How do CA's prove they sent a dunning letter
Date: Tue, 03/17/2009 - 19:22
Anyway, that got me thinking. Since we have 30 days from the DAY OF RECEIPT of a dunning letter to send our DV, what happens if you claim you never received a dunning letter but the CA says they sent one out? They don't send anything certified mail w/ return receipt! Or even anything with any tracking number/delivery confirmation available. They just mail it out presorted or whatever it is.
So if you receive a dunning letter but claim you didn't how would they prove otherwise?
A CA does not have to prove that they mailed out a dunning lette
A CA does not have to prove that they mailed out a dunning letter. They would only have to prove that they have a system in place for the mailing of letters and hanling returned letters. Since the onnus is on the consumer to prove when they recieved the letters, I bought an electronic date stamp and stamp every letter I've received. I haven't recived any that did not have a postmark though.
As Nascar said, all they have to show is that they have a system
As Nascar said, all they have to show is that they have a system in place.
While my company isn't a CA and so we don't have to send those letters, we do have other letters we have to mail (privacy notices, late notices, etc).
All of our form letters have document #'s programmed in the system. Any time the system generates a form letter, it also makes an entry in the customer's account noting the date, time, document #, description of the letter, and user # who generated the letter.
I suppose if a customer ever argued that we never mailed some notice, I would print the account notes showing all letters our system ever generated for that account.
Granted, the fact that a note is in the screen doesn't prove that we actually stuffed it in an envelope and mailed it out. But therein the burden of proof isn't on me to prove I did, it's on the customer to prove I didn't.
I actually have one collection agency that has been calling me a
I actually have one collection agency that has been calling me and they have never sent me the dunning letter, I have ask several times and they say that they have sent it. I told them I would not discuss anything until I got the letter. One lady said that they would fax it to me, she wanted me to go to a grocery store or wherever and ask to use their fax machine, that there just told me that they actually never sent the letter. I still refuse to take their calls.
The agency I worked for sent out a letter immediately upon place
The agency I worked for sent out a letter immediately upon placement. There was always a code in the notes for letters being generated. However, our letters were printed and mailed by an outside company so there was always at minimum a one day delay in having the letter requested to when the letter was generated...and then possibly another day when it was mailed. Throw a weekend or holiday in and it would delay it further.
I had the same experience with PRS. They said they mailed a dun
I had the same experience with PRS. They said they mailed a dunning letter so I asked for their address and went ahead and sent a dv letter. When I asked when they sent it, it had only been a few days out so I know I was still within the 30 days. I've always sent dv letters out the first time I hear from a CA, whether it be by phone or dunning.