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walterg55

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

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Thanks Centex! I made sure to reference the relevant statues and to send a courtesy copy to the underwriter. All the letters were signed for on the 26th fo March and the Underwriters got thiers via Priority mail on the same date. I have a reminder set in my outlook when the 30 days is up so that I can hope to expect something by then.

 

I already had one CA not respond within 30 days but send validation within 60 days. They are not reporting and seem to be collecting on behalf of thier client. They are outside SOL and I am deciding if I should pay the OC - it is my debt and there is that whole karma thing.

 

I just want to make sure that I know the next steps. In the past on day 35, I have sent a letter stating that they didnt meet the requirements of deleting since they failed to send validation within 30 days and then gave additional time to cure while waiting the whole 60 days before acting. However, I never involved the underwriter until this new set of letters.

 

Also, I have an agency that is not bonded but has sent me a letter and is on my report. Nina is working on the certificate to say they are not bonded. What is the best pay to tackle them?

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Also, I have an agency that is not bonded but has sent me a letter and is on my report. Nina is working on the certificate to say they are not bonded. What is the best pay to tackle them?

 

 

Depends on whether they were bonded at the time they last reported anything to the bureaus.

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They were never bonded.

 

That is when they would get my "sh*t or git off the pot" letter...at the expiry of the 60th day, they would be the target of an invitation to come visit scenic Travis County. I might even be so nice as to let them know which street fests we had going on at the time...but my guess is that the invite would go unheeded and the matter would resolve itself before day 60.

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Ah hah, that's why your sample letter above included a notice to the underwriter! I was wondering... So both letters go out at the same time, including notice of the initial 30 days to delete, and notice under the DTPA of the 60 day right to cure? It's a slower process (90 days total, plus suit time) than FCRA/FCDPA, but packs a much greater wallop. :rofl:

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May I ask: how did the mail get to the recepient the same day? Or it was not USP Priority?

 

Thanks Centex! I made sure to reference the relevant statues and to send a courtesy copy to the underwriter. All the letters were signed for on the 26th fo March and the Underwriters got thiers via Priority mail on the same date. I have a reminder set in my outlook when the 30 days is up so that I can hope to expect something by then.

 

I already had one CA not respond within 30 days but send validation within 60 days. They are not reporting and seem to be collecting on behalf of thier client. They are outside SOL and I am deciding if I should pay the OC - it is my debt and there is that whole karma thing.

 

I just want to make sure that I know the next steps. In the past on day 35, I have sent a letter stating that they didnt meet the requirements of deleting since they failed to send validation within 30 days and then gave additional time to cure while waiting the whole 60 days before acting. However, I never involved the underwriter until this new set of letters.

 

Also, I have an agency that is not bonded but has sent me a letter and is on my report. Nina is working on the certificate to say they are not bonded. What is the best pay to tackle them?

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Did you mean to use the word validation or meant verification?

 

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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Would these laws apply if you are now a TX resident, but the original debt claimed occured prior to becoming a TX resident?

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May I ask: how did the mail get to the recepient the same day? Or it was not USP Priority?

 

Thanks Centex! I made sure to reference the relevant statues and to send a courtesy copy to the underwriter. All the letters were signed for on the 26th fo March and the Underwriters got thiers via Priority mail on the same date. I have a reminder set in my outlook when the 30 days is up so that I can hope to expect something by then.

 

I already had one CA not respond within 30 days but send validation within 60 days. They are not reporting and seem to be collecting on behalf of thier client. They are outside SOL and I am deciding if I should pay the OC - it is my debt and there is that whole karma thing.

 

I just want to make sure that I know the next steps. In the past on day 35, I have sent a letter stating that they didnt meet the requirements of deleting since they failed to send validation within 30 days and then gave additional time to cure while waiting the whole 60 days before acting. However, I never involved the underwriter until this new set of letters.

 

Also, I have an agency that is not bonded but has sent me a letter and is on my report. Nina is working on the certificate to say they are not bonded. What is the best pay to tackle them?

 

The letters were sent out sometime the week prior and were signed for on the 26th. The priority mail happened to arrive the same day that the other letters were signed for.

