DV'd wrong address for midland

[mschang]

i sent a DV letter CMRRR to midland's PO box. i looked at the back of the dunning notice and it says send mail with payment to PO box XXX send mail without payment to street address XXXX.

well i sent it to the PO box because it was the address in the header. doh!

i know CAs use tactics to put the fear of god into people, but i don't want to take any chances with this "pre-legal" business... i'm not out of SOL until october or november

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/midland-quot-pre-legal-reminder-quot-came-out...

any problems in sending another DV to the correct address? i'm within SOL and i'd hate for them to get me on a technicality.

[RobertEG]

The issue is potentially one of the timeliness of your DV, which must be sent within 30 days of dunning notice. You complied with the statute in that it was sent. FDCPA 809(b) does not require that it be sent to a specific address. In my opinion, the address they specified is for their convenience. You have evidence of sending to an official business address.

I would resend, making it clear that your earlier communication was sent on such and such a date. Then sit back and see if they resume any collection activities by asserting non-timeliness of your DV. That is the only time it will become an issue.