donnak

So I sent the letters certified, but they have refused signa

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So now what? I sent letters to two of my outstanding creditors (hosipital bills) and to the collections agencies they hired to cease and desist communication.

The two creditors have not picked up the letters and the collection agencies have refused signature.

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The trick here is to send things FEDEX ground. It costs ~$8 and you can track delivery via the web. PLUS, you don't have to stand in line at the post office. PLUS, most everyone opens FEDEX packages.

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So lemme pose this question?

Would the CA then be liable for violating a FDCPA statute. Lets say the refuse signature and dont take the letter. And they continue to call you at home.

Wouldnt you then have the proof to sue them in court because they did not cease and desist? They refused yer written communication so I think that would cover you?

Correct? Ideas? Comments?

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Would the CA then be liable for violating a FDCPA statute. Lets say the refuse signature and dont take the letter. And they continue to call you at home.

I have always wondered about that. If the CA doesn't sign, then there is no proof. And evidence is always vital. However, you have the evidence on your end that you did send it out.

But always presupposes that someone is actually willing to go to court. The reality is that most people just want this off of their credit report.

Stating that the CA refuses to accept sign could actually be in your benefit with regards to the CRAs.

I had a pile of green cards from CAs that do sign but refuse to send back an responses to my debt validation requests. I simply explained to the CRAs that this is a violation of federal law since the CA refuses to respond to my DV request, etc... And the CRAs eventually did remove the CA collection accounts from my credit reports. I believe that you could make a good explaination to the CRAs that this CA refuses to even sign, thus they are refusing to even read the DV letters, thus they obviously refuse to provide any kind of proof of this debt.

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I believe, (may be wrong) but I sent alot of CMRRR letters out and

(2) came back refused. It's clearly marked on the letter it was refused

so I have a copy of this on original letters.

I sent copies to the CRA's, showing the envelope, the CM sticker,

the green card still attached, and the stamp from USPS showing

it was refused.

Since it is addressed properly to the address the CRA's list I can

show they refuse to communicate and thus validate. I'm waiting

for the CRA's responce.

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FlaDave, I believe that is aweome proof that you have.

The CRAs get a stiffy when you can provide them with rock hard evidence.

Even if the CRAs don't respond favorably right away, I would still continue using that approach. Even refining the letter to the CRA about how the CA is violating federal law by not sign, blah...blah...blah. And how can a CA even provide valid proof that this debt legitimately belongs to you if they even refuse to sign for a letter addressed to them.

I just see it as a gold mine of ways to dispute with the CRAs.

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Don't know if this would work for you, but mine have always been accepted when I've written PAYMENT ENCLOSED in big bold letters on the front of the envelope.

I think somewhere on this board it was determined that this was not a good idea because if a payment was not enclosed it was a fraudulent act and there could be repercussions :(

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I honestly don't think it could be considered mail fraud like others said before.

You are making no written GUARANTEE that there is a payment, You are saying there is. Well my payment to you is that I am demanding proof.

LOL!!!

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I like the "check inside" one...very creative. But might I offer you guys a different approach?

You spend 2-3 dollars on sending this stuff certified return receipt etc. etc. etc....and run the risk of it being refused.

Why not just print out your letter, toss it in an envelope, pay the postage, and pay the 35 or 45 cents for "Delivery Confirmation". It requires no signature, so they can't refuse it. And since it's being sent to a company, all you need is proof that it reached the company, which the tracking number on the confirmation slip provides(you can print up date and time delivered on usps.com). Doesn't matter WHO picks it up...if it reached its final destination, that means the next person to touch it was an employee that the CA had entrusted the power to sign for things and handle their official documents sent via mail, which is good enough for any court.

Problem solved, and for less than 25% of the cost.

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I do not think putting "payment inside" constitutes fraud if this be the case then almost every letter for credit offer sent to me is fraud because the put "You are Approved" or something like that on it. Is that not the same thing?....I also like to use the pre-paid envelopes that alot of these collection companies will send with there letter. Heck let them pay for it. At least you know for sure its going to the correct place. If the respond or not is different. I try to do that first then try to send certified. just my 2 cents...

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Delivery confirmation is the best route to go... The CA does not sign for it, the delivery man just scans it and confirms delivery.. Takes the CA entirely out of the picture.. And we all know, the US Government doesn't lie.. :lol:

If they say they delivered it, then they delivered it....

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Again, I have never heard of anyone "refusing" FedEx. FedEx ground costs $8 (I know, $4 more than CRRR), but there are never any lines in the FedEx offices, and my time is worth something!

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I believe that Delivery Confirmation from the USPS is not considered actual evidence and will not hold up in court. This was communicated to me by a clerk at the Post Office, so I'm taking her word for it. I'd rather spend the extra $2 or $3 and at least have a true record of my actions.

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When I worked in a law firm, we would always put things in the mail and mark on the text of the letter "via certified and regular mail" and had the post office issue a receipt for both. That way, if the certified mail was refused, the regular mail would usually slip through. Further, we have had courts say that the date stamped was deemed as the date received for service.

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Now.. here is my take

If a CA only has to say that they SENT the letter.. does that not also work in our defense as well.

Especially if you use delivery confirmation.

You have proof from the USPS that it was delivered.

Once again.. you only have to prove that something was sent.. correct?

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Contact the state business registration department for the CA (this could be the Dept/Sec of Commerce, State, Labor etc depending on the state). Request information for the business' Registered/Statutory Agent. A Registered/Statutory Agent by law, cannot refuse to sign for CMRRR. Any correspondence sent to a Registered/Statutory Agent is considered to be 'received' by the business itself for court purposes. If you DV the CA and the CA's Registered/Statutory Agent at the same time, they cannot claim to have never received your request for DV.

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Contact the state business registration department for the CA (this could be the Dept/Sec of Commerce, State, Labor etc depending on the state). Request information for the business' Registered/Statutory Agent. A Registered/Statutory Agent by law, cannot refuse to sign for CMRRR. Any correspondence sent to a Registered/Statutory Agent is considered to be 'received' by the business itself for court purposes. If you DV the CA and the CA's Registered/Statutory Agent at the same time, they cannot claim to have never received your request for DV

This is correct. As a Licensed Mortgage Broker in NY and PA, The Department of Banking is also the Registered Agent for complaints~! lol Great idea ^_^

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