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Using CA own under handed tactics against the CA?


Jaryu
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Since the CA "first" paper communication was a couple of days shy of 2 months after they creamed my credit report and in the letter they sent they claim that there was some form of communication between me and CA and we never reached an aggreement.

Would it be feasiable when I send my DV letter latter today to actually make a complaint that they didn't reply to my "previous" letter with the DV I "requested" more than a month ago? Since a letter sent is "supposedly" received by law and the receiver has the burden to prove they didn't receive it I guess and I am sure they would claim that they sent a letter of communication to let me know they had backstabed my credit report and I would simply claim I sent a DV letter non RR cause I didn't think they would be dishonest about not receiving it. If nothing else it would be my word vs. theirs on this and it would end up I would think as them not having replied to my DV letter.

It would work out quite well to both start the clock again on the 30 days verification and give me more time to think a strategy to deal with this people...

I would be happy to pay this if they didn't almost triple the ammount due, and turned this into a good credit line... but not on those horrible terms they are trying to pull.

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Just to expand a little on the previous post...

The FDCPA does say that the CA only needs to show that they have a mechanism in place to send out notification letters. It doesn't say that they need to prove that you got it. Unfortuneatly, that little wrinkle doesn't extend to us.

In general, its up to us to prove that we sent it. That's what the CMRRR is for. When it comes to your word against theirs, the law is pretty much on their side. So...you need proof.

On the other hand, depending on who the CA is...your suggested response may at least encourage them to send it back to the OC. In general, CAs don't like to bother with debtors who know their rights. On the other hand, some CAs don't even read what you send..

Bottom line...worth a try...but don't expect too much from it.

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