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Return address on DV letter?


pinkeysas
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I am going to send out a DV letter tomorrow to a CA that sent me a letter to my parents address where I have not lived for 4 years.

If i need to list a return address in order to mail something Cert mail can I use my parents address because I'd rather them not have any more address to contact me at than what they already have.

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If you use your parents' address, then the CA will flag the address as "confirmed" in their system. They could then have an attorney file a lawsuit against you in the district where your parents live -- a sheriff or process server would then show up at your parents' house in an attempt to serve you and you would have to appear (or hire an attorney to represent you) in that local court, even if you don't actually live near there any more. You might be able to get the case thrown out for lack of personal jurisdiction, but the embarassment of being served at your parents' house would already have taken place.

It is always better not to voluntarily give (or confirm) your address info with any CA. Instead, you could just use one of the CA's addresses as the return address. Most CAs have multiple locations or at least a P.O. Box address as well as a street address. Do a little research on sites like BudHibbs.com to determine an alternate address for the CA (such as their P.O. Box) and use that as the return address. If you can find a street address then it would probably be best to send your certified DV to that address -- just make sure that it's absolutely correct. You should also TYPE the addresses (use the envelope feeder on a printer) rather than addressing the envelope in your own handwriting.

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If you use your parents' address, then the CA will flag the address as "confirmed" in their system. They could then have an attorney file a lawsuit against you in the district where your parents live -- a sheriff or process server would then show up at your parents' house in an attempt to serve you and you would have to appear (or hire an attorney to represent you) in that local court, even if you don't actually live near there any more. You might be able to get the case thrown out for lack of personal jurisdiction, but the embarassment of being served at your parents' house would already have taken place.

It is always better not to voluntarily give (or confirm) your address info with any CA. Instead, you could just use one of the CA's addresses as the return address. Most CAs have multiple locations or at least a P.O. Box address as well as a street address. Do a little research on sites like BudHibbs.com to determine an alternate address for the CA (such as their P.O. Box) and use that as the return address. If you can find a street address then it would probably be best to send your certified DV to that address -- just make sure that it's absolutely correct. You should also TYPE the addresses (use the envelope feeder on a printer) rather than addressing the envelope in your own handwriting.

If they do this, how would they communicate with the ca?

Renaid

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It is always better not to voluntarily give (or confirm) your address info with any CA. Instead, you could just use one of the CA's addresses as the return address. Most CAs have multiple locations or at least a P.O. Box address as well as a street address

Very tricky. I like it.

pink-DO NOT SIGN IT. If you must do anything, block letter your initials. I wouldn't give them a chance to forge your signature.

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If you put a return address on the green card, the CA can't see it. It's affixed to the letter with your address hidden. Unless the CA is tricky, flips it over and writes it down. I don't know if the Postal worker will allow that or not. Maybe a call to the Post Office is in order. What I mean by block letter is printing your initials in all caps. That way they can't trace your signature and transfer it to a document. It has happened.

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You're right -- if you want to request a "Return Receipt" (the green card) to confirm delivery of a DV letter then you'll need to provide a return address where the card may be mailed back to you. Requesting a RR is recommended by many people on boards like this one, but I can tell you from experience that it ISN'T NECESSARY!

I never request a RR when sending a DV letter via Certified Mail, and I have successfully sued two CAs on FDCPA violations (each one settled for thousands of dollars!) without a RR!

Once a Certified Mail item has been delivered, you can view delivery info (exact date, time and zip code) via the USPS.gov website. And if you absolutely need an official receipt confirming delivery, you can go to your local post office and request one -- it costs about $2.50 and takes a few days. But you will seldom need such proof. As long as you retain the Certified Mail tracking number, you shouldn't have any problems.

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What I mean by block letter is printing your initials in all caps. That way they can't trace your signature and transfer it to a document. It has happened.

Im sorry I still dont quite understand...... You mean under my typed name just sign it like P.I.N.??????????

