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ERC Update - DV still possible?


gbe
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Last week I posted about ERC (Enhanced Recovery Corp) calling my cell and house and asking me to call back. Today, I picked up the phone to try to get some kind of detail from the company. They claim it is an old Providian account of mine that they are collecting. I ask them to send me something in writing telling me this, and they tell me that they've sent me many things in the mail already - including the letter notifying me of my right to dispute the validity of the debt within 30 days. Problem is, they were sending the letters to my old address - one I have not lived in for at least three years. I provided my current address and asked that they send me the information.

My question is - assuming that they did indeed send a letter to my old address informing me of my right to dispute, am I out of luck with regards to DV and the rights afforded to me by the DV process? I think it would be wholly unfair to me to lose this protection simply because they chose not to maintain accurate records (or to look in the flipping phonebook - i'm not unlisted). This is the first time they have made contact with me, and the first time they called was last Wednesday. The SOL in Louisiana is 3 years, to the best of my knowledge, and as I have not made payments to Providian (or anyone on their behalf) in the last 3.5 years, I am not concerned with a lawsuit. I am more looking to force them to play by the rules (and entertain myself a bit in the process)

TIA

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I too am very interested in how this situation would be handled as I am in a similar situation having moved and now being served. I may have other OC's and CA's out there having done the same thing. Having now only made a real effort to contact me with a suit.

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