Sunday, January 30, 2005

CREDITWRENCH and estoppel Part II

Today CREDITWRENCH CEO Bill Bauer vehemently denied my accusation that he advocates use of the doctrine of estoppel when dealing with collectors. In fact, his exact statement posted on PCMHoldings.com was:

"The so-called estoppel letter I use is nothing more than a reminder that in the debtor's opinion it is time to get busy and do something or get off the porcelain. It actually has nothing whatever to do with the doctrine of estopple."


It just so happens I am in possession of this letter that, on one hand he denies, on the other hand he claims copyright to. Here is an excerpt from this supposed "non-existant" estoppel letter, allegedly authored and copyrighted by CREDITWRENCH CEO Bill Bauer:

"In doing so, you obviously failed to realize that the Doctrine of Estoppel directly applies to this type of situation and is cause and more than sufficient grounds for my pending lawsuit against you for punitive damages in whatever amount a jury might deem appropriate for your violation of the estoppel doctrine of law.
Here is what the Doctrine of Estoppel is and how it applies to your violations of it. In order for the doctrine of estoppel to apply, the party of the first part (you, the collector) must make some statement or engage in some conduct upon which I have relied and acted upon which later proved to be to my detriment or prejudice."


CREDITWRENCH claiming he doesn't advocate the use of estoppel doctrine in dealing with collection agencies is false and misleading.

As a matter of law, estoppel can not be applied when a collection agency fails, or refuses to validate, as they are under no obligation to do so.






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