Credit Card Protection
What do you do when they won't answer you?
So often community members have asked for a letter example to accomplish some purpose. This then is a sample format I have written myself or obtained from others on my Forum. Feel free to copy, paste, and alter to fit your needs.
Per Electric Law, Estoppel is defined as, "A bar which precludes someone from denying the truth of a fact which has been determined in an official proceeding or by an authoritative body. An estopple arises when someone has done some act which the policy of the law will not permit them to deny. In certain situations, the law refuses to allow a person to deny facts when another person has relied on and acted in accordance with the facts on the basis of the first person's behavior."
The estoppel letter is used when you request validation and don't get a response from the Credit Agency. It uses the "doctrine of estoppel" which in VERY general terms means that "your continued silence means you agree with me and therefore you must stop what you're doing [in this case, reporting to the Credit Reporting Agency]".
Estoppel - Unanswered Validation
During a standard review of my credit files from the three major credit reporting agencies I was dismayed to find an inquiry posted by [CREDITOR] on [DATE].
As you are probably aware, the credit reporting agencies regard inquiries as a statement of fact and will not allow a consumer to dispute them. They maintain that if the inquiry is on file then the company listed did in fact view the consumers record. Since it is unlawful under the Fair Credit Reporting Act for a person to view a consumer report without a permissible purpose I am writing this letter.
I don't recall applying for credit or employment with [CREDITOR].
From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]:
"(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater."
From the 1998 FTC Opinion Letter to Mr Greenblatt:
"Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured."
Also from the Fair Credit Reporting Act: § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure;
(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.[/blockquote]
Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of $1,000 by DATE to the name at the address listed at the top of this page.
Please respond via fax to (123)456-7890
Teed off consumer