Hello all,
Last month, I received a collection letter from a collection agency regarding a newspaper subscription*. I sent a validation letter CM with an electronic RR. The letter is currently "Unclaimed" (it was delivered to a Post Office Box). I didn't think much of it until today when I received a second letter stating "Since we are assuming you intend to pay this balance, it is important that you contact our office to discuss your plan", and goes on to talk about that this is a serious delinquency, blah, blah, blah.
So what's my next step? Send another letter to be unclaimed? Can they really claim that they didn't hear from me within the 30-day window if they refuse to accept delivery? They haven't reported it yet, and the balance is only $13.50 (I know, I know, but it's the principle of the thing), should I just bite the bullet and offer to pay it off, provided they don't report it? Again, I would send it CM, so no telling whether or not they would accept the letter.
Thanks for your help everyone. This community has been a godsend for us lurkers. 
*Long story: I signed up for a 6-month Sunday only delivery using a Groupon. After the 6 months were up, they continued sending papers and tried to bill me after the fact. Luckily, I had printed and kept all of the online documentation from when I signed up. Nothing about auto-renewal or anything like that, just a 6-month subscription, so I ignored the bills and eventually they stopped delivering.
@RobertEG wrote:It is not just a matter of principle, in my opinion.
Upon receipt of your DV, they are placed under an automatic cease collection bar, preventing them from reporting to a CRA until they provide the requested validation.
That is substantive action that can bar credit reporting.
FDCPA 809(b) states that "If the consumer notifies the debt collector in writing within the thirty-day period...."
It is not based on evidence of how they treat your notice. If you sent them a DV at their reported address, such as the address contained in your credit file, and they refuse to accept it, you have still provided your notice in writing. Your return receipt showing it was received at their posted address would, in my opinion, evidence your notification.
What they chose to do with it is not a dodge of their receipt at their address. I would consider them to be under a cease collection bar.
+1
Starting Scores: EQ 582 TU 584 EX 615 (FICO - Lender Pulled) 1/4/2012
@Anonymous wrote:tps7c and RobertEG, thanks so much for the responses.
I agree $13.50 isn't worh all this effort, especially considering I'll end up spending way more than $13.50 in CM postage to get it cleared up. I just worry about paying it and it still ending up on my CRs. I'd like to get something in writing from them, but how do I communicate with them?
I did find their website, and they have a "Contact Us" page. I'm thinking of sending a message saying "Accept my CM and then we'll talk" (I'd say it nicer than that, obviously). Good idea?
I agree with you. $13.50 is not a lot, but I would also be afraid that it would show up on my credit reports one day, especially since paying it is a form of admitting that the debt is valid.
I think if I were in your situation, I would send an email stating that you have an electronic receipt stating that your request for a DV was refused on such and such date, and point out to them that their refusal of the certified letter does not relieve them of their responsibility under FDCPA to cease collection efforts until DV is provided.
That alone might be enough to signal to them that you're aware of your rights under FCRA and FDCPA and turn the $13.50 around on them as not worth pursuing with an informed consumer. Good luck and let us know how it turns out!
