Bill Bauer's Knockout Letter

[creditcardcory]

Does anybody have this to post or a link to it that they can post?

[Guest jeeptravel]

http://p204.ezboard.com/fcreditwrenchfrm2.showMessage?topicID=92.topic

Wow, the lawsuit form and waiver of service of summons form will definitely come in handy!

jt

[creditcardcory]

Thats a scary letter filled with information that I am not or may never be familiar with. I'm going to write my own compiling letters from Chase.

[c m chase]

I'm glad you aren't just copying letters....it's ALWAYS good to know what you're saying in case it comes back on ya.

[Guest jeeptravel]

Cory,

All I did was type what you requested into yahoo! and that one came up. I don't use that letter either.

jt

[gdouglaslee]

Phrasing it as a "Failure to Cure" or "Opportunity to Cure" is erroneous. There is no cure for violations of the FCRA/FDCPA. Certain state DCPAs do provide that a cure is a release from liability but the FDCPA does not.

There is a section about contractual obligations. That would be useful for PFDs.

I don't think estoppel would work either. If you had something in writing saying they would delete the trade-line or that your credit scores would improve (some dunning letters actually say that) maybe it would be there is still the issue of damages. Interestingly, I can't find a single FDCPA/FCRA case where estoppel was used, except by the CA as a defense.

[Recovering Attorney]

In my fancy liberal arts college, that letter would give you an A for length and prose flourish. In law school, you might get a B for throwing around enough buzz words and constructing a logical argument, even if you are off on the law. In the real world, where these letters get read by $10/hr clerks, it is all for naught. If I got this letter, I'd toss it. Long, argumentive letters are not persuasive. As Nick Nolte says to Eddie Murphy, proud of his fancy suit, in 48 hours: Sure you look good. But you'll still a friggin convict.

Estoppel would work in the limited context where you have something in writing from the creditor and you act based on it.

[jordanmorganusa]

Not to start anything here, but Bill Bauer is late out of the gate on a lot of things. The Estoppel letter was around a few years ago on my first credit clean-up mission.There are quite a few credit boards on the net. He goes around, finds other peoples' letters and posts and then regurgitates them as his own. Then he very frequently doesn't know what the heck he is talking about. It is not necessary to send a letter like that. You can get the job done simply by sending it to the right person with the right information. Find the CEO's info(try Hoover's.com or BBB.org), write a letter outlining most of their violations(you sometimes like to hold back to hit them with the full force if you have to file suit) and quote them the law under the violations you've outlined. That should do it. If it doesn't, SUE. That way, you've not only warned them (and hopefully gotten the deletion you wish for), but you're learning the necessary laws as well.

[Recovering Attorney]

Here, here, jordanmorganusa! Didn't find the Bauer's bluster persuasive. A simple letter to a well-placed person will do more. I agree.