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Letter sent to Wrong Address?


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Ok CBCS have reported me to the agencies.

I never received a letter from them.

They claim to have sent a letter to an old address and had it returned as a bad address.

As I have never received a written communication from them are they in breach of the law?

(I had never spoken to them until today.)

Getting their address was like drawing teeth - and they really don't like communicating by mail.....

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I believe you will find that they are only in violation if they knowingly sent the correspondence to the wrong/out of date address and/or if they are lying about sending correspondence.

If you can prove they never sent a letter or if you can prove they knew your correct address and didn't use it then you might have something

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At the moment I have *nothing* in writing from them.

So are they allowed to report to the CRAs anyway?

They told me - verbally - that the letter they sent had been returned as being a bad address.

On the basis of that they would know that I had not received any letter from them.

ON EDIT

It would seem that using this technique the CAs could ignore the law altogether and jsut claim to have sent letters to old addresses knowing full well that the people wouldn't get them...and then report the accounts to the CRA's

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No, not at all. If they have acknowledged return of the letters they have attempted to comply in the eyes of the law. Give them your correct address. Nothing would prevent this creditor from filing suit if they had to skip trace you and you would probably not be notified prior to any action. The law does not require letters be sent, nor does a debt need to be reported to a credit bureau.

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No, not at all. If they have acknowledged return of the letters they have attempted to comply in the eyes of the law. Give them your correct address. Nothing would prevent this creditor from filing suit if they had to skip trace you and you would probably not be notified prior to any action. The law does not require letters be sent, nor does a debt need to be reported to a credit bureau.

How does this work then if there is no 'contact' - does contact have to be two way?

"Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

"

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Do you have any old Credit reports? It would be great if you had the CR around the time that they report it. It would have your current address on it. If they reported it to the Credit Agency they more then likely pulled a CR. And old CA pulled my report (permissive purpose) to get my address. If they pulled a report and say they sent the ltr to the wrong address then they didn't send a ltr.

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