CA refusing to pick up DV/CD letter

[flyinbroke]

Sent the letter certified, return receipt on Saturday to the local office of GC Services. The 30 day to DV was going to end tomorrow or THursday. Found it odd that they are STILL calling my phone nonstop; at least 5 times today. Went to the USPS site and discovered they are refusing to pick up/sign for it.

This is what the site says:
We attempted to deliver your item at 10:33 AM on March 15, 2010 in HOUSTON, TX 77081 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www.usps.com/redelivery, or call 800-ASK-USPS to arrange for redelivery. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later.


Detailed Results:

Notice Left, March 15, 2010, 10:33 am, HOUSTON, TX 77081
Arrival at Unit, March 15, 2010, 9:56 am, HOUSTON, TX 77074
Acceptance (APC), March 13, 2010, 11:20 am, HOUSTON, TX 77019

For the record FIA/BoA has a PO Box and it was delivered and signed for. This had an actual address so they are refusing delivery.

Violation?

[tigergem]

Did you mail it to GC Services on Hwy 190 in Copperas Cove? If you did, it's not that they are refusing it, they really and truly do not get mail delivered there. There is a PO Box address. Use it.

The reason for this is, those kinds of notices have to make their way into the data base, and that is not where that is done.

[flyinbroke]

Nope, they sent a letter with an address of 6330 Gulfton in Houston on the back. This is also the address for Colorado residents wanting to dispute. So since this is the address they tell you to send to, I think it becomes a violation because they are sending false or misleading information.

There is a PO box in Copperas as a return address in the consumer rights section. This is the only PO box anywhere.

[WhatMoney]

It sounds like they just didn't answer the door, or maybe they start late. When that happens the USPS leaves a notice on their door or in their mailbox.

They have 15 days to pick it up at the PO. I'd try the PO Box address, and if they refuse to sign for it when they are at the PO, I guess they are avoiding CMRR's.

[tigergem]

Yeah. That doesn't sound right. This is the Houston HQ address that I have.

6330 Gulfton Street
Suite 440
Houston, TX 77081
Phone: 713-776-6887
Fax:

You might want to call there and get a fax number so you can fax that DV letter. I keep hearing from the local PO here that the Houston USPS mail center is one great big mess, so maybe they misdirected your letter.

[flyinbroke]

It was sent to the correct HQ address, except that they conveniently left the suite number off the mailing addresses in the consumers rights section (which may be considered deceptive). Bank of America got theirs in Delaware, and signed for it, so I doubt the USPS is to blame.

I am having the USPS attempt to redeliver. If it bounces back as undeliverable, then I file the sealed envelope away with their letter and go for the kill later on. They may wind up paying the bill they are trying to collect on.

Yeah. That doesn't sound right. This is the Houston HQ address that I have.

6330 Gulfton Street
Suite 440
Houston, TX 77081
Phone: 713-776-6887
Fax:

You might want to call there and get a fax number so you can fax that DV letter. I keep hearing from the local PO here that the Houston USPS mail center is one great big mess, so maybe they misdirected your letter.

[nodollarsnomo]

I have sent them three DV letters to the Gulfton address since December. They acknowledged last week that they have received them, so I asked why they were still calling, the girl said that she would turn it over to her manager and I told her that he could not call either because I had also included a cease & desist. They called on Friday and started on their spill about the call being recorded when I told them to hang on so I could turn on my recorder the girl stopped and said that the call had been a mistake.

What a bunch of yo-yos.

[flyinbroke]

I have sent them three DV letters to the Gulfton address since December. They acknowledged last week that they have received them, so I asked why they were still calling, the girl said that she would turn it over to her manager and I told her that he could not call either because I had also included a cease & desist. They called on Friday and started on their spill about the call being recorded when I told them to hang on so I could turn on my recorder the girl stopped and said that the call had been a mistake.

What a bunch of yo-yos.

Yeah, they are not even signing for them; I sent the green card. The attempt to deliver failed. To me this means they are not accepting it. I guess I may have to answer the phone when they call.

