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Underhandedness


divemedic
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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 YOUR

CREDIT RECORD! PAY TODAY!

I remember seeing a case about window envelopes. If anyone has the case law on this, post it here.

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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.....

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