I can't remember if this is continued collection efforts

[It's On]

I DVd the CAs on my reports and one did a hard pull; they have never done one before. So, it is correct to look at it as continued efforts?

[ICANHASMUNY?]

they are allowed to view your reports for collection; it's a permissable pull.

 

it's only continued collection if they start reporting after you DV.

 

if they report before you DV, they only have to mark disputed.

[It's On]

Ok, thank you. I remember there being a 'debate' on CB of whether or not a hard was considered PP (in this case), since they can see everything just fine with a soft.

Edited January 30, 2010 by It's On

[centex]

Had you received anything else from the entity? If not, did your letter specifically address that you had received nothing else from them (you know, so that you could create a baseline for the thirty-day window that you were not previously afforded)?

[It's On]

Unfortunately, I have received communications from them before (before I found this site). They sent me a letter saying that they were looking into the matter and to give them time, ha, they're cute.

_____________________________________________

 

Centex, I looked on the OCC website to see if National Credit Systems was licensed in TX, but did not see anything for them. Do you have any insight regarding their license status. I debt validated them and they were able to produce the first and last page of my signed lease

[It's On]

Nevermind Centex, this is what I found:

 

Here's what I just pulled off the Texas Secretary of State site:

 

 

Principal Name: National Credit Systems Inc (fka Southeastern Credit Systems Inc) # 31

Address: 3800 Camp Creek Pkwy Bldg 1800 Suite 110

Atlanta, GA 30331-

File Number: 970471

Status: Canceled Close File

Date Filed: 8/25/1997

Cancellation Date: 9/24/2005

Phone: (770) 968-1050

Bonding Company: Travelers Casualty and Surety Company of America

Bond No: 775224330TX

[fdj]

Unfortunately, I have received communications from them before (before I found this site). They sent me a letter saying that they were looking into the matter and to give them time, ha, they're cute.

 

I'm not clear on the time-line here.

When did you first hear from them? When did you first contact them and what did that contact consist of? When did they send you a letter saying they were looking into the matter? When did you DV them?

 

If they pulled after your DV but before validating the debt, I would say their pull is continued collection activity (what other business would they have for looking at your report?), but if your DV was not sent to them within the initial 30-day window it doesn't matter since you waived your FDCPA right to dispute the debt.

Edited February 9, 2010 by fdj

[centex]

Nevermind Centex, this is what I found:

 

Here's what I just pulled off the Texas Secretary of State site:

 

 

Principal Name: National Credit Systems Inc (fka Southeastern Credit Systems Inc) # 31

Address: 3800 Camp Creek Pkwy Bldg 1800 Suite 110

Atlanta, GA 30331-

File Number: 970471

Status: Canceled Close File

Date Filed: 8/25/1997

Cancellation Date: 9/24/2005

Phone: (770) 968-1050

Bonding Company: Travelers Casualty and Surety Company of America

Bond No: 775224330TX

 

I'm seeing other entries for National Credit that are presently active...

[It's On]

Nevermind Centex, this is what I found:

 

Here's what I just pulled off the Texas Secretary of State site:

 

 

Principal Name: National Credit Systems Inc (fka Southeastern Credit Systems Inc) # 31

Address: 3800 Camp Creek Pkwy Bldg 1800 Suite 110

Atlanta, GA 30331-

File Number: 970471

Status: OCanceled Close File

Date Filed: 8/25/1997

Cancellation Date: 9/24/2005

Phone: (770) 968-1050

Bonding Company: Travelers Casualty and Surety Company of America

Bond No: 775224330TX

 

I'm seeing other entries for National Credit that are presently active...

 

Ooh, you're correct thank you. I think I was just too excited to see that and at that moment didn't think to scroll down the page. Don't wanna go around quotin' incorrect information. Here's the correct info:

 

Principal Name: National Credit Systems Inc # 1

Address: 3800 Camp Creek Pkwy Bldg 1800-110

Atlanta, GA 30331

File Number: 20050169

Status: Active

Date Filed: 7/14/2005

Cancellation Date:

Phone: (404) 629-9595

Bonding Company: International Fidelity Insurance Company

Bond No: 0406543

[It's On]

Unfortunately, I have received communications from them before (before I found this site). They sent me a letter saying that they were looking into the matter and to give them time, ha, they're cute.

 

I'm not clear on the time-line here.

When did you first hear from them? When did you first contact them and what did that contact consist of? When did they send you a letter saying they were looking into the matter? When did you DV them?

 

If they pulled after your DV but before validating the debt, I would say their pull is continued collection activity (what other business would they have for looking at your report?), but if your DV was not sent to them within the initial 30-day window it doesn't matter since you waived your FDCPA right to dispute the debt.

 

 

fdj,

 

yeah, back in 2004 I defaulted on some furniture and they took over the amount owed ( I don't know if it is correct or not) and in the past they sent me a collection letter (2007). Since finding this site, I've sent them a TFC DV letter (2010). After receiving my TFC Dv letter is when they pulled a hard of my credit.

 

Thank you for your clarification.

[centex]

Unfortunately, I have received communications from them before (before I found this site). They sent me a letter saying that they were looking into the matter and to give them time, ha, they're cute.

 

I'm not clear on the time-line here.

When did you first hear from them? When did you first contact them and what did that contact consist of? When did they send you a letter saying they were looking into the matter? When did you DV them?

 

If they pulled after your DV but before validating the debt, I would say their pull is continued collection activity (what other business would they have for looking at your report?), but if your DV was not sent to them within the initial 30-day window it doesn't matter since you waived your FDCPA right to dispute the debt.

 

OP is in Texas...FAR better protections than federal statute affords. One can dispute at ANY time and there are obligations for action by the third-party. AND...if one litigates using Texas law, there are NO caps on damage awards.

[Jaymes]

if your DV was not sent to them within the initial 30-day window it doesn't matter since you waived your FDCPA right to dispute the debt.

 

Actually, you don't waive your rights to dispute if you fail to respond with in 30 days. What you waive is the requirement that they cease collection activity.

[My life is a mess]

Maybe under federal law the 3rd party collector is allowed to continue collection activity, however the OP contacted the 3rd party debt collector under the protection of the Texas Finance Code, 392.202 states:

 

"If the third-party debt collector reports information related to the dispute to a credit bureau, the reporting third-party debt collector shall initiate an investigation of the dispute described by Subsections (-(e) and shall cease collection efforts until the investigation determines the accurate amount of the debt, if any."

 

If my interpretation is correct ,the 3rd party collector must cease all collection activity until they reply to the debtor with an answer. Additionally, the 3rd party has further oblligations after investigating OP's claim. I do not know if a hard pull is considered collection efforts, and I have never seen any case law to define the hard pull under Texas law.

[It's On]

Thanks everyone for your inputs, I appreciate it