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How do CA's prove they sent a dunning letter

Date: Tue, 03/17/2009 - 19:22

Submitted by arb
on Tue, 03/17/2009 - 19:22

Posts: 147 Credits: [Donate]

Total Replies: 5


I noticed that none of the dunning letters I receive ever have a dated post mark. And usually the letter is dated a week or more before I actually receive it so it looks like they are sending it out earlier than they actually do.

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 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.


lrhall41

Submitted by NASCAR_Devil on Wed, 03/18/2009 - 05:20

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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.


lrhall41

Submitted by DebtCruncher on Wed, 03/18/2009 - 16:59

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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.


lrhall41

Submitted by on Thu, 03/19/2009 - 05:47

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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.


lrhall41

Submitted by SOAPLADY on Thu, 03/19/2009 - 06:14

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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.


lrhall41

Submitted by ndmike25 on Thu, 03/19/2009 - 12:30

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