Transworld...non deliverable DV

Anonymous · ‎09-18-2015

i overnighted a DV to Transworld...the address listed on at least one of my credit bureaus. I sent by FedEx. FedEx called today saying they have researched and have no forwarding address. This item was just put on CB in May or June. So FedEx is sending the envelope back to me marked undeliverable, etc...

i know I can use this info to send to CB to get item removed...but unsure how to do this? Do I call the CB or email them? I need this off quickly as it is not only a collection, but a recent account! I hadn't applied for any credit in 2 years....my AAoA is like 8+ years!

Anonymous · ‎09-18-2015

Complain to the CRA's that the collector listed does not have valid contact info.

Anonymous · ‎09-18-2015

Yes, but what is the best way to do this? I won't have the returned item until Monday. I need this deleted, and have read it will be deleted if I can provide proof that this was undeliverable.

Anonymous · ‎09-18-2015

@Anonymous wrote:
Yes, but what is the best way to do this? I won't have the returned item until Monday. I need this deleted, and have read it will be deleted if I can provide proof that this was undeliverable.

Scan the returned undeliverablle envelope and upload to the CRA's dispute page. They have a box for attaching documentation.

RobertEG · ‎09-18-2015

The CRAs are not a party to the DV process. It is a debt collection practices matter under the FDCPA.

You can request their file info on the supplied mailing/contact address, but the return of the DV is not basis for deletion of the reported collection.

They can report prior to sending any dunning notice, and lack of response to a DV is not a basis for any deletion of their prior reporting.

Info that a returned DV is basis for CR deletion is incorrect.

You can always assert that you have complied with the requirments of FDCPA 809(b) by sending the DV to their furnished address, and thus you now consider them to be under a cease collection bar (assuming, of course, that your DV was timely). Any future collection activiites, if and when the occur, could thus be basis for assertion thier violation of FDCPA 809(b).

Anonymous · ‎09-18-2015

@RobertEG wrote:
The CRAs are not a party to the DV process. It is a debt collection practices matter under the FDCPA.
You can request their file info on the supplied mailing/contact address, but the return of the DV is not basis for deletion of the reported collection.
They can report prior to sending any dunning notice, and lack of response to a DV is not a basis for any deletion of their prior reporting.
Info that a returned DV is basis for CR deletion is incorrect.

You can always assert that you have complied with the requirments of FDCPA 809(b) by sending the DV to their furnished address, and thus you now consider them to be under a cease collection bar (assuming, of course, that your DV was timely). Any future collection activiites, if and when the occur, could thus be basis for assertion thier violation of FDCPA 809(b).

Yes, that is true... BUT, nevemind the DV issue, the envelope coming back "undeliverable" with the address from the consumers report on it, is ample evidence that the CRA does not have valid contact information for the CA. I beleive that is a requirenment of FCRA, isn't it?

RobertEG · ‎09-19-2015

Good points, Norman.

It's not a specifically identified requirement of the FCRA, but it is stated in the CRA credit reporting manual ("Credit Reporting Resource Guide") as being a required reporting field when a debt collector reports their collection.

Upon reflection, since FCRA 611(a)(1) permits a consumer to dispute the accuracy of "any item of information" in their credit file, I would concur that it could be basis for a dispute. However, I'm not sure how it would play out if the CRA sends the dispute to the debt collector and gets no reply. They have no means to correct, and deletion would also serve no useful purpose.........??