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new collection on my CR, but no letter?


ontheverge
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Hi Everyone

I have a new tradeline listed on my credit reports. True credit lists that it was updated on 12/6/05, which would be the first time it was entered on my reports. I still have not received anything in the mail from them. Any advice on what to do. I believe they are required to send me something within a set time from reporting on my CR.

Thank you.

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California Civ. Code 1785.26 states that creditors may submit negative credit information only if the creditor notifies the consumer. The notice must be done in writing and prior to or within 30 days after the negative information transmits.

Send a DV letter and ask for a copy of the letter they supposedly sent to you stating that they would place negative info on the credit report.

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California Civ. Code 1785.26 states that creditors may submit negative credit information only if the creditor notifies the consumer. The notice must be done in writing and prior to or within 30 days after the negative information transmits.

Send a DV letter and ask for a copy of the letter they supposedly sent to you stating that they would place negative info on the credit report.

What can you do if they never sent you this notice?

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It states that a CREDITOR must send notice, what does it say about the CA? Also, it says they must SEND the notice, does it say you must receive it?

To answer these questions, I refer back to Cali. Civ Code:

1785.26. (a) As used in this section:

(1) "Creditor" includes an agent or assignee of a creditor,

including an agent engaged in administering or collecting the

creditor's accounts.

With respect to this law, California regards a "creditor" as the OC and CA.

With regard to notice:

© The notice shall be in writing and shall be delivered in

person or mailed first class, postage prepaid, to the party's last

known address, prior to or within 30 days after the transmission of

the negative credit information.

The law does not state that the debtor must receive the notice. However, the law goes on:

(d) A creditor is liable for failure to provide notice pursuant to

this section, unless the creditor establishes, by a preponderance of

the evidence, that at the time of that failure to give notice the

creditor maintained reasonable procedures to comply with this

section.

Based on all this, what I would specifically be looking for when asking for proof of notice is what address they sent it to. If it's not on my credit report, then I would maintain the CA had no basis to send mail to that address, even if they received this address from the OC. I would also argue that they placed negative info on my CR only to make me come forward, which violates the letter and spirit of this section.

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Unless you do your homework, this can be difficult to beat. The FDCPA is the same way, if they can prove they have a procedure to mail them, they have complied.

The case I read involved a CA that created batches of computer generated dunning letters and then mailed them out in bulk. The court ruled that this procedure was good enough to allwo the CA to assume it was received by the debtor.

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The law covers ALL who report to the CRA's. As noted, all they have to do to prove they sent a letter is to say they did. All courts accept this as they use the mails in their normal operations. Plus, they are only obligated to send it to the last known address. If you moved, they could easily say they sent one. Can you prove different?

But, many CA's, especially outside of California, have no knowledge of this law. Therefore, they do violate. Remember, California is about the only state who offers this protection.

About the only way you could get them is to wait for at least 35 days from when you found this TL, then send them a letter. I say this as CRA's do not report the exact date, only the month and year. This letter would be in the form of a DV letter as you would say that upon a recent check of your CR, you found their TL. Having not received ANY communications from them, you are now demanding they act in accordance of the laws governing debt collectors. Wait for them to respond. After 35 days more, you will send them another DV that also includes the verbiage about their reporting with no notification. This will get their attention as you are not playing any games. If they are smart, they will make an offer of settlement, and you would counter to what you want.

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