 

Also, your question on now being a TX resident. I think that you have to be here 12 months before you can use the Texas code... but Centex might know that better.

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Doesn't the code have a giant loophole: they could simply timely respond that they are working on it?

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Doesn't the code have a giant loophole: they could simply timely respond that they are working on it?

 

If they are reporting and cannot complete their investigation within the required 30 days, then they MUST modify as requested by the consumer.

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Does anyone know if Portfolio Recovery Associates is bonded in Texas? I looked at one website but can't remember where I have looked before in this situation.

 

They are trying to collect that was sold to them from Midland. Midland had to remove from DH reports after we filed complaints w/ BBB, Federal Trade Commission & Texas attorneygeneral. The ss # they(both Portfolio & Midland) is incorrect & not DH.

 

Midland removed a year ago & his reports were clean now in April---it showed up on TU & EQ from Portfolio & dropped these 2 scores 80 pts.

I just sent out 3rd round of letters to them after rec'd 1st letter from them in dec--sent DV of course they never responded, sent 2nd letterin March after rec'd from them (stating Texas laws on all & that they never DV.) Also sent letters to TU & EQ after getting green back on this letter. Yesterday rec'd what they call DV--not still wrong ss #. So responded to them for 3rd time & filed complaints w/ BBB, Federal Trade & Texas Attorney General (what good these 3 do but atleast we did something)

 

 

ANy help is greatly appreciated here

 

Michelle

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Does anyone know if Portfolio Recovery Associates is bonded in Texas? I looked at one website but can't remember where I have looked before in this situation.

 

If you mean these folks,

 

Principal Name: Portfolio Recovery Associates LLC

Address: 120 Corporate Blvd Suite 100

Norfolk, VA 23502-

File Number: 20020171

Status: Active

Date Filed: 9/26/2002

Cancellation Date:

Phone: (757) 519-9300

Bonding Company: Western Surety Company

Bond No: 929257514

 

then yes...and it sounds like the next thing to do is the papertrail copy to the underwriter since it looks like you did not do so previously.

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Does anyone know if Portfolio Recovery Associates is bonded in Texas? I looked at one website but can't remember where I have looked before in this situation.

 

If you mean these folks,

 

Principal Name: Portfolio Recovery Associates LLC

Address: 120 Corporate Blvd Suite 100

Norfolk, VA 23502-

File Number: 20020171

Status: Active

Date Filed: 9/26/2002

Cancellation Date:

Phone: (757) 519-9300

Bonding Company: Western Surety Company

Bond No: 929257514

 

then yes...and it sounds like the next thing to do is the papertrail copy to the underwriter since it looks like you did not do so previously.

 

 

 

Thanks so much that is them, I will get my letters together now.

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My letters have had no response from either the UW or the CA but the 30 days is up on 25th of march and 60 on May 25th. Will keep you updated.

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You have an excellent point. But it must be requested in consumer's letter!

 

Doesn't the code have a giant loophole: they could simply timely respond that they are working on it?

 

If they are reporting and cannot complete their investigation within the required 30 days, then they MUST modify as requested by the consumer.

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You have an excellent point. But it must be requested in consumer's letter!

 

Doesn't the code have a giant loophole: they could simply timely respond that they are working on it?

 

If they are reporting and cannot complete their investigation within the required 30 days, then they MUST modify as requested by the consumer.

 

Well, DUH...why do you think this whole thread came about? This is an instance where knowing the state laws provides more protection than does the federal statute.

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You are 100% correct. Regretfully, myself and others sometimes have left out such additional requests.

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the accounts on my credit reports appeared while i was living in texas. I've been in florida for 2.5 years. Will the texas law apply to me or is there a florida law with something similar. also since it showed up in texas can i use the texas law.

 

thanks

Edited by sed

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If the CA's are in TX, yes you can. You likely gave up Texas law within some time period in FL. I am not sure if FL is as consumer friendly as Texas.

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I had 3 letters to CRAs addressed & stamped when I saw this topic. I steamed my letters open.

