Dunning notice/Initial Communication???

[guiness56]

No, it isn't irrelevant.  They have 5 days to send one.  That alone is a violation of the FDCPA.

Was the address they sent it to the same address the OC had? 

[Texanncali]

OC had old address. I was living there at the time and thought the bill was PIF. I moved and never thought to change my address with OC as I was no longer using their service. Almost 2 years later, here comes the CA saying there's still an unpaid balance.

[guiness56]

They

---

@Texanncali wrote:

OC had old address. I was living there at the time and thought the bill was PIF. I moved and never thought to change my address with OC as I was no longer using their service. Almost 2 years later, here comes the CA saying there's still an unpaid balance.

---

probably sent it to the address based on what the OC gave them.  Some of them do it purposely.  I don't know if that is the case here.

[Texanncali]

But this still is a violation correct? Sorry just trying to re-clarify. CA has also called since they received my DV. I asked them to only contact me via writing as calls are inconvenient. I gave them my current address in that DV letter. I took a screen shot of the call with my iPhone. 

[guiness56]

It is not a violation for sending it to an old address.  You would have to be able to prove they did it on purpose.  Just because they pulled your CR may not be enough proof. 

[Texanncali]

Ok. That will be hard to prove. I did do a change of address and have a letter from the post office stating my po box was closed prior to them sending the letter. It seems that if they did send something, it should have been forwarded or returned to sender. Well don't I have them on pulling my CR, without reporting, and waiting 9 days to send out the supposed letter. I thought they had 5 days?

[guiness56]

Since change of addresses don't expire quickly you may be able to prove it .  The post office would have forwarded it to your new address. 

They don't have to report if they pull your credit report.  Sometimes they are looking at your report to see if you have gotten new credit etc and are able to pay the debt. 

If they posted a TL on your CR then they had 5 days to send you a notice.  Not 9.  So yes, for that they are in violation.

[Texanncali]

CA pulled my CR, sent supposed dunning letter 9 days later, 3 months later CA reported to the CRA. So when they reported, they had already sent the supposed dunning letter. Thanks for your help! I'm fairly confident they did this, in an attempt, to get a default judgement, send summons to old address, etc. Now that the CA has my new address, I guess they are not obligated to send another dunning letter? I haven't lived at the old address in over 2 years. Oh well, at least the judge will see that I have tried to resolve this out of court. Maybe CA will call again and I will get them on a 2nd violation. Thanks again Guiness!

[Crossdivided]

Technically its the consumer's responsibility to keep contact information up-to-date (even with old creditors, but especially the CRAs). Youd be hard pressed to make them take the hickey for not having your current address, unless you made the attempt to update and they dropped the ball or something.

[Texanncali]

When the CA pulled my CR, my current address was listed. CA choose to send it to previous address. Or didn't pay attention to the information listed on my CR and went with the information the OC had on file. It would seem that because the CA pulled my CR before sending a dunning letter, to the wrong address, that they did it on purpose. Why else would they pull my CR? Other than to decrease my score or as Guinness mentioned to see if I could easily pay back the debt. I hardly think its necessary to alert all old creditors that you've changed addresses. But what do I know...if the CA's or CRA's used common sense. I wouldn't be here. It makes perfect sense to change addresses with current creditors, with the CRA's, complete a change of address with the post office, and that's what I did. I guess on my next move, I will add changing my address with all old OC's to the list as if moving and being transferred across the country didn't stack enough on my plate.