sent out letters to nco about 2 weeks ago and just got back the letters from the post office saying they were refused. what should i do now? i was going to make copies of the envelopes and send them to the cra's with a letter, but what should i say in the letter? thanks
What I would do now depends on what was in those letters. If it was a dispute letter to a CRA I would file suit immediately for violation of FCRA dispute provisions. If it was an ITS letter, I would file suit immediately. If it was a Cease-Comm letter I would put a notebook beside my telephone and log every call from them. At the 3rd call I would send an ITS letter demanding $3000 ($1000 per violation of the C & D letter). Send it CMRRR and if it comes back, sue immediately. If it was a validation letter I would wait 30 days and log all collection attempts in those 30 days then file suit for FDCPA violations. Skip the ITS letter in this instance. Here's the principle of law: "deliberate ignorance and positive knowledge are eqally culpable" (U.S. v. Jewell 532 F2d 679, 9th Cir cert denied 426 US 951 (1976)). What that means is this: The CA cannot claim to hide behind "we didn't know" if they deliberately tried NOT to know. A CA by its nature will recieve important mail, often Cease-Comm or Validation letters, by CMRRR. By not exercising the ordinary business practice of accepting and opening their mail, they gave up the "we didn't know" defense to your suit for that they SHOULD HAVE known but deliberately AVOIDED knowing. While it is true that the CA had no way of knowing hwat was in YOUR CMRRR envelope to them, I would argue that, had they exercised the accepted business practice of accepting and opening their mail, they would have, and let THEM argue taht they need not accept and open their own mail.
