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walterg55

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

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y'all NEED to be looking at the underwriters in this stuff. Complaints to the AG or the FTC *might* get a response, but the underwriters are the ones that provide the quickest leverage PROVIDED that the letter outlined the potential liability under the TFC and BCC *AND* invoked the specific provisions of the TFC.

 

Use letters that are tailored to the subject.

 

 

Update on this: I received a letter back from the underwriter saying they didn't know this company but when I called them directly and gave them the bond number, they said that CMI is bonded w/them. Also, CMI has not budged.

 

Kinda humurous, if you ask me, that the company could not find them with the bond number having been in the header information (the RE: line) of the letter.

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Now that they know they are bonded with them, maybe they will help CMI. When did you give them the new info?

 

 

I called this morning and their letter was dated March 20 (the same day they said they had received my letter).

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"If they don't verify the account within the 30 days, the CRA's must delete."

I thought this is the case with all states? This was actually a technique that the Collection agency told me to use to have the account deleted. She said dispute and we won't verify, so it will be deleted.

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I would give the underwriter a week or so to put some pressure on CMI.

 

Also, they dont have to validate within a certain time frame unless your state affords you that protection.

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I've had this thread bookmarked for when I needed it in the future, and the future came today when TransUnion apparently restored a backup tape and dredged up all kinds of entries on my report I've never seen before.

 

I plan on sending this letter to each CA on my TU report, and will also send a similar letter to TU listing each collection "en masse." Any advice on if this method will work or if this letter sounds proper?

 

 

Re: Your account number 123454, regarding Random OC

 

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

 

April xx, 2007

 

To Whom It May Concern:

 

This letter concerns a collection account you placed on my credit report which was recently discovered during a routine review of my credit. The account number and original creditor are listed above for your reference, which should be sufficient for you to identify me.

 

I am disputing the accuracy of this entry and requesting an investigation, pursuant to Texas’ debt collection law (Finance Code section 392.202, specifically). It is expected that, within 30 days of the receipt of this letter, as provided on the Return Receipt card from the United States Postal Service, your office either provides the necessary documents for validation of this entry, or removes this entry from my credit report.

 

In addition, please make all communications regarding this matter to me in writing.

 

Sincerely,

 

wes m

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I would go back and add in a "it is inconvenient to contact me anywhere via phone". I would also look at some of the sample letters as you need to give notice of using the Texas DTPA and other needed acts within Tx Statues.

 

I would also tell them that they will delete and close this file with thier agency if they dont validate within 30 days.

 

Hope that helps. Maybe Centex will post her thoughts.

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The two essential keys are invoking the TFC provisions and specifically requesting the matter be deleted if the investigation cannot be completed. Many people in Texas fail to do both.

 

Would you mind explaining what you mean by "invoking the TFC provisions"? I would really appreciate it.

 

It means specifically seeking action in accordance with the Texas Finance Code. In other words, the letter requests certain actions in accordance with Texas law, not federal law.

 

 

So basically you'd need to say something to the effect of "In accordance with Texas Finance Cod 292.202 (or whatever it was), I demand you delete the tradeline(s) in question if you are unable or unwilling to provide validation of this debt within 30 days."

 

? :(

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The two essential keys are invoking the TFC provisions and specifically requesting the matter be deleted if the investigation cannot be completed. Many people in Texas fail to do both.

 

Would you mind explaining what you mean by "invoking the TFC provisions"? I would really appreciate it.

 

It means specifically seeking action in accordance with the Texas Finance Code. In other words, the letter requests certain actions in accordance with Texas law, not federal law.

 

 

So basically you'd need to say something to the effect of "In accordance with Texas Finance Cod 292.202 (or whatever it was), I demand you delete the tradeline(s) in question if you are unable or unwilling to provide validation of this debt within 30 days."

 

? :dntknw:

 

 

You won't find many cod around here, but I guess a claim under gulf red snapper might work :yu::D But yes, basically you outline that the modification requested is the deletion of the tradeline.

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The two essential keys are invoking the TFC provisions and specifically requesting the matter be deleted if the investigation cannot be completed. Many people in Texas fail to do both.

 

Would you mind explaining what you mean by "invoking the TFC provisions"? I would really appreciate it.

 

It means specifically seeking action in accordance with the Texas Finance Code. In other words, the letter requests certain actions in accordance with Texas law, not federal law.

 

 

So basically you'd need to say something to the effect of "In accordance with Texas Finance Cod 292.202 (or whatever it was), I demand you delete the tradeline(s) in question if you are unable or unwilling to provide validation of this debt within 30 days."

 

? :dntknw:

 

 

You won't find many cod around here, but I guess a claim under gulf red snapper might work :D;) But yes, basically you outline that the modification requested is the deletion of the tradeline.

