What is the situation if a CMRR is not picked up?

[Anonymous]

Girlfriend's CMRR has not been 'received' - a notice was left (has to be a PO Box masking as an actual address) - if it gets returned unclaimed has the CA failed to validate?

[azsassycat]

I don't know if this would work in your girlfriend's situation or not, but when I send CMRRR for work we can consider it received when they sign for the mail or on the date of first attempted delivery if they refused it or if they failed to pick it up.  Try sending the same correspondence via regular mail - if it doesn't come back, you know you have a good address and they are 'choosing' not to accept the certified mail.

Cathleen

[Tuscani]

Did you get the green card back showing the address as undeliverable? If a CA cannot validate the CRA must delete!

[Anonymous]

This is GF's account and no GC yet (just sent last week) but online tracking shows 'notice left'. It is beyond CRTP & SOL but we dv'd anyway just to protect her.

[Anonymous]

Seems like you would habve a valid dispute.  If that is the contact info and theyfailed to pick it up, it seems to be on them.  I would do thid dispute in writing with a copy of the returned CMRRR included.

[Tuscani]

Use this letter once you get the green card back:

--

Dear CRA,

I recently attempted to contact a collection agency XXXXXX on my credit report #XXXXXXXX at the address listed on the credit report. The letter I sent via USPS CMRRR has been returned to me undeliverable because the company “forwarding address expired, return to sender”. The CA doesn’t exist in that address mentioned in my Credit report. I have included a copy of both sides of the envelope for your review.

As you are well aware, under 15 U.S.C. § 1681i of the FCRA, as well as numerous other places, you are required by federal law to report only accurate information. You have violated my civil rights by repeatedly reporting inaccurate information when I request my credit report, and when lenders view my report. This is a violation of federal law that I have a right to seek remedy for from the courts as it has caused me damage in how I am viewed by lenders, and terms of loans received.

I demand that within five days of receipt of this letter that the negative trade line associated with this complaint be deleted from my file, as required by the FCRA. If this demand is not met, I will be filing grievances with the Attorney General, and the Federal Trade Commission.

I have included copies of my identifying information to prove my identity. I look forward to an expedient conclusion to this issue.

Sincerely,

[Anonymous]

I have read something on this subject on another board.  There is a legal term, something to the tune of "willful blindness".  If they continue to attempt to collect, then you have a violation