hippie1120

Ridiculous! You don't happen to be in Texas, do you? If so, you have the TFC to back you up and it appears to get good results. I am about to find out for myself.

CCA did the same thing to me. And I don't even owe AT&T anything (they're my cell phone provider)! Someone used my cell phone account to order themselves some new phones, not knowing that AT&T would send them to my address only. I sent them back, all was resolved, and then these jacka$%es from CCA place an account on my reports (2 on Equifax). I'm about to hit 'em with the Texas Finance Code.

Letter I drafted to the underwriter for the CA that is bonded: November 15, 2009 RE: XXXX CA, Surety Bond #XXXXXXXX XXXXXXXXXXX 3910 XXXXXXXX XXXXXX, MD XXXXX Phone: (XXX) 261-XXXX Dear Underwriter : Please find the enclosed copy of a letter sent this date to XXX CA, in XXX, PA. The Texas Secretary of State has indicated that your offices provide the coverage in the form of a surety bond that is required under the relevant portions of the Texas Finance Code, and that your bond coverage took effect on or about 10/29/2003. Notice is being afforded to your offices so that you may be aware of a potential claim against the bond should the matter move to litigation. Your firm will be named as a defendant if litigation becomes necessary. The enclosed letter will provide you with a synopsis of the facts at issue, but in a nutshell, XXX CA is attempting to collect on a debt that they may not have the authority to collect on. Pursuant to the Texas Finance Code, Section 392.202, they have 30 days from my request to provide me with proper validation; failing that, they must delete the tradeline from my credit reports per my request. If you should have any questions, please do not hesitate to contact me at the address reflected below. I will certainly keep in touch with your offices with any pertinent communication from your client. Respectfully yours, XXXXXXXXXXXXXXXX Again, borrowing heavily from walter and centex. Is this sufficient, you think? Thank you in adavance for any feedback!

I'm always partial to dealing with an agency HQ unless I have an 'in' somewhere else...and while I DO know people over there, none do consumer stuff. I value your opinion, so the Austin office it is! Anyone in particular that you would recommend?

I do not have a contact, I just figured I should send my information to the regional office. Should I do that, or send it to Austin? I am drafting the OAG letter right now. And starting to find this process very exciting!

Okay, here is my letter to the CA that has no bond in place. I just did some slight tweaking. Thoughts? November 14, 2009 RE:Your Collection Account # 1124XXXX Listed on My Experian, Equifax/CSC, and Transunion Credit Reports XXXXXXX 700 XXXXXXXX XXXX, XX XXXXX (XXX) 681-XXXX To Whom It May Concern: I recently reviewed the above referenced credit reports and noticed that your firm has placed a collection account entry on each of them (two entries on Equifax/CSC were noted under the above account number). I have never received any communication, written or otherwise, from your company. I am likewise aware that your company is a collection agency. I am not aware of any collection debt I owe to your firm, and I dispute your alleged debt and require your substantive validation. You damage my credit rating by reporting inaccurate information, and this impacts my life on many levels, such as housing and employment Per Section 392.202 of the Texas Finance Code, you have thirty days from the receipt of this letter (as evidenced by the signature on the certified mail form) to properly validate this debt. Absent a validation of the claim within the thirty days specified by Texas law, I require any tradelines connected to this claim that are being reported to any credit reporting agency be deleted. The account number you have reported to a credit bureau is included and should provide you with sufficient information with which to identify me in your existing records; there should be no reason for you to request additional information from me in the validation process. As the injured party, it is not my responsibility to build your files for you, nor should I pay a penalty in the form of a reduced score for your attempts to reconstruct records which you should already have possessed prior to making any claim. Nothing in this letter authorizes a “hard†or “soft†pull on my credit reports; if such retrieval is discovered to have occurred, it will be evaluated for action as a non-permissible access of the report, as well as retaliatory actions for the exercise of rights provided to me as a consumer under Texas law. In addition to the reporting requirements incumbent upon third-party debt collectors, Texas law also contains a bonding requirement. A search of the list of bonded agencies provided to me by the Legal Support Unit/ Statutory Documents Section of the Secretary of State did not support that a bond was in place at the time your office claims to have reported the file. This is a direct violation of Texas Finance Code, Section 392.101, which specifically prohibits debt collectors from engaging in debt collection activity (which includes reporting a tradeline) without having a surety bond in place with an authorized insurer and on file with the Secretary of State. Due to this blatant violation, the Office of the Attorney General of the State of Texas is getting a copy of this letter so that they may be informed of your disrespect for Texas law. Please be aware of the fact that venue for any action will be in accordance with the provisions of the prevailing statutes of the State of Texas. There are no federal questions being raised in this matter and any attempt to remove an action to the United States District Court for the Southern District of Texas will be challenged. Please do not call me as phones are inconvenient for me and calls at work are not allowed. Only written communication is permitted. Any phone conversations will be recorded. Let me be very clear that if you further violate the laws of Texas that you are required to obey or further disregard my rights as a resident of Texas, I am prepared to take swift action to remedy said violation. Cordially, XXXXXxx "NOTICE TO AGENT IS NOTICE TO PRINCIPAL -- NOTICE TO PRINCIPAL IS NOTICE TO AGENT. Applicable to all successors and assigns" CC: Office of the Attorney General of the State of Texas 808 Travis, Suite 1520 Houston, Texas 77002-1702

