CA refused Certified letter!

I saw a good idea on a prior CN post . . . the sender put "Payment Enclosed" on the outside of the envelope and, of course, it was accepted.

 

Assuming the CA will go into court as a defendant for violating a Ceace-Comm or validation demand that your letter contained claiming "we did not know...." you should be able to counter with the following argument:

1. It is norman business practice for a business to accept its incoming mail. Therefore refusing to accept mail was a reckless disregard of normal business practivces and a willful attempt to avoid knowledge and culpability for the contents of the refunsed letter.

2: Willful blindness has been rejected as a defense in several Circuits and has been affirmed by the US Supreme Court by refusing Cetrtiorari on several occasions (United States v. Bussey, 942 F2d 1241; United States v. Fingado, 934 F2d 1163; United States v. Jewell, 532 F2d 697, and many others).

Said the Court in Jewell, "The substantitive justification for the rule is that deliberate ignorance and positive knowledge are equally culpable."

 

1*I sent off a certified letter, return receipt requested, to one of those "Attorney/Collector" types. Three days later, I got it BACK.
2*Just how stupid ARE these people?
3*I'm thinking that now, I'll send a C&D letter, in a full size mailer that's at least 3/4" thick with a "Delivery Confirmation" on it. (I'm told by Post Office that it has to be that thick to qualify for Delivery Confirmation)
4*It seems to me, that if it comes to court, they gave me the BEST piece of evidence by refusing to accept that certified letter.
5*Thoughts?
Fluxtup
##########################3
1*That's great,Makes it better and easier for you and shows wilful noncompliance on the CAs part.
2*Don't complainne- Just take asvantage of it,
3*Don't send C&D unless you're triying to encourage them to sue you'
30 days after you're getting it back send this by CRRR.
Estoppel Letter
DON'T CHANGE
Send CRRR

Your Name
Address
«City», «State» «Zip»

Company»
Address
«City», «State» «Zip»

«Date»

RE: Dispute Letter of <insert date>

Dear Sir/Madame:

As I have not heard back from you in over 30 days regarding my notice of dispute dated <insert date>, and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:


Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

What is your authorization of law for your collection of information?

What is your authorization of law for your collection of this alleged debt?

Please evidence your authorization to do business or operate in the state of ____________________ .

Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.


You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $____________ in damages for the following:


Defamation

Negligent Enablement of Identity Fraud

Violation of the Fair Credit Reporting Act

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

Sincerely,
Your Name DON'T SIGN

 

4*It seems to me, that if it comes to court, they gave me the BEST piece of evidence by refusing to accept that certified letter.
5*Thoughts?
Fluxtup
$$$$$$$$$$$$$$$$$$$$$$
4*Exactly;that's why you don't tamper with it or open it!
5*


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I have had the same problem and what I did was call them and say OK, I would like to take care of this debt and I will send you XXX amount of dollars by registered mail, no check by phone, no Western union, no money gram, this is the only way I will settle this account. They don't want to do it but they will if you hold your ground. Then put SETTLEMENT ENCLOSED on envelope. Works every time for me. What you have is Gold in your hands. Do not open the letter you got back and when they call again tell them to take you to court, they never will but they will keep calling. The other way gets rid of them.

 

Don't bother with the 3/4" thick crap...WTF is the PO clerk thinking...just mail it priority with DC and it's good...there is no thickness requirement.

Good Luck.

 

>>>3*Don't send C&D unless you're triying to encourage them to sue you'<<<
1*How does that encourage them to sue me?

30 days after you're getting it back send this by CRRR.

Dear Sir/Madame:
As I have not heard back from you in over 30 days regarding my notice of dispute <<<
2*But I didn't send them a "notice of dispute," I sent them a C&D. It seems to me that I should not misrepresent what the contents of the letter actually are. I have not opened it, since I know what I put in there. I thought I'd save that for the judge, should it get to that point.
Fluxtup
===========
1*Because that is the only choice you give then if they wish to collect.
2*Why did you do that instead of sending the Val,L.?


THE END ** *** ** LB 59
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