divemedic Posted March 2, 2005 Report Share Posted March 2, 2005 I have been trying to get rid of an old paid collection. I called EQ and initiated a verification on it. I get a dunning letter from the CA the day after it came back verified. It is a dunning letter for a different account for a debt of $21, with a statement that " This is an attempt to collect a debt and any information will be used for that purpose. This is not a first notice. If you did not receive our first notice contact us immediately"I know that this is a first notice. I have lived at this address for 2 years and I have been sending DV's to this company from here. They damned well know where I live. They are trying to dodge the 30 day DV rule.I already have one violation on them: The dunning letter came in a window envelope with a note below it. Plainly visible under my address through the window is this line:THIS MATTER IS AFFECTING YOURCREDIT RECORD! PAY TODAY!I remember seeing a case about window envelopes. If anyone has the case law on this, post it here. Link to comment Share on other sites More sharing options...
divemedic Posted March 7, 2005 Author Report Share Posted March 7, 2005 Hello? Link to comment Share on other sites More sharing options...
Methuss Posted March 7, 2005 Report Share Posted March 7, 2005 The "Pay Today" statement is a no-no. Overshadowing. Combine that with all the other violations on that one scrap of paper and you can do some seious whacking on them.They can claim it was a first notice until dooms-day. The fact is that the 30 day period begins when you receive the notice, not when they sent it.1692g(a)(3) a statement that unless the consumer, within 30 days after the receipt of the notice, disputes the validity of the debt..... Link to comment Share on other sites More sharing options...
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