Drake Savory Posted March 28, 2011 Report Share Posted March 28, 2011 I know that it may be different than the standard answer because this was an OC and they do not fall under FDCPA.I got a letter from a CA for a bill I did not know about. The address was sent to an address I havn't lived at for 10 months. So I do my DV and a 623 with the OC. I just got the letter back from the OC and it was a final bill for the utilities. They claim that they sent the letters to the old address were returned as undeliverable by USPS even though I had my mail forwarded. I know I need to pay ths bill since it is nowhere near SOL and now that I have the statement I can see if the CA added any fees or interest and fight that, but my question is if the OC admits that the mail they sent was not delivered by USPS and I can prove that I put in for forwarded mail, can they still legally report it to the CRA as late or sent to a CA since I clearly did not receive any bills through no fault of my own? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 28, 2011 Report Share Posted March 28, 2011 but my question is if the OC admits that the mail they sent was not delivered by USPS and I can prove that I put in for forwarded mail, can they still legally report it to the CRA as late or sent to a CA since I clearly did not receive any bills through no fault of my own?Did you contact this OC directly and give them your new mailing address when you moved? Link to comment Share on other sites More sharing options...
Drake Savory Posted March 28, 2011 Author Report Share Posted March 28, 2011 Did you contact this OC directly and give them your new mailing address when you moved?No because I did not know I had a balance and I filed a forwarded address with USPS. I guess the question is what happens when the OC (and maybe this extends to CA and JDB) know for a fact that the mail is not being delivered and the debtor has no notice of the debt. The only thing I can think of is that the OC put "DO NOT FORWARD" on the envelope but knowing I moved, isn't it on them to allow their notices to be forwarded or get my new address by calling me at my job or something? It's not like I dropped off the grid.It reminds me of an opinion on a tax case when the treasurer was held liable if they knew as a fact that notice was not received. The judge used the analogy that if the treasurer saw the postmen drop the notifications down a stormdrain, they couldn't use the argument, "But I mailed it. Not my fault." to absolve them from making another reasonable attempt at notification. Link to comment Share on other sites More sharing options...
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