CardServicing Center
Date: Wed, 03/11/2009 - 20:48
I'm sending them a debt validation letter.
But I noticed something very dirty that they're doing, which I feel is in violation of the FDCPA. Though I received the letter on March 11, 2009, the letter is dated February 24, 2009, so though they state that I have 30 days to respond with a payment, I really only have 13 days. It does not take the US Post Office 15 days to deliver a first class letter.
Unfortunately, I don't see how I could prove this time deviation as the envelope the letter came in does not have any post mark. It's just a yellow envelope with a printed "Paid postage box on the right side.
Any thoughts on this or suggestions in dealing with this company?
Thanks,
Betty
It is strange it has no post mark, but I see where you are angry
It is strange it has no post mark, but I see where you are angry..it does seem dirty and underhanded. What you should do is send them that DV IMMEDIATELY, but instead of writing that you are responding to their letter dated 02/24/2009, that you are responding to the letter you received on 3/11/2009.
Even if they got the letter later then the 30 days, and they tried to raise a stink about it being untimely..they have no proof of when they actually sent the letter as they did not send it by certified mail. But why bother with that? Just get that DV out, certified mail and don't give them that option.
Now, if the envelope had a post mark, that would be grand, because you have proof that it looks like they tried to deny you your right to dispute and it could come back to haunt them, but since there is no postmark there is no real proof of it, unfortunately.
Be VERY firm with them...you now know they can potentially deal unfairly, so give them no chance to do so..be firm with them. You are in control.
Regardless of the date on the letter, your 30 days begins the da
Regardless of the date on the letter, your 30 days begins the date you recieved it. Collectors never have to prove they sent a dunning letter, only prove they have a system in place for sending such letters out. My response to that is I have a system in place for when I recieve those letters. I bought an inexpensive electronic date stamp and I stamp every letter I recieve. I also keep the envelopes that the letters come in not only for the postmark but also it is very common for the zip code on the envelope to be 1000 miles away from the zip code on the remittance address in the body of the letter.