Can't they lift that and use it too??????????

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Im sorry I still dont quite understand...... You mean under my typed name just sign it like P.I.N.??????????

Can't they lift that and use it too??????????

I don't know if this helps, or if it's right, but I haven't put one mark in my own hand on any dv. I simply type the letter, and that's it. For some reason, I started getting paranoid and thought they could lift any signature and place it on a contract of their own design.

I still am confused how you would have communication with the ca if the return address is another ca address.

Renai

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What could be sneaky about typing your signature? Maybe your hand is broke and you had to have someone else do your letter..who knows...

That said, I believe myself a fool now, cause so far, I have signed

everything I've sent out.

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Its not really about being sneaky, it's call "protection"...

It has been known that signatures have been scanned and inserted into documents where original signatures were not available...thus...the suggestion of just closing your typed letter with your typed name and leaving signature off.

As for the address, you say the address they have on file for you is your parents, well, if you do not write a correct return address, they will continue to communicate with you at the address they have on file for you, your parents.

Therefore, the scenario that fred_perkins gave can stand true as far as them attempting to serve you at your parents address, obvious! So the choice is really yours...

uuummmm...update or not update?!?! :rolleyes:

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As for the address, you say the address they have on file for you is your parents, well, if you do not write a correct return address, they will continue to communicate with you at the address they have on file for you, your parents.

Therefore, the scenario that fred_perkins gave can stand true as far as them attempting to serve you at your parents address, obvious! So the choice is really yours...

uuummmm...update or not update?!?!

OK this whole situation makes we concerned. I need these CA's off of my reports asap in order to get my mortgage approved.

But at the same time I dont want to just pay these CA's without knowing that I actually owe THEM anything.

But if its going to turn into a law suit type situation with them possibly serving me papers or something, it might be worth it for me to just pay the damn thing and try to get a PFD.

Under what grounds would they try to serve me with papers?? Just for DVing?

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It's possible. Some CAs just respond w/lawsuit and some roll. Are you a gambler? Have you already talked w/a mortgage broker? Most will work to get you approved, may just be a higher rate. Not unrecoverable though. After the mortgage is done, start on the credit repair road again and then re-fi to a lower rate. If you are crunched for time you might go with the PFD route, but if you can put off the mortgage, you may be able to get a better rate. It's entirely your decision. I know it's hard to wait for something as important as a house, but it may save you thousands of $$$. Think about it seriously, because it's a huge decision you're going to have to make. If you go with the PFD, I don't think anyone would scoff, but you need to make the choice. I wish you the best of luck.

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ok so if i go ahead with the DV letter listed below and they choose to respond by serving me papers at the address that they have (my parents house where i no longer live) what heppends when im not there to receive papers?

Re MCM Account #: xxxxxxxxxxx

Your agency is reporting that I owe you a debt. I was not aware of this debt until now. So, as per my rights under the FDCPA, I request that you validate this debt.

I have disputed this debt with the 3 major Credit Reporting Agencies to which you have

thus far verified with Experian. After you verified this debt with Experian you sent me a

letter which I have attached a copy of. The FCRA states, that you must report accurate

information and if you verified the account in question, obviously, you have the information

that you are requesting in your letter to me. Otherwise, it's a violation of the FCRA,

§ 623. Responsibilities of furnishers of information to consumer reporting agencies

[15 U.S.C. § 1681s-2]. I am now requesting you to send me any document from the OC, on

their letterhead, that establishes and validates the allege debt between us. If you cannot

provide this documentation, you must remove, delete, and not resell this alleged account information.

Also, please be aware that all correspondence regarding this account will be done only by mail and you are not to contact my friends and relatives, or my place of employment.

Thank you for your time,

Also, if they serve me can i then just offer to pay them rather than go to court. Im just concerned cause this particualr debt is only $135 so id honestly rather pay it than get served for DVing it.

