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CA's dunning has two address. Where do I send for vod?


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I did find a thread which covers some of my question:

http://www.creditinfocenter.com/forums/collections/273089-do-i-need-physical-address-send-cmrrr.html

I did not know that one could cmrrr a P.O. box number and that a postal worker would notify the box holder of the cmrrr. If the cmrrr is returned then keep the letter unopened with postal marks then that is proof your good faith to send for vod within the 30 days.

The other part of my question is if giving two different addresses is "False or Misleading Practices"? The issue is, one address is on the payment slip and the other is in the heading of the collector's dunning letter. There are no instructions where to send for validation other than "This Office.

Sending the vod to the wrong address could cause a delay in the collector receiving notice of vod within the allotted 30 days thus causing the consumer to be untimely in their vod and allowing the collector to continue their collection activities uninterrupted and denying the consumer their vod.

Understanding that the courts have decided to judge violations at the level of the LSC, that is, would the LSC be deceived, is this a viable claim?

Edited by Downto0
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I did find a thread which covers some of my question:

http://www.creditinfocenter.com/forums/collections/273089-do-i-need-physical-address-send-cmrrr.html

I did not know that one could cmrrr a P.O. box number and that a postal worker would notify the box holder of the cmrrr. If the cmrrr is returned then keep the letter unopened with postal marks then that is proof your good faith to send for vod within the 30 days.

The other part of my question is if giving two different addresses is "False or Misleading Practices"? The issue is, one address is on the payment slip and the other is in the heading of the collector's dunning letter. There are no instructions where to send for validation other than "This Office.

Sending the vod to the wrong address could cause a delay in the collector receiving notice of vod within the allotted 30 days thus causing the consumer to be untimely in their vod and allowing the collector to continue their collection activities uninterrupted and denying the consumer their vod.

Understanding that the courts have decided to judge violations at the level of the LSC, that is, would the LSC be deceived, is this a viable claim?

I don't believe 2 addresses is false and misleading. One could be where they accept payments, and the other could be the corporate address. If the addresses are accurate, they can't be false. They wouldn't be misleading, because they're not trying to get you to believe something that's not true. I think the worst it can be is confusing. Granted, they're not specific about where to send a DV, but they're not hiding their addresses either.

If they're reporting on your CR, I'd use that address, if one is provided. If they're not reporting, I'd send a letter to both addresses.

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I'd go with the address on the heading. The green card coming back will show you sent it to THEM at THEIR address. They cannot deny that is their address since they put it prominently on their dunning letter. They did not give an alternate address for legal service.

The address on the payment slip is most likely a separate contracted entity, often a branch of some bank, that processes incoming payments for many clients. Sending there is very likely to be a delay at best, and possibly even lost. Don't waste the CMRRR money on it.

If you want to track down their state business registration to get their filed address for legal service, go ahead. If that one is different, this might justify duplicate CMRRRs (so you have extra evidence that they cannot claim delayed communication).

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I agree that if the addresses supplied are true addresses then they can't be false. On the other hand, providing the consumer with two or more addresses to choose from is Misleading.

It could be seen as a part of the "shock and awe" campaign instituted by some of the more aggressive collectors to keep consumers confused. Plus, mixing 2 or more addresses would be costly for the consumer who thinks they have no choice but to send cmrrr's to each just to make sure they got the right one.

The address on the payment slip is most likely a separate contracted entity, often a branch of some bank, that processes incoming payments for many clients. Sending there is very likely to be a delay at best, and possibly even lost. Don't waste the CMRRR money on it.

If you want to track down their state business registration to get their filed address for legal service, go ahead. If that one is different, this might justify duplicate CMRRRs (so you have extra evidence that they cannot claim delayed communication).

Today 02:48 PM

This is my point exactly. The consumer has only 30 days to reply. First they have to put together a letter. If they do their research and put together a proper vod letter, then this has already eaten away a couple of weeks. The 30 days is for the whole process, not just delivery.

So now two weeks has passed. If the vod goes to the payment center, the whole thing might, as you said, be lost. Most LSC's aren't experience in these things so they wait for the green card. It doesn't come and the Post Office can't find it.

If this thing goes to court the LSC could most likely establish that they performed their good faith but the plan is that the collector shocks and awes the consumer before it gets that far.

This one, simple, speculative violation is not the lonely violation to take to court. You know how it is, if you're going to file a lawsuit, throw all the little dough balls against the wall to see if they will stick. The more violations, the closer to the $1,000 one gets. This one makes sense to me because the collector knows which address they want the consumers to send their vod's to but they won't say.

This all sounds crazy but I know if I were sitting in a collector's break room right now that I'd be hearing these types of underhanded tactics being passed about for all to use.

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I think it proves my point if I need to Google the collector's name to find the correct address.

I just noticed something else. There are two different addresses for the collector on the payment slip, one in the return address corner (upper left) and one in the lower right.

I did not get an envelope for the payment slip. A payment envelope, which normally accompanies a payment slip, would allow a LSC to drop the payment slip into the payment envelope and the windows would naturally select the correct address.

So really, now I have three possible return addresses to send for vod. I think the LSC would be totally confused.

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I'm going with the address in the heading. It's pretty obvious that the two payment addresses, one in the upper left corner and the other in the lower right corner, are meant for a return address and a delivery address for the payment, only.

These two addresses are different box numbers in different states. Boy, who knows where things would go if either of these were used.

I'm going to jot this down in my notes next to this collector for the time I consider suing.

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