I have a bill with Qwest Communications taht I have disputed with Qwest Certified mail RRR and I have the reeipt. They sent it to a CA and I sent the CA a Cease All Contact and Dispute Letter Certified Mail RRR. The CA refused to accept the letter and the Post Office returned it to me unopened. Meanwhile the CA calls every other day demanding payment and telling me they have no record of a dispute (I wonder why....). Ok, now what? Do I just sue them every time they call me? I have notes of every call made after I sent the Cease All Contact letter that they refused.
They don't like it when the pressure is on, do they? How about faxing it to them? Make sure you get a confirmation that the fax went through. Go get 'em!
Re: CA refused to sign for Cert Let Correct me if I'm wrong, but I'm under the impression that no matter what state you're in, and no matter what state the other party is in, you can start a phone conversation with "This phone call is being recorded for my records" and therefor have notified them, and both parties are "consenting" if the call continues after that point. There are no states in the US that prevent both parties from agreeing to a recorded call. Call up your credit card company, and before you get to a live person you hear the recorded message that this conversation may be taped. So if they're harassing you with daily phone calls, let them know you're taping them, and see how quickly they decide to stop calling you. You don't really even have to be taping the calls. I haven't found a CA yet that will talk knowing that you're recording the conversation. I'd rather just do that than do a C&D, since they choose to cease anything further, and definitly won't be threatening suit. Just my $.02 Chris B
Ok, now what? Do I do? Flyingifr ================= Here is what you don't do. Send it using another method-FedEx or UPS. A little more expensive, but it may get the job done. The question is what JOB? =========================== 1*Do this Hold on to that letter, and don't open it tamper with it, etc., in any way. It is evidence. Why turn the evidence you have against them over to them through FedEx or UPS? 2*Proceed The same way you would had they accepted your letter. Give them the balance of their 30 days to furnish validation. If they don't then send the 15 day estoppel letter. Be not flustered over their refusing your letter as actually it's a blessing in disguise and is almost as good or better than had they signed for it.
That refused and returned letter is all I would need to sue them! Have the post office verify if you can in writing that they tried to deliver but it was refused. Also see if you can verify with the post office in writing that they are accepting mail at this address. Even without all that, it is very easy to prove they are not complying with the FDCPA. See if they refuse the in person contact they are going to receive when the process server throws the summons at their feet and considers them served. Let them refuse that letter then!!! Gotta love those default judgements! Go gett'em! Tac
CA refused to sign for Cert Letter QUEEN_BEE | 2025 posts since Oct 2001 12.39.43.2 | 03.04.2003 @ 10:23 Send it using another method-Fedex or UPS. O) :O) :O) :O) :O) :O) :O) :O) :O) :O) :O) :O) CA refused to sign for Cert Letter LD | 91 posts since Jan 2003 162.130.1.254 | 03.04.2003 @ 10:32 How about faxing it to them? Make sure you get a confirmation that the fax went through. ========================== BAD ADVICE The END ************************* LB 59
If you have proof that they refused to accept your certified you can do another methos which has been mentioned here several times which is a delivery confirmation receipt. They don't sign for it but the postman certifies that he delivered it. That should be just about as good if you have already had your certified letter refused. I don't know for sure but I presume they never know it was certifed by postman delivery. Of course, there could be some kind of tag put on the letter to identify it. I don't know about that.
There is another strange twist as well to service of summons. Service of summons by email can be effected provided one has permission of the judge. This can be done if one can prove to the judge that there is simply no other way to get the job done.
Here's a little trick I use, On the outside of the envelope addresses to CA I write PAYMENT ENCLOSED. Hasn't left me down yet They fall for it every time. Hopes this helps.
Re: Re: CA refused to sign for Cert Letter Since I don't have a clear cut path to victory in Court and I have to sue in a Court over 100 miles away and the CA has never contacted me again, I let the issue drop.
