If I have the fax number of a CA, can I just fax the validation to them or does it always have to be sent certified mail? Thanks.
I fax some of my validations. I save the fax transmission sheets for proof, although I haven't had to go to court YET. Plus this way it says how many pages were faxed. When you do CRRR, the court has NO CLUE what you put in the envelope, or how many pages were sent.
I should also mention that I have only used this when the debt is older than the "30 day period". I have faxed 3 CA's and I have received NOTHING from them, my 30 days is coming soon (about a week). One of them was already paid, I'm just trying for a deletion. I say why not, no different than CRRR, if the court doesn't admit one they can't admit the other. Who's to say you aren't faxing/mailing "Just a note to say Hi".
You can't prove that you didn't send a recipe for SPAGHETTI by FAX... But CERTIFIED R/R...you can't prove you didn't send a recipe for SPAGHETTI, either... YOU WOULD HAVE TO HAVE A WITNESS AND A NOTARY AT THE POST OFFICE TO PROVE ANYTHING...(THE EMPLOYEE AT THE POST OFFICE WOULD HAVE TO PUT THE LETTER IN THE ENVELOPE AND SEAL IT)...
I have been wondering about this. I once sent a letter, CRRR about a very important debt. They told me that the envelope did not contain what I said it contained, and that there was no way to prove it. Pardon me for sounding dumb, but I have not faxed anything for a couple of years....Does the "receipt" print out on a separate page? Or on the cover letter? Either way, I guess George is correct. The only thing I can think of that can be proven for sure is...email. I may try the fax method, though. It is cheaper than the CRRR.
I have MY fax set up so it prints out ON the transmission sheet, the cover letter I sent. So I put on the cover letter, my name address, how many pages sent including cover, acct. # (if any) and what I am requesting. PERSONALLY, I like faxing better, it's faster, cheaper and you don't have to sit around and wait for the green card to come back, and the CA CAN"T refuse the fax!! Plus if it's long distance you'll have the phone bill AND the transmission sheet!
In regards to the letter wanting id verification from Equifax, I faxed and emailed my resubmitted disputes this morning. It has been 21 days since the original disputes were sent.
I was talking to my husband about this and he was wondering if they could claim they never received the fax because it didn't print, or maybe by saying that someone threw it away and it was never read. He thought having a signature might be better. I am thinking that most of these things never make it to court, so you maybe it would not matter. I am interestd in not spending $4 per letter. I have many to send!
Yeah, I was thinking that they could just never pick up the CRRR and then what? Is it the same situation as if they signed for the letter but never responded? I guess it really depends what kind of ball these CAs want to play. I guess that if it's faxed or sent CRRR, they can claim whatever they want. I just hope that I don't run into that because I am starting my credit journey today.
You can also try eFax. It's $10.00 per month for 200 pages. This is the cool part, you can fax directly from any email enabled computer. You can cobble up your validations in Word and send directly to a fax machine, no long distance charges. You are also given an inbound number so you can recieve faxes. You are sent an email when they recieve the fax. This is better then some cryptic fax transmittal form which can be iffy at best. No busy signals. I too hate trundling down to the post office waiting in line and then paying $3.77 per letter, then waiting 7 to ten days for the green cards. I think you can proabably trim a month out of the whole process using the fax. Also if you do show up in court you don't look like such a smarty pants to the judge whipping out your offical looking green cards. But that's my opinion. The only drawback is finding the actual fax numbers for all the creditor/CAs.
I would still try to send it CRR. IF it ever was taken to court, at least having a name/signature would probably carry more weight than something that was generated by a print cartridge in a fax machine. Even though there's a time/date stamp on that fax log, it's easier for someone to make that than make up a name and signature at the CRR recipients name...even though you may have sent a spaghetti recipe. I just think it's better to be proactive instead of reactive.
Well in a discussion on another thread, there was an interesting dialog about the opposite. It is when a CA sends you a correspondance regular mail. The long and short of it was that in the appelate case we were discussing, the bench used the Common Law Mailbox Rule. This states that for this particular part of the FDCPA, the sender only had to send the mail, the law did'nt specify if someone actually had to recieve it for the law to be still be valid. Well if it's true for CA sending mail to you, I'm sure we can interpet the law the same in reverse. Are we really all that concerned that the addressee actually got the letter in hand and signed for it? We hope they lose or misplace it so when it comes demand time their a*s is really hanging out in the wind. I think a well detailed fax transmittal form showing the pages sent, station id and time would hold up in court nicely. The spaghetti recipe example could present a problem in court also. All you have is a certified envelope. And have you seen those signatures on the CRRRs, chicken scratch would be being too kind.
I think you have made an excellent point. If they can send letters using regular postage, why do we have to pay extra to send our letters to them. They can just as easily sign a fake name and put the letter in the trash. If it goes to court, who will take the time to try and track down who signed what when?