Recieved a large unsealed CA envelope w/ contents missing

[vndm778]

Received a large, unsealed envelope in the mail. The adhesive strip on the closure flap appears as though it was never moistened, nor does the letter look like there was ever any attempt to seal it in any fashion whatsoever. Obviously, the contents are missing. It's the type of envelope CA's use to forward a stack of CC statements. I'm trying to figure out who sent it via the minimal info on the envelope. If I can figure out which CA mailed it to me, what do I then do? Thank them for the nice envelope?

[centex]

If you can figure it out, then you contact them and ask them to resubmit whatever was mailed. Your letter to them should be specific about the manner in which the envelope was received (to include the postmark date).

[JunkBuyersWorstNightmare]

If you can figure it out, then you contact them and ask them to resubmit whatever was mailed. Your letter to them should be specific about the manner in which the envelope was received (to include the postmark date).

 

I wouldn't be so quick to let them off quite so easily. This could be leverage.

[AnonymouslyIndebted]

Received a large, unsealed envelope in the mail. The adhesive strip on the closure flap appears as though it was never moistened, nor does the letter look like there was ever any attempt to seal it in any fashion whatsoever. Obviously, the contents are missing. It's the type of envelope CA's use to forward a stack of CC statements. I'm trying to figure out who sent it via the minimal info on the envelope. If I can figure out which CA mailed it to me, what do I then do? Thank them for the nice envelope?

I suggest you contact the company who sent you the envelope and inform them that you have received an unsealed envelope and need them to resend it.

[GEORGE]

Received a large, unsealed envelope in the mail. The adhesive strip on the closure flap appears as though it was never moistened, nor does the letter look like there was ever any attempt to seal it in any fashion whatsoever. Obviously, the contents are missing. It's the type of envelope CA's use to forward a stack of CC statements. I'm trying to figure out who sent it via the minimal info on the envelope. If I can figure out which CA mailed it to me, what do I then do? Thank them for the nice envelope?

Does it have a return address

 

Even just a PO BOX NUMBER and CITY would do to track it back to the sender

[centex]

If you can figure it out, then you contact them and ask them to resubmit whatever was mailed. Your letter to them should be specific about the manner in which the envelope was received (to include the postmark date).

 

I wouldn't be so quick to let them off quite so easily. This could be leverage.

 

The only way it becomes leverage is if you are prepared to waste inordinate amounts of time bringing in postal employees and trying to persuade a court that a subpoena for ALL records of mailings of multiple documents and the deposition of ALL recipients is a judicious use of court resources. Expect to be slapped with sanctions when you cannot defeat a bonafide error defense if anything even COULD link the empty envelope to the sender.

 

OP needs to focus on REAL issues, not attempt to chase red herrings and other shiny objects that otherwise distract from REAL issues.

[fdj]

Received a large, unsealed envelope in the mail. The adhesive strip on the closure flap appears as though it was never moistened, nor does the letter look like there was ever any attempt to seal it in any fashion whatsoever. Obviously, the contents are missing. It's the type of envelope CA's use to forward a stack of CC statements. I'm trying to figure out who sent it via the minimal info on the envelope. If I can figure out which CA mailed it to me, what do I then do? Thank them for the nice envelope?

Since you received it empty, how do you know it had anything in it to begin with or that it is even from a CA?

[vndm778]

OK. I did some digging. Think I figured out who the sender is by the postmark's zipcode. Horsham, PA---has to be N CO. They are not a fun bunch. They're the second CA on one of my Amex accts. (The first never validated and left 28 voicemails on my cell phone after receipt of my timely DV/LC&D. They started blocking their number after receipt, but never stopped calling. Yes, I recorded 'em to tape and logged them.)

 

What is NC O up to???? Honest mistake or nasty trick that's going to bite my caboose?

 

BTW, if it matters, DOFD is about a year ago, 1.5K, Amex still owns the debt from what i can tell.

[fdj]

I still say you proceed as though you don't know who it's from...since you really don't.

 

Think about how it will go down if you contact NCO...

 

*hint* They're not going to say "oh, ok, we'll resend that right away!"

[JunkBuyersWorstNightmare]

If you can figure it out, then you contact them and ask them to resubmit whatever was mailed. Your letter to them should be specific about the manner in which the envelope was received (to include the postmark date).

 

I wouldn't be so quick to let them off quite so easily. This could be leverage.

 

The only way it becomes leverage is if you are prepared to waste inordinate amounts of time bringing in postal employees and trying to persuade a court that a subpoena for ALL records of mailings of multiple documents and the deposition of ALL recipients is a judicious use of court resources. Expect to be slapped with sanctions when you cannot defeat a bonafide error defense if anything even COULD link the empty envelope to the sender.

 

OP needs to focus on REAL issues, not attempt to chase red herrings and other shiny objects that otherwise distract from REAL issues.

 

 

Isn't the fact that the CA obviously mailed the envelope unsealed germane?

[jtoast]

Bona Fide error

[JunkBuyersWorstNightmare]

Bona Fide error

 

Even though the contents are laying in some postal facility someplace? Or possibly even on the sidewalk?

 

Sounds like negligence that led to third-party disclosure to me.

[GEORGE]

THERE IS A DAMAGED/LOST MAIL CENTER OF THE USPS

 

Saw a program about it on TV

 

(not that they actually have the missing papers)

[jtoast]

Bona Fide error

 

Even though the contents are laying in some postal facility someplace? Or possibly even on the sidewalk?