THey are not only violating state and federal DC laws, they are violating the Texas Deceptive Trade Practices act, which carries heavier fines. From the state bar site:

The DTPA provides both public and private remedies for violations. Public remedies are those enforced by the Consumer Protection Division of the Texas Attorney General's Office. Public remedies include temporary restraining orders, temporary or permanent injunctions, and monetary penalties of up to $2,000 per violation but not to exceed a total of $10,000. The courts are further authorized to enter orders or judgments necessary to compensate identifiable persons for actual damages caused by their wrongful acts. In the event the person ordered to make restitution fails to do so within three months from the date of the order, the court may appoint a receiver or take possession of the assets of the person violating the order. Anyone found guilty of violating an injunction shall forfeit and pay to the state a civil penalty of not more than $10,000 per violation, not to exceed $50,000.

Bring it, beeeyotches.

[tigergem]

It was sent to the correct HQ address, except that they conveniently left the suite number off the mailing addresses in the consumers rights section (which may be considered deceptive). Bank of America got theirs in Delaware, and signed for it, so I doubt the USPS is to blame.

I am having the USPS attempt to redeliver. If it bounces back as undeliverable, then I file the sealed envelope away with their letter and go for the kill later on. They may wind up paying the bill they are trying to collect on.

I hope that works out for you. Did you ever find out if your local small claims court handles those kinds of cases? Sure would be convenient if they did. Mine has a big sign in the JP's office "We do NOT accept suits against creditors or collection agencies for violations of the FCRA or the FDCPA."

[tigergem]

Yeah, they are not even signing for them; I sent the green card. The attempt to deliver failed. To me this means they are not accepting it. I guess I may have to answer the phone when they call.

THey are not only violating state and federal DC laws, they are violating the Texas Deceptive Trade Practices act, which carries heavier fines. From the state bar site:

The DTPA provides both public and private remedies for violations. Public remedies are those enforced by the Consumer Protection Division of the Texas Attorney General's Office. Public remedies include temporary restraining orders, temporary or permanent injunctions, and monetary penalties of up to $2,000 per violation but not to exceed a total of $10,000. The courts are further authorized to enter orders or judgments necessary to compensate identifiable persons for actual damages caused by their wrongful acts. In the event the person ordered to make restitution fails to do so within three months from the date of the order, the court may appoint a receiver or take possession of the assets of the person violating the order. Anyone found guilty of violating an injunction shall forfeit and pay to the state a civil penalty of not more than $10,000 per violation, not to exceed $50,000.

Bring it, beeeyotches.

Um. That isn't a small claims matter then.

[flyinbroke]

I will have to check as willful ignorance is no excuse for defying an attempt to dispute.

[MSbklawyer]

Send it regular first class. If you don't have access to a postage meter take it to the post office and have them put postage on it so your stamp will have a date on it. Photocopy the face of the letter with address and the postage on it. They are presumed to have received it.

[optimistic1]

Unless you are good at suing people and have the money to file the complaints, or you have a consumer rights attorney on retainer that is also fdcpa sue happy, just invest more time in not worrying about it, and choose an alternative route for a home phone, magicjack works good. Otherwise, its just a fantasy. You are so lucky though to live in TX, I think I will move there in case another recession/depression happens when Sarah Palin 2012 rolls in to town, oh, I just thew up in my mouth a little bit.

[flyinbroke]

Send it regular first class. If you don't have access to a postage meter take it to the post office and have them put postage on it so your stamp will have a date on it. Photocopy the face of the letter with address and the postage on it. They are presumed to have received it.

I did, sent certified return receipt...may be overkill but I knew when it was delivered, or attempted. I do have the receipt with the number; this is where I found out no one was accepting it.

I guess the USPS site only allows the person who received the peach slip indicating mail can request redelivery. This indicates that it did make it to the office but no one signed for it.

Optimistic, I am one mean lil wench, but not a lawyer. There are more than a few who may be willing to take it on but at the very least I know I can dispute on CRAs and such. I bought a prepaid cell that is only used for CCs and I never answer it.

[WhatMoney]

I did, sent certified return receipt...may be overkill but I knew when it was delivered, or attempted. I do have the receipt with the number; this is where I found out no one was accepting it.

I guess the USPS site only allows the person who received the peach slip indicating mail can request redelivery. This indicates that it did make it to the office but no one signed for it.

By sending it with a return receipt they cannot just deliver the letter to their address unless someone signs for it. Send them a first class letter and no one has to sign for it.

Normally redelivery must be requested by the addressee. Otherwise it will just sit at the PO until someone picks it up or they return it to you in 15 days, undelivered. They are under no legal obligation to accept a CMRR letter. Debtors avoid them all the time by just not answering their door, and never going to the PO to pick it up. It's a typical way some think they can avoid a summons by mail.