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odjohnson3

CA won't accept CMRR

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I wrote a 623 letter demanding an investigation to the collection agency and sent it CMRR

Problem is they won't accept it, can someone advise me as to what I should do next?

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Don't do anything until you learn more. 623 letter is sent to an OC, not to a CA.

 

A 623 can be sent to any "data furnisher". It's often associated with OCs because the other methods of debt validation requests / 1-2 punches to clear up negative TL are generally spineless vs OCs.

 

If the CA won't accept CMRR, you should photocopy the returned piece of mail and the USPS log indicating that delivery was attempted and refused (I do mine online, so a printout), and send all of that with a dispute to the CRAs suggesting the CA is not accepting correspondence for you regarding the tradeline that they are reporting, violating the FCRA and therefore the TL must be deleted. The CRAs do not need to know the content of the correspondence.

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Don't do anything until you learn more. 623 letter is sent to an OC, not to a CA.

 

A 623 can be sent to any "data furnisher". It's often associated with OCs because the other methods of debt validation requests / 1-2 punches to clear up negative TL are generally spineless vs OCs.

 

If the CA won't accept CMRR, you should photocopy the returned piece of mail and the USPS log indicating that delivery was attempted and refused (I do mine online, so a printout), and send all of that with a dispute to the CRAs suggesting the CA is not accepting correspondence for you regarding the tradeline that they are reporting, violating the FCRA and therefore the TL must be deleted. The CRAs do not need to know the content of the correspondence.

 

 

:good: if the letter is sent to the address that is listed on the credit reports, they have to accept it.

 

 

only use the address listed on your reports - this is required under the FCRA

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Don't do anything until you learn more. 623 letter is sent to an OC, not to a CA.

 

A 623 can be sent to any "data furnisher". It's often associated with OCs because the other methods of debt validation requests / 1-2 punches to clear up negative TL are generally spineless vs OCs.

 

If the CA won't accept CMRR, you should photocopy the returned piece of mail and the USPS log indicating that delivery was attempted and refused (I do mine online, so a printout), and send all of that with a dispute to the CRAs suggesting the CA is not accepting correspondence for you regarding the tradeline that they are reporting, violating the FCRA and therefore the TL must be deleted. The CRAs do not need to know the content of the correspondence.

 

 

:good: if the letter is sent to the address that is listed on the credit reports, they have to accept it.

 

 

only use the address listed on your reports - this is required under the FCRA

 

Yeah bro I used the address listed on my credit reports but if it requires signature can't they refuse? I think I read about that somewhere online where they can simply tell the mail carrier they'll have someone pick it up at the post office and never go up there to get it

 

And thanks for the info on making a copy of the refusal and sending it to the CRA. By chance do you happen to know what statue it violates if they're not cooperating with you or blatantly avoiding ur request. I kno it's a violation but I'm uncertain as to what statue of law and how to address the CRA in writing about it

 

 

 

 

 

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If they refuse Certified mail, then, yes, you can use it as evidence to ask the CRA to remove it off.

 

There aren't "signatures" involved with Certified, unless you are sending it "Return Receipt Requested," as I did to day with a dispute. Runs ya $5.25 or $5.35.. and you get the Green Card back as legal proof of delivery, or non.

 

Use whatever address is listed on your credit report, as ICANHASMUNY? said.

 

And be SURE you are sending the right kind of letter.. Correct, CRA doesn't need to know what it was, but Certified CM-RRR is what you want.

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I don't mean to come off like an flowers and I mean no disrespect whatsoever

 

But basically I still have the same question as to what statue of law the collection agency violates by refusing certified mail (and yes I did send it CMRR)

I know I could have sent it without requesting the signature and return receipt but that's what I requested and yes I always send my disputes to the address listed on my credit reports

 

I understand that I could ask the credit bureau to delete this entry for their non compliance and refusal of my investigation (via 623) but I was hoping to include the statues of law that it violates, particularly what section code. I'd like to quote it in the letter I'm gonna send them along with all the copies and stuff

U know ...be more specific and more in detail then simply stating that the collection agency and credit bureau are in violation of the FDCPA and FCRA

 

Thanks for all the help thus far. I greatly appreciate it

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like I stated it's a violation of the FCRA.