Thank you, Centex! I am not leaving out the underwriter, I have them cc'd. I guess it might be clearer if I specify that I am including a copy of the letter to the underwriter? I also did not mean to imply that I had no other obligations. Perhaps if I change "I am not aware of any collection debt I owe to any entity, much less your firm, and I dispute your alleged debt and require your substantive validation." to "I am not aware of any collection debt I owe to your firm, and I dispute your alleged debt and require your substantive validation."? So far, only 1 of 3 CA's have a bond in place! One CA began collection activity in 8/2008 but had no bond in place until 11/2008. Another CA just plain doesn't have one. Guess the OAG gets a copy of my letter on these two! Thank you again for your input!

Okay, I just drafted my first letter to the CA/JDB (not the collector I referenced a few days ago, I am still weighing my options there). Please tell me what you think. And big thanks to walter and centex, from whom I borrowed heavily (but not too heavily, I hope!). November 14, 2009 RE:Your Collection Account #XXXX Listed on My Experian, Equifax/CSC, and Transunion Credit Reports XXXXXXXXXX PO BOX XXXX XXXXXXXX,XX (XXX) 614-XXXX To Whom It May Concern: I recently reviewed the above referenced credit reports and noticed that your firm has placed a collection account entry on each of them. I have never received any communication, written or otherwise, from your company. I am likewise aware that your company is a collection agency. I am not aware of any collection debt I owe to any entity, much less your firm, and I dispute your alleged debt and require your substantive validation. You damage my credit rating by reporting inaccurate information, and this impacts my life on many levels, such as housing and employment Per Chapter 392.202 of the Texas Finance Code, you have thirty days from the receipt of this letter (as evidenced by the signature on the certified mail form) to properly validate this debt. Absent a validation of the claim within the thirty days specified by Texas law, I require any tradelines connected to this claim that are being reported to any credit reporting agency be deleted. The account number you have reported to a credit bureau is included and should provide you with sufficient information with which to identify me in your existing records; there should be no reason for you to request additional information from me in the validation process. As the injured party, it is not my responsibility to build your files for you, nor should I pay a penalty in the form of a reduced score for your attempts to reconstruct records which you should already have possessed prior to making any claim. Nothing in this letter authorizes a “hard†or “soft†pull on my credit reports; if such retrieval is discovered to have occurred, it will be evaluated for action as a non-permissible access of the report, as well as retaliatory actions for the exercise of rights provided to me as a consumer under Texas law. In addition to the reporting requirements incumbent upon third-party debt collectors, Texas law also contains a bonding requirement. A search of the list of bonded agencies provided to me by the Legal Support Unit/ Statutory Documents Section of the Secretary of State did support that a bond was in place at the time your office claims to have reported the file. Records indicate that the bond is underwritten by Company XYZ (policy # XXXXXXXX) and involvement of their claims personnel has been deferred pending your compliance with the issues contained in this letter. Please be aware of the fact that venue for any action will be in accordance with the provisions of the prevailing statutes of the State of Texas. There are no federal questions being raised in this matter and any attempt to remove an action to the United States District Court for the Southern District of Texas will be challenged. Upon a favorable finding in the Harris County courts, claim will be made against the bond. Please do not call me as phones are inconvenient for me and calls at work are not allowed. Only written communication is permitted. Any phone conversations will be recorded. Let me be very clear that if you violate the laws of Texas that you are required to obey or disregard my rights as a resident of Texas, I am prepared to take swift action to remedy said violation. Cordially, Me "NOTICE TO AGENT IS NOTICE TO PRINCIPAL -- NOTICE TO PRINCIPAL IS NOTICE TO AGENT. Applicable to all successors and assigns" CC: Company XYZ 3910 XXXX Rd. XXX, XX XXXXX Phone: (XXX) 261-XXXX Thoughts? Suggestions? Thanks in advance!