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From what I understand, service depends on your state laws, in some states you do not have to personally be served, they can even "hang it on your door"...

Not sure if you could pay them once served before going to court. Probably so, but I'd think you would be more at their mercy and then they would probably not PFD for you at all?!? That's my opinion.

Your letter looks fine if you are going to DV them.

Wow...what a dilemma for such a small amount $135....with such a thing at stack....mortgage....you definitely want to make a smart decision to get you the best result as possible!

Good luck!

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"Also, if they serve me can i then just offer to pay them rather than go to court. Im just concerned cause this particualr debt is only $135 so id honestly rather pay it than get served for DVing it."

They likely won't serve. but they could. If you are going to just pay them at least try to get a PFD from them. A paid collection account on your CR is not much better than a unpaid one. You can do a PFD via fax if you'd like. You just need proof (signed by them) that they agreed to delete. Anything short of something signed with legibale name and postion held won't work.

Remember, this idiots LOVE to tell you ANYTHING to get you to pay. A veribal PFD is worth nothing in court if they fail to delete.

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Its not really about being sneaky, it's call "protection"...

It has been known that signatures have been scanned and inserted into documents where original signatures were not available...thus...the suggestion of just closing your typed letter with your typed name and leaving signature off.

Sneaky or no...I don't "physically" sign anything. I do have a jpeg of my signature that I insert into every letter I send out with a little mark on it that is not really noticible to anyone but me. But since I have the original jpeg image, it can be proven if ever forged on a document, that it truly IS a forgery. How would an attorney explain that one in court?

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Thanks for everyones help.

SO really i need to pick one or the other right? I mean its not like i can try to get a PFD and if they say no then DV them cause I have now made it look like i am accepting the debt is mine by sending the PFD right?

Also, what should a good PFD letter say?

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SO really i need to pick one or the other right? I mean its not like i can try to get a PFD and if they say no then DV them cause I have now made it look like i am accepting the debt is mine by sending the PFD right?

No turning back after PFD in my opinion. It says to them, yeah, it's my debt, and you can't turn around after they reject your PFD and say, no, it's not mine. You have to pick a side. PFD letter should look something like this.

Dear Sir or Madam,

I would like to take care of my debt with your company honorably and request you consider an agreement to settle with the promise to delete all negative information reported to the 3 major credit bureaus. Please consider my settlement offer and correspond with your response as soon as possible.

AGREEMENT TO SETTLE DEBT

CA's NAME, referred to as CREDITOR and YOU, referred to for the purposes of this transaction as DEBTOR, agree to settle the alleged debt which the CREDITOR says is owed. DEBTOR is not admitting that the debt is hers, but agrees to pay the amount in order to resolve the situation. CREDITOR, hereby agrees to compromise the alleged debt under the following terms and conditions:

The CREDITOR states that the alleged debt due is $40.00 (forty and 00/100 dollars). The parties agree that the CREDITOR shall accept the sum of $40.00 (forty and 00/100 dollars) as full payment on the alleged debt. The acceptance of the payment will serve as a complete discharge of all monies due. The payment shall be made by bank money order payable to AR RESOURCES.

In addition, upon accepting of the $40.00, the CREDITOR agrees to remove the information about the debt from the DEBTOR's credit reports (all 3 major credit bureaus, Equifax, Experian, and TransUnion).

This compromise is expressly conditioned upon the payment being received by April 30, 2007. If the DEBTOR fails to pay the compromised amount by April 30, 2007, this agreement shall be null and void.

This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns.

Dated: March 28, 2007

Debtor Signature:

CREDITOR: CA's NAME

Authorized Agent Name:

Authorized Agent Signature:

Please have the person authorized to accept this settlement print his/her name under Authorized Agent Name, sign the document and return to me at the address listed here: YOUR ADDRESS. Thank you for your consideration in advance and I look forward to coming to an agreement with your company and settling this debt.

Best Regards,

YOUR NAME

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