14 days since CMRRR, STILL haven't signed for it!???

[klhofbauer]

What is the name of your state? Arizona

Okay... DH received a collection notice from Merchants Credit Guide Company - a CA/JDB as we all know who loves to send notices for 10+ year old debts. Their letter was dated 4/8/05. I received it on 4/20/05 (yeah, 12 days from Illinois to Arizona??? Puhleeze)

I sent a C & D, basically saying "don't EVEN think about putting it on his CR as I have copies of his CR's back 3 years, and the debt didn't appear when we got our mortgage in 6/01" - and also used WhyChat's letter - quoting both FL and Arizona Statutes, and the fact that Arizona's SOL is also a Statute of Repose (got that from someone else on another forum).

This debt fell off my husband's CR in early 2000. (last communication from original creditor was in 1992, the last time we ever heard ANYTHING from anyone - CA or OC - was back in early 1993. In my 10 years of past records, I have no paperwork on this debt - paperwork only goes back to 1995)

I sent the letter out on 4/30/05.

To date, Merchants STILL has not signed for it. I've been tracking this on usps.com for the past 10 days - and nothing!!

So - am I "safe" within the 30 days?

Since I sent a C & D and NOT a "DV" letter - are they going to "assume" my 30 days is now over? It seems to me they are playing some kind of game here - not picking up CMRRR's from people until their original contact letter date is well past 30 days.. then saying they never got anything.


Please advise!

Thanks!

KH

 

[cmorris]

You can send a cease and desist or debt validation letter anytime, not just the first 30 days.

If they sign for it, they have to comply with it--no matter how long it takes them.

 

[Ladynred]

You have the proof that you DID mail it within the 30-day period. Was the letter sent to a po box ??

 

[klhofbauer]

You have the proof that you DID mail it within the 30-day period. Was the letter sent to a po box ??

Hi LadynRed,

Most definitely. Have the CMRRR receipt, stapled to the letter I sent, along with their letter & original envelope. Postage stamp on the cmrrr receipt, etc.

Have not received any green card back, and it was mailed to a street address, not a PO Box.

This is all that it says on the usps.com website:

Your item was accepted at 9:06 am on April 30, 2005 in GLENDALE, AZ 85302. Information, if available, is updated every evening. Please check again later

every day.... that's all I get from the post office updates. Believe me, if the PO sends it back unclaimed, I will be holding on to it.

QUESTION: should I send out a second notice? Would that indicate I am attempting to get information and/or notify this CA/JDB???


Highly annoying honestly. I'm just afraid they will try and sue, though .... **correct me if I am wrong** in AZ, they cannot sue, as the statute of repose considers a debt past the sol obselete and non-existant??? (with my lack of legalese this is how I understand a repose to mean)

Thanks,

KH

 

[Ladynred]

There's really no need to send another letter.

If the debt is past the 3 year SOL for legal action in AZ, then you have a defense IF they sue. I'm not aware of it being illegal for them to sue on a time-barred debt in AZ though.