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CA sent notices to wrong address


Sinuous
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A CA for some small medical bills claims they sent me 3 notices to an address which I was not living at when they sent the notices. I have documented evidence that I was not living at the address when the notices were sent. I only discovered the existence of the debt through careful research into my past financial transactions. As it was not on my credit report at the time, I foolishly paid the OC, and lo and behold it was inserted onto my credit report shortly thereafter by the CA. The CA sent me a signed/dated/letterhead letter stating they had reported the debt to the CRA for many years, but I have specific evidence that would be allowable in court that they inserted the trade-line very recently after payment to the OC. Am I mistaken in assuming that by stating to me this falsehood about reporting that they are guilty of the FDCPA's provision concerning "false and misleading information." In addition, because I never received notice of this debt and can prove it, do I have any further recourse or remedy? Thanks for any help y'all can offer, as I was unable to find information regarding this topic during numerous forum searches. xcoffx

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How do you prove a negative ?? Basically you can't. All they have to show is that their procedures include mailing to your 'last known address'.

The question then, is DID they pull your reports before the notices were sent to the wrong address ?? If they did, and your current address is on your file, then they certainly did know and had access to your current address and sending notices to a outdated address was deliberate.

I doubt you'll get anywhere with the 'misrepresentation' angle, the debt was yours, it was a collection, and you paid it - they reported it. There is no requirement that the ever report, so whether or not it was there before may not mean much. If what they are reporting now is accurate, you don't have much to stand on.

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The address I was living at when they sent the notices to the wrong address is clearly shown on the CRA report they inserted their trade-lines onto. Doesn't this at least give me the right to request retroactive debt validation, as I never had an opportunity to legally dispute the validity of the debt? And as far as the "false and misleading representation," I am referring specifically to 15 USC 1962e (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. They sent me a document on their company letterhead that is signed and dated that contains complete BS information, and I am 100% sure they knew it was a lie when they sent it. On another note, I am fairly certain they are also in violation of 15 USC 1962e (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization. Is it legal for the CA to send documents that are all labeled as the proper name of the hospital...i.e. - "_______ Hospital processing center," all directly from the address of the CA which has a completely different name?

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As Lady pointed out, the reporting is legit. True, reporting after payment to the OC is CS, but, the laws are clear in this. They have a right to report the debt for the allowed time. The only requirements is that if they report, it must be true. Legally, though this debt was paid to the OC, as long as the CA, though reporting after payment, reports it as a paid collection with a zero balance, they are within their rights. Remember, though it was not on your report at the time you paid, it was still in the hands of the CA as an assigned debt. Here, your best bet is to wait for CHOD this year, then dispute the TL with the CRA's.

As to their communicating with you, all they have to do is say they sent the letters to your last known address, and the courts will accept this. Remember, they use the snail mail in their normal operation of business, and, is how they can get away with it. To prove any of this was illegal, you would have to prove the OC had your correct address at time of assignment. Or, prove the CA "ignored" your correct address. Very hard to prove. Is it fair? Of course not. My opinion is that the CA, upon obtaining your correct address, send a letter with all other communications also in the envelope, along with fair verbiage as to their attempts to locate, etc. As to asking to validate the debt now, why bother? You have already paid the debt to the Hospital. This would serve no purpose.

As to their sending to the incorrect address, you will have to prove this with the OC and hope they will assist you in resolving this part of it by stepping in and informing the CA of their error, etc. You can try this. Go to the Administrator and explain this.

In regards to the CA claiming they reported the debt for years, yet, it did not show, would be a hard one to argue, and, a waste of time. Remember, as a normal part of their business, they report to the CRA's. Here, how can you prove they didn't report? They can easily blame the CRA. Yes, you could ask for the tapes used during this period, but, it won't help you. At the same time, I'm sure they purge their tapes periodically, which is proper and acceptable.

That is why your best bet is to wait until CHOD and dispute with the CRA's then. I say this as many times a CA does not respond to disputes on paid accounts, thus, the TL will delete.

If you are in the process of obtaining a mortgage, all a lender will want is the TL to show a zero balance. Yes, your score will be hurt, but, it may only cause your interest rate to be higher. Not a problem as you can, once this TL is gone, and your account has seasoned, refinance your home for a lower rate.

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