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DV Sent CMRRR Came Back as Undeliverable

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i sent a CMRRR DV letter to portfolio recovery to the address that my credit report said was for portfolio ,,, the letter was returned saying not deliverable as addressed , unable to forward .....

Whats my next step ? do i send copies of the outside of envelope to credit report?

am i required to find a different address

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CMRRR is best, but in a pinch, I've sent via fax (if you Google and get the number).

Just keep proof of the fax delivery.

Or, verify the address, and try sending it via UPS or FedEx.

That's a game they play; not signing for certified mail.

Edited by tmcgill

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CMRRR is best, but in a pinch, I've sent via fax (if you Google and get the number).

Just keep proof of the fax delivery.

Or, verify the address, and try sending it via UPS or FedEx.

That's a game they play; not signing for certified mail.

 

Can you use their refusal to sign for a letter as a refusal to acknowledge a dispute? If you try to contact them and they refuse contact, do you have any leverage? Sorry, still learning.

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Just your word against theirs. They could assert USPO delivery problems, etc.

You have to get proof (green card preferred - in a pinch - fax confirmation) their received your dispute.

Edited by tmcgill

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i have the entire CMRRR that was sent to them and was sent back to me ,, and it wasnt just placed in my mailbox , i had to sign that i received my letter back .... im not in a rush so im not going to fax ,,,

my question is what do i now send to the CRA , do i send the actual CMRRR envelope to them or just a copy ..and what letter do i write to the cra

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1. You send the DV to Portfolio. Once they receive it, you dispute with the CRA.

 

2. Once Portfolio gets the Demand for Validation, the FDCPA prohibits additional collection activity until they respond and validate.

 

3. The objective is to get them to ignore the CRA dispute, as they have not validated the debt. If they have not validated, how they they confirm or verify it with a CRA?

 

4. The CMRRR is your legal proof they received the DV. The CRA does not care about the non-delivery. You always go through the dispute cycle with the possibility it may end up with legal action; lawsuit or CFPB or other regulatory complaint. If that happens, you need proof (i.e. the paper trail) that will hold up legally showing you made requests, or provided information, and corrective actions or responses were not made.

Edited by tmcgill

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They are obligated to provide accurate information, and a working contact address. It is not your responsibility to try and track them down.

Make a copy of the returned mail along with the notation of " not deliverable as addressed , unable to forward ..... ", make a copy of the address for portfolio from your credit report. File a paper dispute with the CRA in question stating that your credit report is inaccurate and that Portfolio is not at the address they are listing and that you have no way of getting in contact with the,

Odds are, the CRA will verify with Portfolio using E-oscar. If Portfolio doesn't change the address at that point, file a CFPB dispute stating that the CRA is verifying inaccurate information.

Had the same thing happen with a CA that moved. EQ verified even tho I pointed out that a) the address is wrong and B) someone else is at that address. The CFPB dispute got it taken off.

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FYI: There is no provision in the FCRA that requires them to provide you with an updated address, or accept your certified mail delivery.

However, as the data furnisher, they must provide information that is fully accurate to a CRA.

 

If a dispute is not successful, you can send a Method of Verification (MOV) letter to the CRA. They have 15 days to respond. You can then use

any inaccurate information they send as as additional challenge to their verification. The basis: How could they verify using incorrect contact information?

 

Just sending a CRA proof of undelivered mail to a CA/JDB - doesn't give them legal incentive to do anything.

 

The CFPB, complaint does give them a legal nudge, as it comes from a regulatory agency.

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I think people are overthinking this:

Assuming you used the address supplied for the creditor as provided by the credit reporting agency, I'm going to offer that you DID a successful DV: they didn't verify; the info must be deleted; your returned CMRR is proof of DV and thier failure to verify.

​Think this through logically: if merely not opening their mail were a legitimate way to avoid disputes... they'd just not open / pick up any of their mail.

 

You are not required to

​- ensure they pick up their mail

​- accept CMRR

​- actually open the letter

- actually read the letter

​- blah, blah, blah...

​You took action and disputed the info. The law really doesn't give a rat's quarter panel WHY creditor failed to take your dispute legitimately. That's creditor's problem, not yours.

F/U with CRA for deletion.

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The OP would need the signed certified card to prove Portfolio received the DV. As I understand the original post, they did not accept the certified letter, or it was an invalid address. The USPO returned it as undelivered. Therefore, the Demand for Validation was not successful.

Edited by tmcgill

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the FCRA requires the furnisher of information to have a correct address listed with the CRA's so a dispute may be initiated.

 

file a complaint with the CFPB.

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The OP would need the signed certified card to prove Portfolio received the DV. As I understand the original post, they did not accept the certified letter, or it was an invalid address. The USPO returned it as undelivered. Therefore, the Demand for Validation was not successful.

Lol, Again, you are not required to FORCE them to accept delivery. The card has been signed and stamped by the US Post Office a much higher authority, if you ask me, then the CA

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the FCRA requires the furnisher of information to have a correct address listed with the CRA's so a dispute may be initiated.

 

file a complaint with the CFPB.

 

This

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From the original post. "the letter was returned saying not deliverable as addressed , unable to forward ..... "

 

That means Portfolio is not at that address any longer and there is no forwarding address. If they refused it, it would be marked as refused

 

And as stated by Ican "the FCRA requires the furnisher of information to have a correct address listed with the CRA's so a dispute may be initiated."

 

MY advice stands

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That's the beauty of this forum. Anyone can post possible solutions and the OP can make an informed decision that works for them.

 

OP keep us updated.

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The way to get it deleted is to send a copy of the front and back of the unopened, undeliverable letter to the CRAs in a dispute. They have to delete.

 

I wouldn't do anything else before this.

 

If the CRAs don't delete, step 2 is a CFPB dispute.

Edited by mendelssohn

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