Cap One - no response

[djrez4]

I sent a CMRR letter to Cap One (Friday, 9/14) that disputed their reporting. Although I sent it to the address listed on my credit reports, I have not yet received the green card back from them, nor have I received the letter back as undeliverable, 11 days later (haven't checked the mail today). 

Does this put me in a better position to show the CRAs that my reports are inaccurate? I can't find any threads on point.

[scarrollprint]

Don't jump to any conclusions or think your ahead JUST yet...

CM (RR or not) is held for 15 days (I think - they basically give the person some time to get to the PO) and then returned. So in essence if they just never sign for it, then eventually it will be returned.

I had this with an old landlord that tried that tatic to get out of giving us our deposit back after he told us to mail him the keys since he'd be 'out of town'. When we filed a suit against him in small claims court he tried saying we never sent the keys or gave him a forwarding address.

But anyways as I was saying - they hold it for however long it is, I think it says on the web somewhere and then if not signed for they mail it back to you.

Once you get it mailed back to you, you can proceed, but just because they didn't sign for it yet, doesn't mean they won't sign for it next week.

[scarrollprint]

actually its longer than 15 days...

from the USPS web site:

They must go to the Post Office to Sign for the letter and pick it up. If no one picks up the letter after 5 to 7 days, USPS will leave a second delivery notice.  Again the delivery slip reminder is left by the letter carrier. Finally after 5 to 7 days the third and final delivery attempt is made to the delivery address.  After the final notice reminder is left the letter is taken back to the Post Office and held for 5 to 7 additional days prior to being returned to the sender with USPS proof of the various attempts of delivery and notification.

This entire time frame can take 17 to 21 days if no one claims the letter.

[djrez4]

Ah - that's good info!  I'll sit on my hands for a while.  Thanks!

[RobertEG]

I am assuming that your letter to them was a direct dispute under FCRA 623(a)(8).

The implementing rules for the direct dispute process directly address your question.

Unlike disputes made via a CRA, the direct dispute rules include a specific provision dealing with the address for sending a direct dispute.

16 CFR 660.4(c)(1) expressly states that:

"A furnisher is required to investigate a direct dispute only if a consumer submits a dispute notice to the furnisher at: (1) the address of a furnisher provided by a furnisher and set forth on a consumer report relating to the consumer..."

You thus, under the rules, have complied with proper notice, and they have a presumption of receipt by providing that acceptance address to the CRA.

They cant refuse responsibility for a legally acceptable address they have provided.

[scarrollprint]

I thought about this last night.

If it was a piece of CM to a house, they would leave the note since they would assume the person wouldn't be home if its mid-day.

PO boxes might only get checked once a week or month and that may be the case so it may go unnoticed for a while (which would work in your favor if it gets returned before they get to it).

If it was a direct location (not po box) then they probably refused it, but again if it was refused they would just instantly send it back once it was refused it wouldn't wait the 3 weeks.

[djrez4]

I had the green card waiting for me at home yesterday.

Thanks for your knowledge, Robert and others.