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walterg55

Texas law seems to require CA to Delete if They fail to Respond to DV

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Question on next step(s):

  • DV letter to CA sent via CMRRR. - no validation within the 30 days of the CMRRR 11.17.2011 signature date.
  • Disputed with all 3 CRAs:
  • Rec'd response back from TU that dispute was completed and verified on 11.30.2011.
  • Rec'd response back from EX on 11.29.2011 stating they would be contacting the CA to verify the information.
  • No response rec'd back from EQ.

Do I now need to submit ITS letter due to (currently) 2 violations, or do I need to wait to see what EX and EQ responses are before filing the ITS?

 

Background Intel - this is a very small collection account ($115) that I didn't know existed until I applied for credit - and the bank told me I had a collection on my credit report. I had received nothing in the mail, no phone calls etc.

 

Any guidance / assistance would be greatly appreciated.

 

J

 

 

Start your own thread citing Texas in the header. You will get more answers in that thread.

This topic is for research and informational purposes only.

 

 

You are too slow! It's here http://creditboards.com/forums/index.php?showtopic=481164&st=0&p=4589705entry4589705

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I haven't sent out any DV or 1-2 punch letters yet because I want to make sure I have everything I need included in the letters. A few questions:

 

1) When I go to http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp to search for the three CAs on my reports to see if they are bonded, nothing comes up. And when I say nothing comes up, there are zero results for anything I put in for search paramaters. I've used the wildcards, active, inactive, everything, and I can't get ANYthing to come up for ANY search I've entered (including companies that other CBers have listed in this thread). Am I doing something wrong? I've tried searches in two different browswers (IE and Chrome) if that matters.

 

2) If they are NOT bonded, do I cite Section 392.101 of the Texas Finance Code that prohibits a third-party debt collector from engaging in debt collection in Texas unless the third-party debt collector has obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State (basically saying they're violating Texas law by trying to collect this debt) ***OR*** do I cite the TFC 392 section that deals with the 30 day validation window and to delete.... or both?

 

Thanks in advance!!!

 

EDIT: spelling/clarity

Edited by ebuddog

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Start your own thread on your TX issues. make sure to put Texas in the header. You will get better results.

 

FYI,

 

The TXSOS bond site appears to be either down or not available (for me at least). I have tried several times to check on bonds for CA's that I know were bonded and cannot seem to find anything. I keep getting the "no results found"

 

This thread is usually used for research purposes.

 

 

I haven't sent out any DV or 1-2 punch letters yet because I want to make sure I have everything I need included in the letters. A few questions:

 

1) When I go to http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp to search for the three CAs on my reports to see if they are bonded, nothing comes up. And when I say nothing comes up, there are zero results for anything I put in for search paramaters. I've used the wildcards, active, inactive, everything, and I can't get ANYthing to come up for ANY search I've entered (including companies that other CBers have listed in this thread). Am I doing something wrong? I've tried searches in two different browswers (IE and Chrome) if that matters.

 

2) If they are NOT bonded, do I cite Section 392.101 of the Texas Finance Code that prohibits a third-party debt collector from engaging in debt collection in Texas unless the third-party debt collector has obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State (basically saying they're violating Texas law by trying to collect this debt) ***OR*** do I cite the TFC 392 section that deals with the 30 day validation window and to delete.... or both?

 

Thanks in advance!!!

 

EDIT: spelling/clarity

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The TXSOS bond site appears to be either down or not available (for me at least). I have tried several times to check on bonds for CA's that I know were bonded and cannot seem to find anything. I keep getting the "no results found"

 

 

Call them tomorrow.

Edited by Sandscrit

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I was looking for someone else.

 

 

The TXSOS bond site appears to be either down or not available (for me at least). I have tried several times to check on bonds for CA's that I know were bonded and cannot seem to find anything. I keep getting the "no results found"

 

 

Call them tomorrow.

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Wow, I am impressed at the life of this topic I started. As some know I had a great deal of success with this. I have not and will not be very active in posting or responding going forward. Acouple of comments about why I was successful(I believe there is another thread on court issues that may have more info I posted). 1. After a CA violated TFC, I sent a ITS letter that well crafted and included 2 critical IMHO components (a) A court filing that clearly demonstrated that I knew how to properly prepare and file a lawsuit (instant attention getter) and (B) a settlement agreement simarly well crafted that made clear if I got what I wanted (reasonable) the CA and I were free and clear of any further liability 2. I was completely unafraid to actually file a suit and did. As part of the process I had to sign non disclosure agreements and had nbo problem doing so but felt I could not really be that active. There are several relatively cheap law books from West thatr will provide all the guidance a person needs. Good luck and be aware Texas debtors have a powerful WORKING weapon when properly used

Edited by walterg55

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Yep. YOU created a monster.

