CA Won't Pick Up Dispute Letter

Discussion in 'Credit Talk' started by allbunni, Feb 6, 2008.

  1. allbunni

    allbunni Member

    Hi,

    This is business related however I am sure that there are laws that cover this situation. I posted earlier in here last month about a bill from a CA that I know nothing about. I finally received that bill and sent a letter of dispute certified and proof of disability and the 12 year old address they been sending bills from Superpages.com.

    I went to check on why they haven't pick up my letter. I first check on line the status and it is still sitting in the P.O. box for a week now. I find they have me sending information to the corporate office but they are located in Las Vegas. I call back the corporate office to find out why it hasn't been picked up. She says that it should have been but doesn't know.

    Oh, first I talked to CA in Las Vegas because they are ready to put in on my report. I told her I sent the certified letter of dispute as she told me and to the address she told and she replied back that they don't receive letters there. She also said that I couldn't dispute anything. Then she said that I needed to fax her he information and call her back with the fax number to send back the so-called contract (there isn't one because I didn't sign anything) and other information I requested. I was thinking that is strange because it will have the fax number on the machine and fax itself. I don't have to call her to tell her to fax back to it. I already told her I would have to go out to fax this and I wasn't waiting in line for them to fax back as I can't stand up long at all and I wasn't waiting all day for a fax from her.

    I talked back to corporate gave me another name and he couldn't explain why the letter wasn't pickup either but to fax her a copy of the dispute letter and copy of my receipt for certified mail and talk back with her.

    I have this feeling anything I do they are going to say they didn't receive it or have me keep doing something else. Isn't sending a certified letter of dispute written proof. Why would I have to fax? I feel like doing nothing. I did my part. I have proof of that. What do you guys think?

    Thank you for your help again. I really do appreciate it.

    Bunni
    credit score 781
     
  2. bizwiz41

    bizwiz41 Well-Known Member

    First, make sure to make copious notes of your telephone conversation for your records.

    Next, to cover yourself, print out the internet screens of the mailing status, i.e. "delivered, not picked up", etc.

    You have covered yourself by sending your dispute, and further by informing them of sending the letter. If they choose not to pick up, that is their option, but they cannot continue any further "collection activity".

    Most likely they would argue that this is a business matter, and that the FDCPA does not apply, but I would argue that they are making this a personal issue since you have not had the business for over twelve years.
     
  3. allbunni

    allbunni Member

    Thank you for your help. I have already make copies of notes of the telephone conversations. I did already print out the Internet screen.

    I wanted to let you know that after talking to them on Wednesday, they went ahead and picked up my letter. It has been delivered and I have printed that statement off the Internet but should also received back my certification noticed signed.

    I don't know what they will do with this information. However, it does prove everything I told them. It is possible they may want proof that I was disabled in 2007, as I sent them SSD from 1996 (with SSN block out) which had my old address on it. That is no problem if she goes there. I already have that information to send to her.

    Thank you again for your help.

    Bunni
     
  4. apexcrsrv

    apexcrsrv Well-Known Member

    Just a question but, why are you invoking the FDCPA in relationship to a business matter. It doesn't apply.

    Your time would be better served writing to your state attorney general for UDAP violations.
     
  5. bizwiz41

    bizwiz41 Well-Known Member

    The "argument" could be claimed that since the OP did not have the business when this happened, that the CA was negligent is going after a consumer, hence the FDCPA could apply. He did tell them there was no business, so the CA would be the "bound" to verify the business existence.
     

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