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Possible improvement to the estopple letter.

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Possible improvement to the estopple letter.

Post by Ausk on Thu Aug 10, 2017 2:28 am

Perhaps the following could included into the Estopple letter as it have more 'go away' power.

"You have been given a reasoanble opportunity to prove liability exists but you have failed to do so. Continued contact in relation to this matter may not only constitute harassment but may also constitute fraud which is a crime. Fraud vitiates all contracts and there is no statute of limitation on fraud."

Continued attempts to defraud me may result in legal action being taken against you."

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Re: Possible improvement to the estopple letter.

Post by actinglikeabanker on Thu Aug 10, 2017 5:34 am

Hey Ausk,

Which Estopple are you referring to, the one titled "bankestopple"?.

As far as I am aware you can add whatever is legally accurate in the estopple, if I were to add something like you have put, I would consider citing the relevant laws for harassment/fraud, it is possibly not worth including the statute of limitations for fraud or an accusation "Continued attempts to defraud....." as it is just a waste of paper and doesn't really prove anything. A court would be the judge on any limitations or attempts to defraud.

With the first line "You have been given a reasonable opportunity to prove liability exists but you have failed to do so." if I were to add it, I may consider stating the exact number of days (should be 60 days presuming the ten day letter process was used) as it is an ambiguous statement/allegation and, without a specific legal definition, legislation, guideline or rules etc of "reasonable opportunity" then it could mean anything, they and a court may see "reasonable opportunity" as anytime from default to statute barred clock. I may also consider turning the sentence around slightly so that it is you, who is the one who has been reasonable by providing them 60 days to demonstrate liability, again this is just so it is a factual statement (you don't need a legal definition, legislation etc to tell a court how valuable your own time is) being made and not a claim or accusation etc.
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