 

Credit goes to you for starting the thread. I wish Centex was still around. She had a rather unique way of getting posters to see the "light".

 

If it hadn't been for this thread, I would have never known about the TFC392.

 

My sincerest thanks.

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Yep. YOU created a monster.

 

Credit goes to you for starting the thread. I wish Centex was still around. She had a rather unique way of getting posters to see the "light".

 

If it hadn't been for this thread, I would have never known about the TFC392.

 

My sincerest thanks.

 

There are 4 CA's who wish they had never heard my name but I am glad that I was able to provide some help to others who also have made life difficult for some pond scum. Centex was a great resource to me and others and since I have been absent from the boards (and dont intend to be very active) I dont know why she is gone.

 

Just an observation for a lot of folks dealing with TFC: 1. It's not rocket science so don't complicate the issue. Send a short and sweet letter with the appropriate references to law, when they violate (and they will) send an ITS letter and prepare to do whats necessary. Do that, and you stand a good chance of a win. Way too many of you are overthinking and overly complicating the process.

 

Thanks for the kind words.

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Thanks to walterg55 I have successfully remove one CA with my DV letter!!!!! 1 out 3 so far!! waiting on the other 2.

 

 

thank you to everybody else in this thread for their input!!!

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Thanks to walterg55 I have successfully remove one CA with my DV letter!!!!! 1 out 3 so far!! waiting on the other 2.

 

 

thank you to everybody else in this thread for their input!!!

 

 

Update!!! now is 2 out of 3!!! :clapping:

 

Texas Law has some power :aggressive:

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Thanks to walterg55 I have successfully remove one CA with my DV letter!!!!! 1 out 3 so far!! waiting on the other 2.

 

 

thank you to everybody else in this thread for their input!!!

 

 

Update!!! now is 2 out of 3!!! :clapping:

 

Texas Law has some power :aggressive:

 

..Final update!!! :dance:

 

Finally!! All CA succesfully removed from my Experian report. 3 out of 3!!!! Now it is clean experian report. no baddies at all!!! :yahoo:

 

Thanks to this thread!!! It took 9 days from the day the CA received the DV letter.

 

WOW!!!!!!

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Congrats!!!!!!!!!!!!!!!!!!!! who were the CA's if you don't mind telling???

 

Thank you!!!

 

Credit Service Bureau

Credit Management (CMI Group)

Financial Corp America (this one was a medical bill that was paid using HIPPA program to OC, but CA refused to delete)

 

All of those CA are here in the Good Old Texas!!!

Edited by figueroaw

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Congrats!!!!!!!!!!!!!!!!!!!! who were the CA's if you don't mind telling???

 

Thank you!!!

 

Credit Service Bureau

Credit Management (CMI Group)

Financial Corp America (this one was a medical bill that was paid using HIPPA program to OC, but CA refused to delete)

 

All of those CA are here in the Good Old Texas!!!

 

Darn, I have none of those on my report. I am going after ALPAT for an almost 5 year old acct with Capital one and Certified Recovery for a 2 year old account......... I just have to STRONGLY word my Texas DV.

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Too bad it doesn't apply to original creditors.

 

One quick note, since I saw someone mention the Texas SOS website searching for bonding status: their site search doesn't work like google, so try multiple variations of the collector's name. Some variations that "should" produce the collector actually don't.

 

 

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Hi all! bye1.gif I am so happy I found this forum!

 

I was doing some research today on a CA and read this code just today and was wondering if I could use it. I know this thread is old and the code has been since revised. Is this still a good method to use?

 

 

I am really hoping this works. I have been fighting with a CA who is reporting a collection on my account and REFUSE to verify. Well their version of verifying is sending me a credit application for an account that I was NOT approved for. They didn't send proof of anything (no bills, statements, not even a half arsed attempt to create a DV). I am REALLY hoping this works. I have already DV'd them twice and disputed with the CR and it came back verified.

 

 

Any advice would be greatly appreciated.

 

The CA is Security Credit Services. And, yes, I am in Texas.

 

 

Thanks in advance!

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I used the information from this thread to challenge a completely false charge that was still being reported as disputed. Basically, I followed Centex's guidelines. It worked. I will confirm tomorrow that Kroll removed it, but Transunion did remove it. I requested that the CA send confirmation of reporting it to the CRA but they did not notify us.

