Dispute letters not accepted

[Anonymous]

I am new here but have been following this page as well as several others to try and clean up my credit reports. I found several errors when applying for a mortgage. I have successfully removed 6 of 7 errors on my report. There is one left i am struggling with. I paid a buyout fee to get out of a lease 2 years ago, all was documented and good to go, but after a staff change in the apartment complex, somehow my buyout fee was sent to a credit collection agency. I never got notice, but found it on my credit report. I disputed with all 3 CA's sent in my payment info as documentation, but they all came back as "verified debt" so I disputed with the Collection agency, and they responded that I need to contact the apartment complex. Here is the issue. I sent all my documentation, the 60 notce letter, the buyout fee check copy, bank statemtns, as well as a signed letter and copy of my lease from the previous manager. I sent this certified, 3 times now, and the new office manager wont accept the letters. I have the post office tracking info as well as the three returned letters. Where do i go from here?

[Anonymous]

Refusing certified letters is something known in the courts as 'willful blindness'. Judges generally do not look kindly on it. You may have to take them to court over it. They are liable for damaging your credit.

[Anonymous]

The CFPB is your ally. (http://www.consumerfinance.gov/)

[Anonymous]

Thank you both. I will definitely submit a report on that site. I hope to not go to court, as that can be costly, but if I have to I will. Thanks

[Anonymous]

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@Anonymous wrote:

Thank you both. I will definitely submit a report on that site. I hope to not go to court, as that can be costly, but if I have to I will. Thanks

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They would be liable for court costs. Thiier willfull blindness does not make them look good at all. Frankly, there is no justifiable reason for a manager of a business to refuse certified mail.

[RobertEG]

Before pursing violations, be aware that after filing a dispute via a CRA, a furnisher has no requirment to investigate a direct dispute on substantially the same basis.

They have already investigated and responded to the CRA.

The direct dispute regs state, at 16 CFR 660.4(f), as follows:

Frivolous or irrelevant disputes.

(1) A furnisher is not required to investigate a direct dispute if the furnisher has reasonably determined that the dispute is frivolous or irrrelevant,  A dispute qualirides as frivolous or irrelevant if

(i) The consumer did not provide sufficient information to investigate the disputed information as required by paragraph (d) of this section;

(ii) The direct dispute is substantially the same as a dispute previously submitted by or on behalf of the consumer, either directly to the furnisher or through a consumer reporting agency, with repect to which the furnisher has already satisfied the applicable requirements of the Act or this section;  provided, however, that a direct dispute is not substantially the same as a dispute previously submitted.

[Cstone87]

The NCLC along with Updates In CFR from the CFPB suggest otherwise. I am on my phone but yes to the OP file action. The CFPB can enforce the law, federal judges often side with the United states attorney/usdoj.

[RobertEG]

The Code of Federal Regulations have the effect of law unless and until a provision is found to be contrary to law by a court.

As an aside, I am not aware of any opinion issued by the CFPB that states that the cited section of the CFR is considered contrary to law.

[Anonymous]

Thanks again. I did file a report last evening, so we will see what happens.  I guess the big issue I have with this is that it was paid, its not a debt, and never was. When i disputed with the CA's i sent my bank statement and the copy of the cashed check, so I dont see how it would come back as verified?? Somehow this new manager doesnt have the correct information in their system, and now they are refusing my letters, so we will see what happens now.

[Anonymous]

You may have to take legal action against the apartment and the manager.

I would research service requirements in your state. Some states allow service by certified mail, if thats the case file suit and serve them that way. He will likely refuse it, fail to show up you would get a default judgement. His documented willful blindness would negate any later claim of improper service.