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divemedic
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This thread here:

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=36934

talks about a CA that has been calling me and badgering me at work. They contacted me on Oct 20, Nov17 and Nov 18. The FDCPA reads:

(a) 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

Do they have to send the notice within 5 calendar or 5 business days? Since Nov 18, there have been 5 business days. Nov 21, 22, 23, 28 and 29. So if I allow for 5 mailing days, and don't have my notice by Dec 5 they are in violation, right?

If it is calendar days, then they are already in violation.

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Theoretically, however I have had lots of mail over the years that was in US Postal limbo for 10 -15 days or even longer.

Especially during this busy postal holiday season.

You may want to give it a few more days before you tip over the apple cart...

Good luck.

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I agree wtih Radio_Guy on this one; it's too early yet to get excited.

I've had letters from friends sometime take 10-15 days to be delivered when it usually would take only two or three days...the point being, you just can't tell when something will be delivered when it's in the USPS system.

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I would wait until after the first of the year. As others mentioned, the season can cause the mail to travel quite slow. Then you send a CMRR letter to the CA inquiring about the letter as you assumed they would be sending one. Don't mention the 5 day requirement. What you are looking for is for them to send you the letter upon receipt of yours. Then look at the date on their meter, or cancellation date, if a stamp is used. Now you have your ammo, plus the date on their letter may also be used. Remember, if they don't realize you have knowledge of the requirement, they will not try "altering" their letter. If they do know, they could easily falsify one and blame it on someone else to show compliance. As was also mentioned, a CA only has to state they did mail a letter and any court will accept this. Reason is that they use the US Mail in their normal operation of business.

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