 

 

:rofl:

 

Eh, you knew I meant Code. :beee:

 

I didn't realize when I responded that this was a 5 page thread (I can be very clueless at times)...But was just trying to help with the question about clarifying how to invoke it with some basic-type sentence. If I'd realized the thread was so long, I wouldn't have responded. :yu::lol:

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:)

 

Eh, you knew I meant Code. :)

 

Yeah, but how often do we get to have fish humor in a Texas thread?

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:)

 

Eh, you knew I meant Code. :)

 

Yeah, but how often do we get to have fish humor in a Texas thread?

 

 

Depends on if ya live in Corpus Christi or Abilene :beee:

 

*shudders* I can only imagine the CA's being referred to as the Dogfish. :lol:

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This is a great post. I went to the Texas Secretary of State webpage and did a search in the Statutory Documents Section under the Debt Collector Bond Search section looking for the the name of a certain Debt Collector and the name of an Attorney in the Debt collection business and the results came back with nothing.

 

Has anyone used that search before and what were the results?

 

Thanks

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This is a great post. I went to the Texas Secretary of State webpage and did a search in the Statutory Documents Section under the Debt Collector Bond Search section looking for the the name of a certain Debt Collector and the name of an Attorney in the Debt collection business and the results came back with nothing.

 

Has anyone used that search before and what were the results?

 

Thanks

 

Not all attorneys are required to have a bond. As to the search, the biggest problem people often encounter is not using the wildcard parameters correctly...I have located several in the database that people swore did not exist, and that includes the days before the database was online (back when we would get it in Excel format from Nina).

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This is a great post. I went to the Texas Secretary of State webpage and did a search in the Statutory Documents Section under the Debt Collector Bond Search section looking for the the name of a certain Debt Collector and the name of an Attorney in the Debt collection business and the results came back with nothing.

 

Has anyone used that search before and what were the results?

 

Thanks

 

Not all attorneys are required to have a bond. As to the search, the biggest problem people often encounter is not using the wildcard parameters correctly...I have located several in the database that people swore did not exist, and that includes the days before the database was online (back when we would get it in Excel format from Nina).

 

Being a little of a techno-salamander I find it easier to just look at active, inactive, or pending cancellation and then page thru since they are alphabetical. Time consuming yes but I am more confident with the results.

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I used to look it up by state. I found one that I cant find and am sending it to Nina to get a certificate that they dont have a bond.

 

Centex - May I pm you about this?

 

Thanks

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I used to look it up by state. I found one that I cant find and am sending it to Nina to get a certificate that they dont have a bond.

 

Centex - May I pm you about this?

 

Thanks

 

I guess so...don't see why not.

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In texas is it true that all collection agencies can only report for SOL 4yrs? What about when the CA update a collection account I have a

few accounts that were reported a while back and every month are updated as 120 days late.

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Does Texas law provide any "guidance" as to what makes up proper validation? I'm getting ready to knock the really sticky baddies off my report by using Texas law, and I want to be prepared if they come back with the all-too-common "letter on CA letterhead" claiming I owe the debt.

 

I intend to use the initial 30-day letter I wrote above (with some modifications, namely the "inconvenient" telephone provision, and spelling out that I am using my rights under Texas Finance Code section 392). If there is no response, on the fifth business day (after getting a copy of my credit report, of course), send another notice giving them 10 days to reply. After that, ITS.

 

This is going to be fun... I've never gotten to the "no response after 30 days" step before, so I'm a little skittish. :good: All of these are within SOL, but since there's virtually nothing else they can do to me (I'm relatively judgment proof), if they keep being sticky, I'll arrange a PFD...

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Does Texas law provide any "guidance" as to what makes up proper validation? I'm getting ready to knock the really sticky baddies off my report by using Texas law, and I want to be prepared if they come back with the all-too-common "letter on CA letterhead" claiming I owe the debt.

 

No, and that has as much as anything to do with the simple fact that proving up a debt is not the same set of documents for every debt. There is no single standard. The best rule of thumb is to determine whether a Court would find whatever was provided as compelling evidence that the amount of the claim was correct.

 

I intend to use the initial 30-day letter I wrote above (with some modifications, namely the "inconvenient" telephone provision, and spelling out that I am using my rights under Texas Finance Code section 392). If there is no response, on the fifth business day (after getting a copy of my credit report, of course), send another notice giving them 10 days to reply. After that, ITS.

 

You need to ensure that you adhere to the 60-day right to cure that is present in the DTPA, otherwise you potentially limit significantly any damages you might be entitled to...

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So, inital letters are sent. If I have no validation after 30 days, do I wait until 60 days to remind them so that they have enough time to cure under DTPA?

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So, inital letters are sent. If I have no validation after 30 days, do I wait until 60 days to remind them so that they have enough time to cure under DTPA?

 

 

Done properly, the letters will have already given them AND the underwriter the required 60 day notice, hence on day 61 you would be ready to file in the Clerk's office. However, I have yet to have any third party that wanted to risk going to court.

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