FDCPA.You allege that $xxxxx is owed to you from back in April of 1997, but you have not sent me a print out of charges, any statements, receipts, or even a contract signed by me. Have payments been made? If so, by whom? Who agreed to pay these charges? We didn’t. Who is xxxxxxxx? We have never incurred any debt to a company by that name. Also, if you review the Statute of Limitations, you will understand that this alleged debt is past the SOL.These questions would be answered if you had responded fully to our original requests, which conveniently included a form requesting this information. Your failure to properly respond to the requests we have made over the past two months is completely unacceptable and we have reached the end of patience regarding this matter. In this light, it is our intention to sue Reliable Adjustments for its continued violations of the FCRA and the FDCPA. We will file suit in a U.S. District court for xxxxxxx, xxxxxxx on the morning of August 18, 2003 requesting damages and a trial by jury. Pursuant to the Civil Practices and Remedies code, we will cause process to be served to your company’s registered agent for service of process and file our suit. The remedies allow us to sue you in any district in the United States.Although you have no recourse in law or in the facts, I am willing to entertain dropping this lawsuit if you remove the entries to Experian and Equifax by Saturday, August 9th. I also understand that your registered agent is: Xxxxx xxxxxxxx xxxxxxxxxxxxxx xxxxxxxxxxxxxxx If you don't cease from trying to collect this debt, and don't immediately remove the derogitory trade lines on Experian and Equifax, you may want to brief him to be on the lookout for the summons.All future communications MUST be done in writing and sent to the address noted in this letter. Regards, xxxxxxxxxxxxxxxx and xxxxxxxxxxxxxxxxxx Link to comment Share on other sites More sharing options...
sisflomi Posted August 4, 2003 Report Share Posted August 4, 2003 Dangggggggggggggggggg, I think that will wake them right up!!!!!!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
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