Case Law: If it was mailed by CA...

Discussion in 'Credit Talk' started by rblues, Aug 14, 2002.

  1. rblues

    rblues Well-Known Member

    Is there case law surrounding initial notification letters from a CA? If they say they sent you an initial notification letter, is this enough to stand up in a court of law as notice?

    I never got an initial letter. I have proof that I wasn't at the address they sent it to (it was an obsolete address I haven't lived at for five years) and they claim that since I didn't receive it, I don't have a right to validation.

    Please help :)
     
  2. picantel

    picantel Well-Known Member

    Heh I need to know the same thing. I already filed against a CA who claims they sent letter I never received. I want some case law that proves they cannot just claim it.
     
  3. neosmatrix

    neosmatrix Well-Known Member

    its really up to the judge or magistrate hearing the case... I dont believe there is any case law that specificaly states one way or the other
     
  4. picantel

    picantel Well-Known Member

    hey neo what ever happened with your lawsuit. did the judge finally make his decision?
     
  5. neosmatrix

    neosmatrix Well-Known Member

    UCB caved when i sent a copy of the lawsuit i was gonna file and the negative tradeline was deleted with 24 hours of me pulling my reports..

    AllianceOne another CA in which i sued the judge has not sent his decision to me yet. court states it could be 4-6 weeks till decision is made...
     
  6. rblues

    rblues Well-Known Member

    Very interesting neomatrix...it's up to the judge.

    It's about time for some Creditnetter to make some case law like Spears V. Brennan regarding this. It needs to be cut and dry.

    This organization didn't make an attempt to even TRY to find me. Shouldn't they at least make the effort?
     
  7. lbrown59

    lbrown59 Well-Known Member

    LB 59
    Think about that claim - dose it make sense?

    they claim that since I didn't receive it, I don't have a right to validation.
    rblues


     
  8. rblues

    rblues Well-Known Member

    Sorry, I guess I could've worded that better.

    Essentially, what I mean is that they state that it doesn't matter if I received the letter or not. The fact that THEY mailed it off from their office covers their ass regarding the initial notice.

    They say that they don't have to prove that I received the letter, and that just mailing it off to me was sufficient notification.
     
  9. picantel

    picantel Well-Known Member

    I filed friday neo and when I looked online I noticed they have not sent the green slip back. Once it shows online I will knwo they have it. they promised me they would resend(haha) a statement july 28 but it has not gotten here yet. they said it would take 2 weeks. I sued the president and the company but someone said I should leave the pres alone because he cannot be held responsible. At the least I will make him come to mediation and then consider dropping him. I am tired of them treating me like crap.
     

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