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I used the information from this thread to challenge a completely false charge that was still being reported as disputed. Basically, I followed Centex's guidelines. It worked. I will confirm tomorrow that Kroll removed it, but Transunion did remove it. I requested that the CA send confirmation of reporting it to the CRA but they did not notify us.

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I just have a question using the TFC & DTPA methods. I am currently dealing with a collector that is trying to collect on an account that does not belong to me and has been pass the Texas SOL for a few years. They freely admit that they cannot sue due to the SOL but are threatening to place a collection account on my credit reports if I don’t pay up.

 

I’ve already sent them a FDCPA DV letter and am waiting on their response. They are not yet on any of my reports.

 

I realize they can legally place negative account information on my credit report for up to seven years after the DOFD.

However, I have never had a collection agency use the correct DOFD when reporting a new collection account. If they do start reporting and use a re-aged DOFD, it looks like the TFC and TxDTPA would more effective tools for gaining leverage to have them remove the trade lines. So, if they do start reporting and I notice any inaccuracies, should I stop with the FDCPA stuff and rely solely on Texas Laws?

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I just have a question using the TFC & DTPA methods. I am currently dealing with a collector that is trying to collect on an account that does not belong to me and has been pass the Texas SOL for a few years. They freely admit that they cannot sue due to the SOL but are threatening to place a collection account on my credit reports if I don’t pay up.

 

I’ve already sent them a FDCPA DV letter and am waiting on their response. They are not yet on any of my reports.

 

I realize they can legally place negative account information on my credit report for up to seven years after the DOFD.

However, I have never had a collection agency use the correct DOFD when reporting a new collection account. If they do start reporting and use a re-aged DOFD, it looks like the TFC and TxDTPA would more effective tools for gaining leverage to have them remove the trade lines. So, if they do start reporting and I notice any inaccuracies, should I stop with the FDCPA stuff and rely solely on Texas Laws?

 

I would forget about the federal law and only use TEXAS law. More powerful!!! I have removed CA within days of receiving my letter.

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I'm only on page 20 of 37, but I wanted to ask while it's fresh in my mind. I am in Texas and I'm trying to clean up our reports. Question is, the SOL is over, but I want the negatives gone. I've got a couple questions I haven't seen answered....I filed for disputes before now (CRA). As in, last year. The most I've seen happen is that they were marked with "consumer disputes account" on my CR. I guess these people don't automatically delete if they can't find more info, huh? I have been reading the boards as a guest for about a week now, but in the mean time I'd already disputed more of the same stuff AGAIN via website. Do I still go forward sending out validation letters to the CA? They're not set to "fall off" until next year sometime.

 

Another thing, years back I was in a debt settlement program (I know, I know...) and I see that you can get TL removed that were paid to an OC...can you get them removed if they were paid to a CA?

 

How about duplicate accounts? I know I intend to send verification letters, but would it be helpful first to dispute that there are two accounts of the same card? I may be totally off base and it may be legal and okay, but I'm under the impression that it's not allowed. (one is with the OC and another is with the CA)

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I'm only on page 20 of 37, but I wanted to ask while it's fresh in my mind. I am in Texas and I'm trying to clean up our reports. Question is, the SOL is over, but I want the negatives gone. I've got a couple questions I haven't seen answered....I filed for disputes before now (CRA). As in, last year. The most I've seen happen is that they were marked with "consumer disputes account" on my CR. I guess these people don't automatically delete if they can't find more info, huh? I have been reading the boards as a guest for about a week now, but in the mean time I'd already disputed more of the same stuff AGAIN via website. Do I still go forward sending out validation letters to the CA? They're not set to "fall off" until next year sometime.

 

Another thing, years back I was in a debt settlement program (I know, I know...) and I see that you can get TL removed that were paid to an OC...can you get them removed if they were paid to a CA?

 

How about duplicate accounts? I know I intend to send verification letters, but would it be helpful first to dispute that there are two accounts of the same card? I may be totally off base and it may be legal and okay, but I'm under the impression that it's not allowed. (one is with the OC and another is with the CA)

 

Go ahead and start your own thread in the credit forum, and ask all the questions you have. It is rare that we check this thread, as it is usually used as a reference. Start your own thread, and you'll get a lot of answers(be sure to put TEXAS somewhere in the title of the thread), I just happened to notice this thread had bumped, or wouldn't have seen your post.

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That's it, I'm moving to Texas. :P

LOL........maybe you should...... :)

 

Is it possible to take a 2 week vacation to Texas, DV the CA, give it off and then prevail?

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