Question about CA using OC's name?

Discussion in 'Credit Talk' started by jam237, May 27, 2003.

  1. jam237

    jam237 Well-Known Member

    I received a letter from a CA. They had listed an address for them, as well as an address which was perported to be an address for the OC.

    When I sent my VD letter, I sent a copy to each address since the letter did not say which I had to write for the dispute.

    Anyhow, when I got the green cards back for all three letters (one for each of the PO BOXES on the letter, and one for the address of the CA as registered with the BBB), all three were signed by the same person.

    It would appear to me that their use of the OC's name as being the owner of the one addresses would be a violation of FDCPA - § 807 (14), but I'm not sure if this is one of the exceptions to the rule.

    Thanks
     
  2. lbrown59

    lbrown59 Well-Known Member

    bump

    THE END ** *** ** LB 59
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  3. jam237

    jam237 Well-Known Member

    Thanks for the bump... ;) I was tempted to do that earlier this morning... ;)
     
  4. jlynn

    jlynn Well-Known Member

    Well, I'll see if I can get anyone else thinking:

    (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

    Could it be that the OC has set up this PO Box for the receipt of delinquent payments being handled by this CA so that they can calculate their commission (assuming its an asignee)?

    I think it might be questionable since they properly identified themselves in the communication.
     
  5. jam237

    jam237 Well-Known Member

    Well,

    The perplexing question is that at the top they had

    XYZ CA
    P0 BOX XXX
    BLAH, BL XXXXX

    Later they included the address

    OC INC
    PO BOX YYY
    BLAH, BL YYYYY

    Now, if you are to send payments to XYZ CA in OC INC's name, wouldn't XYZ CA be committing forgery by cashing the checks sent to the mail box they're collecting mail at... ;)

    Also, would the OC who set the mail system up as you suggested, give the green card to the person at the CA the day before the CA receives their own green cards?
     
  6. jlynn

    jlynn Well-Known Member

    Re: Re: Question about CA using OC's name?


    Only if they cashed them. If they booked them and forwarded the checks for cashing on - no.

    Ya lost me on this one.
     

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