 

http://creditboards.com/forums/index.php?showtopic=468763

 

 

§ 623. Responsibilities of furnishers of information to consumer reporting agencies

 

D)

 

Submitting a notice of dispute. A consumer who seeks to dispute the accuracy

 

of information shall provide a dispute notice directly to such person at the

 

address specified by the person for such notices that –

 

(i) identifies the specific information that is being disputed;

 

(ii) explains the basis for the dispute; and

 

(iii) includes all supporting documentation required by the furnisher to

 

substantiate the basis of the dispute.

 

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^^^ In addition to that violation the FCRA above... and since you won't be disclosing the content of the correspondence, you can simply say the CA/JDB is violating your rights under FCRA and FDCPA by not accepting correspondence regarding a negative item on your CR. I'm being lazy, so this paragraph from wikipedia describes the FDCPA violation:

 

Debt Validation, or "debt verification", refers to a consumer's right to challenge a debt and/or receive written verification of a debt from a debt collector. The right to dispute the debt and receive validation are part of the consumer's rights under the United States Federal Fair Debt Collection Practices Act (FDCPA) and are set out in §809 of that act, which has been codified in Title 15, Section 1692-1692p of the United States Code.[1] This debt validation procedure was expected to reduce the incidence of debt collectors dunning the wrong person or attempting to collect previously paid debts.

 

In other words, you have a legal right to have the CA prove that the debt is yours TO YOU and they are preventing you from doing so.

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http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

 

credit reporting is considered an act of debt collection - there fore they should have sent you the validation notice at the time of the credit reporting.

 

have you ever recieved such a notice?

 

does your state regulate debt collection agencies?

 

file a complaint with that regulatory agency ( usually the state banking commision or dept of financial institutions )

 

file a complaint with the BBB.

 

File a complaint with the FTC.

 

send back copies of the refused service to the CRA's asking them to;

 

"please contact the furnisher of information and provide the correct address - that the address listed for contact on your reports is incorrect,- no one will accept mail at the address listed, please see attached. "

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Thanks so much for all the help guys

I greatley appreciate it

 

I dont recall ever recieving any kind of validation letter or anything of that nature...i dont even recall getting a dunning letter or anything like that

 

What i have done thus far is this

 

1.regular dispute with credit bureau ....experian refused the request bcuz i forgot to include my ssn but they removed most information and turned the little info they had i to n\a all over the item in dispute. Trans union said they updated info but its all the same and equifax verified

2.debt validation request to the collection agency sent CMRR and sugned for ....of course i never got a reaponse

3. Sent a 623 letter requesting investigation and with this letter i included copies of a return receipts signed and letters that have been previously sent requestin validation and also disputes with credit bureaus with copies of my credit report pages with alleged accounts

 

And here i am today with mo response so in another 15 days ill be at that 30 day mark and drafting up an ITS letter and filing FTC and BBB complaints to send copies of

Ten days after that i plan to actually file a law suit if its still not deleted

 

I hope i got this process correct...sometimes its hard with so much information and so many different methods of disputing...chime in anyone if u have any better suggestions

 

One thing i was never clear on that id like to know the answer to is this

"Are collection agencies required to stop reporting if i request validation and they dont provide it, IF ITS PAST THE FIRST 30 DAYS OF THEIR INITIAL DUNNING LETTER?

 

No i never got a dunning letter but im sure itll be easy for them to say they sent me one and i didnt request validation within the first 30 days

But if i request it later on, i understand their not REQUIRED to submi anyhing but can they keep reporting?

I know the answer to this if its during the first 30 days of recoeving the dunning letter or INITIAL COMMUNICATION, but does this apply after as well? No validate No report (at any time or only during the first 30 days of communication does this stand) ?

 

Thanks for all the help guys...ive read over the debt validation process a few times but im still unclear on the answer

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I ran into this once myself where a Certified RRR was returned to me as "refused" I held onto the (unopened) mail piece, waited a week, and sent a second. They accepted the second one, but I was told had they not... it would have been easy to use the refused pieces to my advantage.

 

Granted, this was not a credit-related issue, but still...

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