I have not supplied proof under the doctrine meaning?
I haven’t provided evidence in accordance with the doctrine, so you may assume, under the doctrine of estoppel by silence, that there is no proof of the purported debt and, as a result, no such liability, if the debt collector has not provided the requested proof of the alleged debt within 30 days.
Estoppel letters, What are they?
Here is an Estoppel letter. Send it to a CA, the instructions are quite straightforward in that regard. Enjoy!
Re: Account #0000
To Whom this may concern:
As I have not heard back from you in over 30 days since my formal written notice of dispute dated 04/03/00 (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.
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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.
CC: Better Business Bureau, FTC, Attorney General of Washington
01. How do I get a collection removed from my credit report without paying?
You can remove collections from your credit record in three different ways without paying.
- Writing a letter of goodwill requesting forgiveness
- Going up against the collections on your own
- Contacting a credit repair company to represent you in the dispute.
02. How do I remove a debt from my credit report after the statute of limitations?
In principle, when a debt reaches its legal expiration date, it should be automatically deleted from your credit report (seven or 10 years). If you see debts on your credit report that are older than that, you should send mail requests for a return receipt to the creditor and the credit bureau.
03. How can I get negative items removed from my credit report?
There are three steps to correcting inaccurate information on your credit report.
- Send a “pay for delete” letter first. You could try asking a creditor to stop reporting bad things if you pay them in full.
- Submit a demand for goodwill deletion.
- Permit the statute of limitations to expire.
04. What does “disputed item deleted” mean on credit karma?
The credit bureaus will delete a disputed item if the lender or collector agrees that it is not yours. Therefore, it seems that the item can be added back to your credit report in your situation. Furthermore, whether you pay for it or not, it can be replaced.
05. What is the 11-word phrase to stop debt collectors?
If you need a break, say the following 11 words:
“Please cease and desist all calls and contact with me, immediately.”
Here is what you should do if you are being contacted by a debt collector.
Source: Shutterbulky | Creditinfocenter