I know a Nigerian prince who wants to give you a million dollars...he just needs your bank account number.

Mom always said I handle money just like my dad and it drives her crazy... Wonder when gene therapy will be available for my condition?

Thanks, Beedix. One of their own employees actually called my best friend on Saturday and told him that if I didn't get in touch with them, they would be forced to go down to the DA's office and file charges! I can't believe any collector in this day and age is so irretrievably stupid to say such a thing! I've done some more investigating and found that the address listed on their website is an apartment complex! They're also being sued in Illinois for violating the FDCPA. Ah, good times. So glad I found this thread!

bump

Okay, I have read this thread a few times now and am STILL digesting. I have some old TL's that I know I can get deleted with this. Here is the issue at hand: I received a written letter from a third party debt collector here in Houston identifying themselves as a law firm and telling me that I breached a contract with their client and could face jail time for breaking state law for "theft by service". The OC was a signature loan place with whom I took out a small loan and paid some back, but once my husband got laid off, that was it. They wouldn't work with me and now they have hired these salamander third party collectors, whose own website identifies them as a CA. None of the employees who have contacted me are attorneys, and they are not bonded here in Texas to collect (I called Nina Weston at the SOS's office to be completely sure). I sent them a DV, which they received 10/14, and decided to play dumb. I didn't let them know I knew they were not attorneys, nor did I invoke federal or state law. I simply asked them to send me evidence of their "right to do business in Texas" and "a complete history of my account with their client". I also told them not to call me. Well, they call me at work and home, and have yet to send me what I asked for. I do not answer the phone, but let them leave messages, which interestingly enough, have gotten less threatening since my letter was received (now the people who call are "investigators w/XYZ Law Firm" ). So, do I send them another letter invoking the TFC? Or just get an attorney like Bud Hibbs and take them to court for blatantly breaking both state and federal laws with their misrepresentations and threats? Your opinions are greatly appreciated!

Doh! Y'all are right! Okay, Texas Finance Code pretty much covers that then. TFC binds OC's to the same standards that FDCPA does to CA's. So, am I being uber-ballsy in a BAD way or a GOOD way to demand they erase the debt?

Okay, long story short, part of our credit troubles stem from payday loans. They were all CSO's, and therefore legal in Texas. When my husband lost his job, there was just no way to keep paying them. So I contacted the storefronts to let them know what happened, then sent letters CMRRR to their corporate offices requesting account numbers and addresses to send payment to when we were able to pay. I also very clearly specified NOT to contact us by phone, only by US mail. Well, FCA has been calling us and leaving messages for about the last week. This, in my mind, violates the FDCPA and I am thinking about writing them and saying "you're violating the law. I could sue you, or you could forgive the debt I owe you with a promise to never put it on my credit report or sell it". Am I completely crazy to do this or do you think it could work? The debt is small, under $500, and I have paid them WELL over the amount I originally borrowed! Thanks for any help!