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inital communication, wrong address and the FDCPA...a story and request for info.


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okay so I'm going through my paperwork and getting all my dates in a row and ever since this started had wondered why my DV didnt work. I have a great one that has shut down every single thing ever sent my way. anyway, I was going through the dates and I just realized something. I'm just now starting to research it but if you have any info on it please let me know.

Info is below.

We had sold our house and were moving to new place. We moved into our new house on 5/12/2011 and we a change of address form in.

initial contact letter from collector was sent 5/23/2011 to wrongly addressed old address. And not just wrongly addressed but actually wrong as if it were an apartment wrong. My old address was 999 mockingbird lane and they sent it to 999 mockingbird lane 753 which delayed it being delivered to the new owners. For some reason it wasn't caught by the change of address form...probably by the "753".

I was notified by new owners on 6/25/2011 there was mail at the house which also finally contained collection letter.

The Plaintiff Files lawsuit on 6/23/2011 exactly 30 days from date on the initial contact letter and 2 days before I actually receive the letter.

On 6/29/2011 I sent my DV referencing account and letter received

on 7/4/2011 they send back their "validation" with a letter that does not mention the lawsuit they filed and says their obligation is complete and full payment is expected immediately. "call the office and let us know what you're going to do"

I didn't hear anything else and figured it was another win for my DV.

However I got served my papers about the lawsuit in January at my new address and the address on the summons was again my old address but now mysteriously the "753" was no longer attached.

I'm a good researcher and know there is info about "wrong address", initial communication and the FDCPA but I've just started so if you can lend a hand and post any links to info I'd surely appreciate it.

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I can see them arguing that it was the fault of the post office, not them, since the letter sent indeed contained your correct name and full address. The additional "753" would be superfluous and should not affect delivery, evidenced by the fact that indeed the post office eventually delivered the letter to the original correct address, albeit late. They might also throw in that under the original cardholder agreement, (assume this is a CC debt) you had an obligation to keep the OC informed of any address change. Might not fly, but that may be what you have to counter.

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