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walterg55

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

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I do not know if I am posting this in the right forum , but...

 

 

I got a denial back today from Equifax regarding a foreclosure in 2008 on a house in AZ. They said according the Ocwen that "there is no historical account information currently on this account. This creditor has verified to OUR company that the prior paying history is being reported correctly. "

According to AZ State Statutes, with a foreclosure sale, it is to be determined that the debt is satisfed "in full".

From what I understand of FCRA, it is illegal for them to report "foreclosure process started" when the foreclosure process was completed in 2008. And I have sent them documentation of the sale of the property.

It further states that Texas Consumers are entitled to a dispute resolution under the Texas Business and Commerce Code (will cross post this with the TX forum.) I am not yet an official "TX resident" (only after one year) I most definitely now reside and work in TX and am a TX consumer. Can I invoke TX Business and Commerce and DV process even if I live here? I will be a 1-year resident June.

Any suggestions, feedback, helpful links would be greatly appreciated!

Edited by breeze
deleted personally identifying information

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Short and sweet...official TX resident and to put all disputes in one letter. All of the tradelines are out of SOL and obsolete or almost obsolete.

Getting ready to send this draft letter out tomorrow to all three bureaus. Feedback would be appreciated!

 

name

address

5 August 2014

 

Dirt Bag Credit Bureau

 

Re: Report

 

 

 

To Whom It May Concern:

 

Please provide documentation as mandated by Fair Debt Collection Act as well as State of TX Business Finance Code that the following tradelines belong on my credit report, information that is being reported is accurate, that this debt belongs to me and my rights have not been abrogated:

 

HSBC, PO Box 9, Buffalo, NY 14240

high balance $1920.00

 

The Bureaus, Inc, 1717 Central St, Evanston, IL, 60201

recent balance $7030.00

Edited by breeze

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Ill cut right to the point.

You have no clue what you are doing and it is wrong. Sorry.

This letter is wrong and pointless on several levels.

you are attempting, wrongly to DV the CRAs, which you do not do.

 

You have not read the newbies section.

You have not read this thread.

 

If something is obsolete then dispute is as such with the CRAs.

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Thanks, DC Penal, for the feedback. I will go back to the newbies section and the posts on this thread and PsychDoc's credit intervention guide, and review.

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Go slow, its a marathon not a sprint.

And if that is your Experian report number you have listed in your post above you should probably delete that ASAP.

Everyone here is willing to help just go slow so you do not dig yourself into a hole you do not want to be in.

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Just wanted to share my success story.

Pulled my CR and finally the CA was removed, bumping my score in just weeks 30+ points.


It was a combination of the Texas DV 1-2 punch, numerous disputes to CRA, complaints to BBB and finally ITS to CA and Underwriter.


Thanks to all those in the Texas Mother Thread, especially to Centex and Walterg55.

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I am a TX resident - I have only two derogs on my credit report, one is for medical debt.(will use WhyChat's method to tackle the medical debt). The other is for a very old credit card debt with a CA. I am preparing my letter to the CA. I will be disputing this tradeline with all three bureaus as well, sending out the letter to both CA and Credit Bureaus at the same time. I have been reading so much, my head hurts. If I start a master thread to centralize TX info, requesting links so that perhaps this is easier for the next person, would that be helpful? I know there are a couple of main threads but info contained within gets buried. Is this a helpful suggestion?

 

Anyway, here is my draft, starting this process again to tackle this tradeline, long out of SOL.

 

CMRR

 

Pondscum CA

 

 

RE: Your collection account listed on my credit reports.

Account # 4****

 

To Whom It May Concern:
I was recently alerted by my credit monitoring service about a collection account placed on my credit reports. After reviewing my reports, I noted that your offices are reporting an outstanding amount to the credit bureaus in the amount of $7080.00, with the above account number appearing in the credit report prepared by EX, EQ and TU.

