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What do you do when a CA refuses to accept certified mail ??


tantan1968
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I am writing this for my cousin who lives in West Virginia. Recently she had received a letter from a CA in regards to a charged off credit card account. Since she doesn't have internet access I told her to send them a DV letter to this place by certified mail ( CMRRR ). However according to her in the letter that she had received the collection agency said that they will NOT accept such letters and that the only way to contact them is by phone, email, fax or just plan old fashioned regular mail.  I never heard of such a thing myself. What should she do ??  Send it certified anyway ??

 

..oh in the same letter the collection agency mentioned that money orders wouldn't be accepted either only check or bank draft. That alone sounds fishy to me.

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I'd suggest sending the DV letter anyway, CMRRR.  If they refuse delivery, the post office will document that they tried to deliver the letter.  Just as good.

 

And...yes...it does send fishy.

 

Your cousin might check to see if there is a www.naca.net consumer lawyer in the area that will discuss this.  I'm not a lawyer, but their letter sounds like "overshadowing" to me.

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She doesn't have to have RR to have the letter tracked.  You can now send a letter certified mail with a delivery confirmation that she can get on line that will show when it was delivered and received which will be just as sufficient for a court if needed.  

 

I agree this is REALLY fishy that they are limiting communication efforts to those ways in which they can lie unrestricted to the consumers with absolutely NO proof.  I would stay off the phone with them.  If for some reason she did talk to them she needs to record the call.

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The legal term for this is "willful ignorance" and judges to not look too kindly to this when it can be proven.

 

What you do is send the letter CMRRR anyways whether they say they will accept it or not. If they refuse to accept the letter, it will be returned to you and the postal service will say whether they refused to accept it or did not pick it up. If you do get the letter back that way, you put set aside the envelope, unopened, with the card and the postal notes. You then consider the letter delivered.

When they violate (and they will based on what you have said), you can then file a case for violation of the FDCPA stating that they violated a C&D or DV letter. When they claim they never received such letter, you had the envelope, unopened, to the judge to let the judge open envelope and read the letter along with the postal service notes. You can even state you have such information in discover and even say that the envelope is now sealed and will only be opened by a judge at this point.

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I always advised sending certified mail return receipt requested, regular first class mail and I would also fax a copy or email a copy if I had the number/email address. I know that probably sounds like overkill but when you are dealing with people/companies that routinely lie I consider it cheep insurance - I doubt seriously that a CA could claim they "didn't get the letter" under those circumstances or that any court would believe them if they tried.

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Here's a tactic I found on a divorce website that concerns CM refusals. You send the DV via CMRR anyway with a copy via regular mail. You note this in the letter headers along with the CM tracking number to make it very hard to claim that what was in the envelope was not what you claimed you sent. If the CM is refused then do what WhoCares1000 says. Same goes for the regular mail DV if they return it unopened. If they do accept the regular mail DV, then you still have some proof that they got it from the rejected CM DV original as it will show that you sent it both ways. Always be sure to keep copies of everything you send.

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Thanks for the suggestions.  I have since made a printed copy of this thread and mailed it to her since she does not have internet access again BIG thanks.  Now in the event of any violations unfortunately she will not sue under any circumstance because she believes that suing is a "sin". That is just how she is.

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