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lucyricardo

Collection Agency "Refused" Certified Mail Debt Validation Request

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I sent a collection agency a DV request after they "verified" with the bureaus. It's a bill from over 5 years ago for a service business who took care of our pets though we had a disagreement on their bill and she sent it to a CA. The company is no longer in business. Not sure what to do as they "Refused" the certified mail and never opened it. Would scanning the envelope and sending as an attachment to the bureaus help? Thanks!

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Send letters to the bureaus requesting their method of verification of the debt along with a copy of the letter and the CA refusal to accept the DV/CMRR.  

 

You can also file a complaint with the CFPB.

 

Also wanted to add they have no contract or anything from us in writing. Just the bill from the owner of the company.

 

There does not have to be a contract in writing for the debt to be valid.  The bill from the owner is sufficient.  

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I agree with @Clydesmom on the MOV.  Ask the CRAs to send you the method they used to verify and for the name and address of the person who verified the TL to them.

 

If the TL remains on your reports 30 days after they signed the green card for your MOV letter (they are supposed to respond to MOV in 15 days, but I give them 30 to update my reports), then I would file suit against the CRA for the FCRA violations.

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@bassplayr "File suit" is a generic term.  It includes everything you listed that you would be "before suing".  Filing suit can mean small claims, state court or federal court. It includes steps to take before filing and serving a complaint and summons, like an ITS.

 

Arbitration is likely the best option, especially depending on which CRA is being dealt with.  You can get a CRA to remove a TL rather quickly if you file arbitration and let them know all you want is the erronious item removed.

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Don't know if it was mentioned, but there is a law called "WILLFUL BLINDNESS" that they violate by not taking it.

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@fisthardcheese

 

I agree with @bassplayr about the term "file suit".  If a JDB sent a consumer a letter threatening to "file suit" on a time-barred debt, it would be considered an FDCPA violation.  Courts would not take into consideration the steps the JDB would or could take before filing suit.

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Willful Blindness has implications in the civil realm too.

In this case, if someone sends a CMRRR letter to another and the letter is returned as refused, then the sender should not open or otherwise tamper with anything on the envelope or letter. When the action the other party is warned about occurs, the sender then can file suit and when the defendant claims they did not know, the sender then can hand the judge the unopened letter with the green card still attached and the note that it was refused for the judge to open and review.

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Perhaps it's the wrong mailing address?  Maybe it's not at that address anymore?

 

(This could explain why your letter was returned unsigned.)

 

Method of Verification (MOV) is the right move (no pun intended).

 

FCRA 611(a)(6)(B )(iii)

(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;
 

FCRA 611(a)(7)

(7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B )(iii) by not later than 15 days after receiving a request from the consumer for that description.

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@fisthardcheese

 

I agree with @bassplayr about the term "file suit".  If a JDB sent a consumer a letter threatening to "file suit" on a time-barred debt, it would be considered an FDCPA violation.  Courts would not take into consideration the steps the JDB would or could take before filing suit.

 

Consumers are not bound by the FDCPA or other laws like a JDB.

 

@bassplayr was saying that first evidence must be collected and a solid violation must occur.  I was, and still am, saying that if my initial scenario plays out the way I described it above, then a violation would have occured and a suit may be filed.  Obviously one can not walk into a federal court empty handed and say "I'm here to file a suit".  A complaint would need to be typed up, which would at minimum outline the violations and include case law.  If a member does not have enough information to type a complaint, then they are unable to file a suit.  Therefore, I disagree that one must tip toe around the term "file suit". 

 

Saying one may "file suit" also can involve having a consumer attorney file suit on their behalf.  This is why I said it was a generic term.  If I say I sued a CA, that does not tell you much at all.  The level of court, whether I was pro-se or represented and what evidence and case laws were used are all missing from me saying "I filed suit".   Obviously most people who come here are new at all of this, but if someone says "file suit" and you have no experience with that, you are not going to get up from the computer and go directly to the nearest court house to "file suit".  You would start off with a google search, a call to a lawyer or simply ask on this site how to do that.

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