 

I am aware that you are a collection agency. I maintain the position there are no amounts due or owing to you, or to any other entity, in the claimed amount. I dispute the alleged debts in their entirety and request validation of this account through the use of competent legal evidential material which includes some contractual obligation to pay your organization, or that I owe your organization the amount, being reported to the credit bureaus.

In your return correspondence, please include all documents associated with this account including, but not limited to:

  • Agreement with your client that authorizes you to collect on this alleged debt.

  • Proof that this debt was legally transferred from the original creditor to you, the collection agency and the date this transfer occurred.

 

  • Agreement that bears my signature where I promise to pay said original creditor, specifically the dates and type(s) of service provided by the original creditor.

  • Complete payment and or service history on this account, including current balance, original balance and date of original default.

 

As I am Texas resident, I am invoking Texas Finance Code 392.202 and I suggest that you adhere to its provisions. I will not hesitate to act if you disregard my rights or violate the laws of Texas you are required to adhere to. You have 30 days from your receipt of this certified letter to validate this alleged debt.

 

If you cannot, or will not, validate this account properly in 30 days, Texas Finance Code 392.202(d) requires any trade lines associated with this alleged debt must be deleted from any and all credit reports/reporting bureaus you may do business with. You are not to sell, transfer, assign, or share any information about me, or this alleged debt with anyone else.

I am reasonably certain that your staff is aware of the current position of many courts that continuing to report a trade line is viewed as continuing collection activities. I am also reasonably certain that your staff is aware of the requirements of the Texas Finance Code pertaining to the reporting of matters that are disputed. In particular, I would again point you in the direction of Section 392.202 which references the duties of the collector upon notification of the matter being in dispute.

Nothing in this letter authorizes a hard pull or a soft pull of my credit information. 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 basis for you to request additional information from me in the validation process. It is not incumbent upon me, as the injured party, to build your files for you, nor should I pay a penalty in the form of failure to procure credit from existing or new lenders and bear a negative impact on credit scores for your attempts to reconstruct records which you should already have possessed prior to making any claim. 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.

Be advised you are hereby put on the 60 day notice of "right to cure" as allowed under the Texas Business and Commerce Code (BCC17). In addition to the reporting requirements incumbent upon third-party entities, 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 reflect that the bond is underwritten by Hartford Casualty (#83BSBES379) and involvement of their claims personnel has been held in abeyance pending your compliance with the request for validation under the Texas Finance Code.

Failure to timely and fully validate this alleged debt will result in an actionable offense(s) under Texas state law, in which damages will also be sought under § 17.41 Deceptive Trade Practices and are subject under Texas law to a trebling upon a showing gross negligence. Should legal action be necessary, venue shall reside in Travis County, Texas. Upon a favorable finding in the Travis County courts, claim will be made against the bond. There are no federal questions being raised in this matter and any attempt to remove an action to Federal Court will be challenged.

This document is also to serve as notice that the only form of correspondence I am willing to receive from your business is through the written communication at the address listed below. Telephone calls to my home or place of employment are inconvenient. I retain the right to use this correspondence and all following communications in any court proceedings arising in regard to this account.

Xxx
TexasCity, TX xxxxx

Cc: Bond Underwriter Company, ****
Cc: Office of the Attorney General,****

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I've been reading the Texas resources lately, too. I think your letter is too long. I would simplify it and give the CA's attorneys a little more credit about knowing the consequences if they don't comply.

 

I would also go ahead and prepare your second letter, in the case they ignore you, that is a 'NOTICE OF INTENT TO SUE' letter with a draft of the legal pleadings you intend to file if they don't delete.

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Anyone know how to use a similar tactic when it isn't a CA but the actual oc? And not in default? I've scanned for this I "live" in Texas but having issues with AT&T repeated overcharging, paid 775 last month in fictitious over ages. Have gone to FCC and FTC. Bbb is useless, anyone can help? I know texas has strong laws with deception and I'm just trying to avoid EtFs and recover the extortion of monies. Thanks

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