 

Sounds like negligence that led to third-party disclosure to me.

 

potato, potahto. It's your word against theirs. For a $1,000 violation is it really worth the time or hassel in court?

Edited February 10, 2010 by jtoast

[sonicanatidae]

They obviously use a machine to stuff/seal the envelopes.

 

The only practical way to view this as their error would be a

weak/non-existent QC mechanism in place to verify the envelopes

containing credit information about their "clients" are

 

A: Sealed

 

and

 

B: Stuffed with the correct person's info.

 

That sounds like one hell of a complicated mess to prove, assuming

you get that far. I'm not a lawyer, but to a layman, that sounds "difficult" at best.

 

 

In practice, I tend to believe Centex has the right of it:

The only way it becomes leverage is if you are prepared to waste inordinate amounts of time bringing in postal employees and trying to persuade a court that a subpoena for ALL records of mailings of multiple documents and the deposition of ALL recipients is a judicious use of court resources. Expect to be slapped with sanctions when you cannot defeat a bonafide error defense if anything even COULD link the empty envelope to the sender.

[Dolemite_73]

Bona Fide error

 

Even though the contents are laying in some postal facility someplace? Or possibly even on the sidewalk?

 

Sounds like negligence that led to third-party disclosure to me.

Bingo.

[fdj]

Bona Fide error

 

Even though the contents are laying in some postal facility someplace? Or possibly even on the sidewalk?

 

Sounds like negligence that led to third-party disclosure to me.

Bingo.

Short of someone a) bothering to try to locate you, actually succeeding in locating you, and c) be willing to get involved in a court case they have no vested interest in, how would you prove any of this?

[vndm778]

While we decide whether this is a bona fide error or something more, what should I do? Ignore it and see what happens or something more proactive? I have no clue.

[fdj]

While we decide whether this is a bona fide error or something more, what should I do? Ignore it and see what happens or something more proactive? I have no clue.

 

We've given you a variety of things to consider. What more info do you need? Are you asking us to decide for you?

[vndm778]

No. It seemed that I should contact them and ask them to resend it, but fdj noted that that they're not going to say, "Oh, okay. We'll resend that right away!". That sounds like a warning to me, but I'm too new at this to know why. Sorry. I don't mean to be irritating.

[centex]

If you can figure it out, then you contact them and ask them to resubmit whatever was mailed. Your letter to them should be specific about the manner in which the envelope was received (to include the postmark date).

 

I wouldn't be so quick to let them off quite so easily. This could be leverage.

 

The only way it becomes leverage is if you are prepared to waste inordinate amounts of time bringing in postal employees and trying to persuade a court that a subpoena for ALL records of mailings of multiple documents and the deposition of ALL recipients is a judicious use of court resources. Expect to be slapped with sanctions when you cannot defeat a bonafide error defense if anything even COULD link the empty envelope to the sender.

 

OP needs to focus on REAL issues, not attempt to chase red herrings and other shiny objects that otherwise distract from REAL issues.

 

 

Isn't the fact that the CA obviously mailed the envelope unsealed germane?

 

Absent DNA testing, how would you propose proving up that it was mailed "unsealed." I can tell you without reservation that we have had stuff sent from our office that the adhesive did not set properly...when it left our door to be taken to the drop box, it was sealed, but by the time it got to the recipient, it was wide open. This occurs most frequently with larger or overstuffed envelopes...

[centex]

No. It seemed that I should contact them and ask them to resend it, but fdj noted that that they're not going to say, "Oh, okay. We'll resend that right away!". That sounds like a warning to me, but I'm too new at this to know why. Sorry. I don't mean to be irritating.

 

some people underestimate how the real world functions...

[fdj]

No. It seemed that I should contact them and ask them to resend it, but fdj noted that that they're not going to say, "Oh, okay. We'll resend that right away!". That sounds like a warning to me, but I'm too new at this to know why. Sorry. I don't mean to be irritating.

I wasn't warning. Just saying they're probably going to say "hey, we sent it once, screw you".

 

If you do contact them, I would call (not write) and record the call. Having them on the phone will allow you to make a direct request and get a direct response. Just stick to your guns when they try to start getting you to pay "your debt" and tell them you're not making any decisions re: payment until you have validation.

[Bobbydebt]

I would write a letter letting them know that you received an open/empty envelope from them, and that you request the information be resent. All you can do is ask, no one here can KNOW how the CA will respond. Some will act as fdj predicted, and some will resend you the information. Be detailed in your response to them and let them know that the debt is still disputed, since validation has not been received.

 

You need to decide what to do.

 

The longer this goes without your response, IMO, the more suspicious YOU become in this matter.

[Bobbydebt]

No. It seemed that I should contact them and ask them to resend it, but fdj noted that that they're not going to say, "Oh, okay. We'll resend that right away!". That sounds like a warning to me, but I'm too new at this to know why. Sorry. I don't mean to be irritating.

I wasn't warning. Just saying they're probably going to say "hey, we sent it once, screw you".

 

If you do contact them, I would call (not write) and record the call. Having them on the phone will allow you to make a direct request and get a direct response. Just stick to your guns when they try to start getting you to pay "your debt" and tell them you're not making any decisions re: payment until you have validation.

 

They say that when they never send anything, so thats probably the most likely response.

 

If you can record, then I would call (as fdj said above)....... Didnt know you were in a 1 party state in my earlier post.