 

It looks like the TFC is the way to go. I live in Texas so I can hit everybody with this.

 

If you do not live in Texas, you can still hit CSC and Experian with the TFC. Texas-based CAs can be hit too.

 

Here's my letter:

 

YOUR NAME
YOUR ADDRESS
YOUR TOWN TX 7XXXX-XXXX

COLLECTION AGENCY
CA ADDRESS
CA TOWN, XX 987654

April 32, 2007

via certified mail # XXXX XXXX XXXX XXXX XXXX

Re: Reference #: 9876543210

Dear COLLECTION AGENCY:  

I dispute the validity of this entire debt. I request validation of this debt. 

Delete this tradeline if you do not have sufficient time to complete an investigation to validate this debt in 30 days. Notify all Credit Bureaus to delete this tradeline.

Provide me with the name and address of the original creditor.

I am invoking Texas Finance Code §392.202 CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES.

A copy of your notice dated April 32, 2007 is enclosed.

Sincerely,

YOUR NAME

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I had 3 letters to CRAs addressed & stamped when I saw this topic. I steamed my letters open.

 

It looks like the TFC is the way to go. I live in Texas so I can hit everybody with this.

 

If you do not live in Texas, you can still hit CSC and Experian with the TFC. Texas-based CAs can be hit too.

 

Here's my letter:

 

YOUR NAME
YOUR ADDRESS
YOUR TOWN TX 7XXXX-XXXX

COLLECTION AGENCY
CA ADDRESS
CA TOWN, XX 987654

April 32, 2007

via certified mail # XXXX XXXX XXXX XXXX XXXX

Re: Reference #: 9876543210

Dear COLLECTION AGENCY:  

I dispute the validity of this entire debt. I request validation of this debt. 

Delete this tradeline if you do not have sufficient time to complete an investigation to validate this debt in 30 days. Notify all Credit Bureaus to delete this tradeline.

Provide me with the name and address of the original creditor.

I am invoking Texas Finance Code §392.202 CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES.

A copy of your notice dated April 32, 2007 is enclosed.

Sincerely,

YOUR NAME

 

 

So how has everyone's response been to all of this? Did you get things deleted, get letters back, etc??

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I thought I would update and ask a question. if Centex has some time to answer I would be eternally grateful!

 

1. Houston Funding removed the entry from my CR but did not respond in writing to me. Does that matter?

 

2. J Graham - Deleted and never responded to my letter

 

3. Asset and Arrow - never responded Underwriter notified - next steps?

 

4. In Aug W&A was calling me all the time leaving automated messages. I sent them an unknown debt letter with a limited C&D - mail only. They never responded. They pulled a hard on the 11th of April and the calls started today with the automated message. I haven't gotten anything in the mail from them and the first call was yesterday so do I wait 5 days and then hit them? do I send a follow up letter to them referencing my letter of 8/06? HELP!

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I had 3 letters to CRAs addressed & stamped when I saw this topic. I steamed my letters open.

 

It looks like the TFC is the way to go. I live in Texas so I can hit everybody with this.

 

If you do not live in Texas, you can still hit CSC and Experian with the TFC. Texas-based CAs can be hit too.

 

Here's my letter:

 

YOUR NAME
YOUR ADDRESS
YOUR TOWN TX 7XXXX-XXXX

COLLECTION AGENCY
CA ADDRESS
CA TOWN, XX 987654

April 32, 2007

via certified mail # XXXX XXXX XXXX XXXX XXXX

Re: Reference #: 9876543210

Dear COLLECTION AGENCY:  

I dispute the validity of this entire debt. I request validation of this debt. 

Delete this tradeline if you do not have sufficient time to complete an investigation to validate this debt in 30 days. Notify all Credit Bureaus to delete this tradeline.

Provide me with the name and address of the original creditor.

I am invoking Texas Finance Code §392.202 CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES.

A copy of your notice dated April 32, 2007 is enclosed.

Sincerely,

YOUR NAME

 

 

So how has everyone's response been to all of this? Did you get things deleted, get letters back, etc??

 

 

What did they delete?

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