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Dunning Notice Question

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AshCas
Regular Contributor

Dunning Notice Question

Out of curiousity - if a collection sent a dunning notice to an address where you no longer lived, and if it's the only address they had on file - does it still count as them notifying you?

 

 

Message 1 of 8
7 REPLIES 7
RobertEG
Legendary Contributor

Re: Dunning Notice Question

The statute requires that they "send the consumer a written notice" (unless they previously provided it orally).

Did you advise either your creditors or the CRAs of your change of address?

If not, they might have a case stating that they sent it to the address you last provided for receipt of corresponce.

Are you now past the 30-day period for timely DV?

Message 2 of 8
JohnPTEX
Frequent Contributor

Re: Dunning Notice Question


@RobertEG wrote:

The statute requires that they "send the consumer a written notice" (unless they previously provided it orally).

Did you advise either your creditors or the CRAs of your change of address?

If not, they might have a case stating that they sent it to the address you last provided for receipt of corresponce.

Are you now past the 30-day period for timely DV?


This is the precise reason I cannot get one removed right now - they say they mailed it - I say I never received it - they say I had to call them to change my address - they won't budge


Starting Score: TU:619 (02/24/2012) - EQ:629 (02/24/2012)
Current Score: TU:632 (06/21/2012) - EQ:672 (06/21/2012)
Goal Score: 740


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Message 3 of 8
AshCas
Regular Contributor

Re: Dunning Notice Question

I actually don't have a specific reason for asking - my last 2 baddies are paid in full collections I'm just GWing. I was just curious Smiley Happy
Message 4 of 8
RobertEG
Legendary Contributor

Re: Dunning Notice Question

As a compromise, maybe they might agree to still provide debt verification, notwithstanding an issue of timeliness of your DV. 

If so, it would appear that the entire issue would become moot.

Message 5 of 8
JohnPTEX
Frequent Contributor

Re: Dunning Notice Question

On mine the debt is very likely mine - just an issue of me moving and changing electric companies at the same time - paid the last bill online and thought I had it all closed out - apparently there were charges beyond what I paid


Starting Score: TU:619 (02/24/2012) - EQ:629 (02/24/2012)
Current Score: TU:632 (06/21/2012) - EQ:672 (06/21/2012)
Goal Score: 740


Take the FICO Fitness Challenge
Message 6 of 8
Andrew22
Regular Contributor

Re: Dunning Notice Question

Also, it can depend on who is sending you the notice. If it is a collection agency or other firm with which you have no direct relationship, you are not required to notify them with a change of address, as you would have no rason to do so, and you would likley not know to do so...

Message 7 of 8
RobertEG
Legendary Contributor

Re: Dunning Notice Question

Reporting current address to the CRAs is a uniform way of providing general notice.

It also works the other way.  The new direct dispute rules permit the consumer to send a direct dispute to the address of record reported by the furnisher in their credit file, and that is, under the rules, considered sufficent to trigger the running of the dispute period.

Message 8 of 8
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