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Question For GDOUGLASLEE!


lucyricardo
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Gdouglaslee, I have a question! You responded to a post where I sent a letter about Estoppel by Silence to Sherman and you said that it was not used correctly. I got that letter from a credit letter generator and obviously, being new to the repair technique, sent the wrong letter to Sherman. What do I do now? When I sent that letter did I screw up my DV strategy?

This account was originally a Providian account which I applied online for in 8/1999. It got charged-off in May 2001. When I applied, I lived in CT. I live in CA now but am moving to AZ in one month. In AZ the SOL is 3 years so if they tried to sue after I moved, couldn't I say that they were past the SOL?

PLEASE HELP, THANKS FOR POINTING THIS OUT!

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Gdouglaslee, I have a question! You responded to a post where I sent a letter about Estoppel by Silence to Sherman and you said that it was not used correctly. I got that letter from a credit letter generator and obviously, being new to the repair technique, sent the wrong letter to Sherman. What do I do now? When I sent that letter did I screw up my DV strategy?

No, you just caused them to ruin their expensive silk suits. They'll get a good laugh out of it. They'll post your letter on a CA industry web site and everyone will pick it apart. In general, stay away from form letter generators, as the CAs are wise to this.

Silence by Estoppel would work for people who are involved in Crap One rehab programs. The letter signed by a VP, who has the authority to enter into negotiations and contracts for Crap One, says their account will be deleted or updated to "Paid as Agreed" or "Paid in Full" which is good. The consumer pays off the account and was never late with a payment and Crap One refuses to update the account as promised. Now the consumer is harmed and the can sue.

This account was originally a Providian account which I applied online for in 8/1999. It got charged-off in May 2001. When I applied, I lived in CT. I live in CA now but am moving to AZ in one month. In AZ the SOL is 3 years so if they tried to sue after I moved, couldn't I say that they were past the SOL?

Nope. Everytime you move you toll the SOL so the day you step foot in AZ the SOL starts all over. Your best bet is to take the hit and cease credit repair activities and forego any credit for the next 3 years. If they find you they will sue you. If you think you have enough FCRA/FDCPA violations you can try to sue them first.

PLEASE HELP, THANKS FOR POINTING THIS OUT!

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Thanks for the help. I just don't know why they haven't tried to sue me yet, it's been 3.5 years since it went into a charge-off. Sherman has had the account for a year and a half. The worst case is if they try to sue, I can try a settlement, I have the money so it wouldn't go to a judgement.

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