Jump to content

Sample letters


gumshoe
 Share

Recommended Posts

Heres your Estoppel letter:

[YOUR NAME AND ADDRESS]

[DATE]

via facsimile (optional)

[CREDITOR NAME AND ADDRESS]

Re: [YOUR NAME], [ACCT NUMBER]

To whom it may concern:

The account listed above was settled in full directly with [CREDITOR'S NAME] on [sETTLEMENT DATE]. The agreement between me and your authorized staff member was as follows:

Full payment in exchange for complete and permanent removal of all negative information added to my credit history in connection with this matter.

Although more than thirty days have passed since settlement, the negative information added to my credit history has still not been removed, but has actually been worsened by having the item updated as a "Paid Collection". This has caused immense damage to my reputation and credit history, will cost me thousands of extra dollars in sub-prime interest rates if I should choose to apply for credit in the future or might actually prevent me from acquiring credit in the future.

Because I fulfilled my portion of the agreement (payment in FULL) based on [CREDITOR'S NAME]'s authorized staff member's commitment to completely and permanently remove all negative information added to my credit history, [CREDITOR'S NAME]'s failure to fulfill its portion of the agreement is a clear violation of the Doctrine of Estoppel.

The Doctrine of Estoppel applies to any situation where the first party ([CREDITOR'S NAME]) makes a statement or engages in some conduct upon which the second party (me) relies or acts. The first party ([CREDITOR'S NAME]) is subsequently prevented (estopped) from acting in a manner contrary to his first words or actions. As one American legal encyclopedia describes it, estoppel means "one who by his deed or conduct has induced another to act in a particular manner will not be permitted to adopt an inconsistent position, attitude or course of conduct and thereby cause loss or injury to such other".

As I stated earlier, [CREDITOR'S NAME]'s refusal to honor the agreement made between me and its authorized staff member on [sETTLEMENT DATE] has caused immense damage to my reputation and credit history, will cost me thousands of extra dollars in sub-prime interest rates if I should choose to apply for credit in the future or might actually prevent me from acquiring credit in the future.

Beyond the issue of the Doctrine of Estoppel, the Fair Debt Collections Practices Act prohibits [CREDITOR'S NAME] from making any false or misleading statements in an effort to collect payment. I realize that [CREDITOR'S NAME]'s employees may be inexperienced or unfamiliar with the law. However, regardless of how uninformed they might be, [CREDITOR'S NAME]'s employees are its representatives and their words and actions are binding on the part of [CREDITOR'S NAME].

This is a serious matter.

[CREDITOR'S NAME] must fulfill its portion of the agreement made on [sETTLEMENT DATE] within fifteen (15) days of its receipt of this notice by completely and permanently removing all negative information added to my credit history in connection with this account. If [CREDITOR'S NAME] does not effect cure on this matter within fifteen (15) days of its receipt of this notice, I will be forced to pursue legal remedy.

If you are unfamiliar with the Doctrine of Estoppel and the Fair Debt Collections Practices Act or the legal remedies afforded to those who are negatively impacted by another party's violation of the Doctrine of Estoppel and the Fair Debt Collections Practices Act, you should refer this notice to a competent member of your legal staff, as this is a matter that you are not equipped to handle.

An amicable resolution is still possible, but only if you act quickly.

Sincerely,

[YOUR NAME]

This notice is not an admission of liability, a renewed promise to pay, or a refusal to pay. This notice should not be construed as authorization or permission to request my credit history or add any inquiry to my credit report.

Any communication regarding this matter, or any other matter, should be conducted solely by mail or fax and only at the address and fax number shown above.

:wink:

Link to comment
Share on other sites

and heres another:

Pissed 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

Credit for these letters goes to our friendly neighbors over at creditreportrights :wink:

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.