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walterg55

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

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Update:

 

Unifund is sticking like Glue.. the UW is supposed to call me back tomorrow. 60 day cure date is 5/25

 

Asset: Called UW for status, awaiting call 60 day cure is 5/25

 

Arrow: Need to call UW

 

Centex: If no response by next Friday, is ITS the next step?

 

Thanks

 

The invocation of the TxDTPA in the letter served the purpose of the ITS. If push comes to shove, then you head to the courthouse and file with the Clerk.

 

I'm a little surprised to hear of the problems. I never had one drag out like y'all are describing. Even Unifund was gone within less than a month of my learning about them. Arrow was gone before I began including underwriters in the equation. Never had to deal with Asset.

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Both Underwriters have called and faxed me back. I am on a business trip so I shall work with them tomorrow.

 

I hope this means that they will "talk" to their clients about their actions and remove these babies. Otherwise it is off to the Court House I go.

 

I guess I need to check and see what the filing fees are. :clapping:

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Wealth of information in this thread! My DV letter went from a simple generic validation letter to a full 2-page letter!

 

In one of my threads, centex advised that I may want to send a cover letter to the underwriter. How can I find this information? I looked at the Sec. of State site (Debt Collector Bond Search) and entered in the information I have, but no records are returned. If I'm looking for a CA in IL, do I need to go to the IL site?

 

For the record, I'm looking for:

AFNI

P.O. Box 3427

Bloomington, IL 61702

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Wealth of information in this thread! My DV letter went from a simple generic validation letter to a full 2-page letter!

 

In one of my threads, centex advised that I may want to send a cover letter to the underwriter. How can I find this information? I looked at the Sec. of State site (Debt Collector Bond Search) and entered in the information I have, but no records are returned. If I'm looking for a CA in IL, do I need to go to the IL site?

 

For the record, I'm looking for:

AFNI

P.O. Box 3427

Bloomington, IL 61702

 

 

AFNI actually has an underwriter that is pretty easy to work with. Even their in-house counsel is not difficult if you are willing to use your telephone.

 

Found: 1 Displayed: 1

Principal Name: AFNI Inc (fka Anderson Financial Network Inc)

Address: 404 Brock Drive

Bloomington, IL 61701-

File Number: 970526

Status: Active

Date Filed: 9/26/1997

Cancellation Date:

Phone: (309) 828-5226

Bonding Company: Travelers Casualty and Surety Company of America

Bond No: 775224183TX

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I am in Texas, and I am attempting to DV CA's to delete tradelines reporting on all 3 credit bureaus and I am going to excercise my rights under the TFC and TX DTPA, should I dispute with the CRA's first or not, or does it matter?

 

Also there are tradelines that are out of SOL, but still reporting on my CR, should I dispute these with CRA's or send DV letters to the CA?

 

A response would be greatly appreicated.

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Send the dispute to the CA and then after they sign the green card, then dispute with the CRA.

 

Who are the CA's?

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Would email to Afni's Lisa Anderson count? I know I should've used CMRRR but I didn't think it was going to take this long- assumed a simple phone call and copy of my letter from OC regarding $0 balance would be sufficient.

I sent them an email saying to delete and also told them on the phone when I talked to them months ago. Their TL is still on EQ and they are claiming it's CSC/EQ but CSC is saying Afni is verifying. It's already been acknowledged that there is no valid debt.

 

ETA: I'm a relatively new TX resident- didn't realize that the TX laws were so much better until this thread. Thanks!!!

Edited by elle2075

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Send the dispute to the CA and then after they sign the green card, then dispute with the CRA.

 

Who are the CA's?

 

I truly thank you for your response. I have been reading for a while and the info is so vast and hard to keep up with. I have been building business credit for a little over a year now, but I need to clean up my personal credit to further advance my business and personal goals.

 

The Ca's are CMI, NCO Financial Systems, Pentagroup Financial LLC, Riddle and Associates PC, Southern Management Systems,West Asset MGMT and The CBE Group Inc. I have seen alot of info posted about a few of these agencies.

 

Again, I truly appreciate yours and everyone elses help!

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I would love to know how the process/complaints for a TX county court differ from the state district and federal (especially the complaint- if any).

 

Also - has anyone here sued and used the sec of state to effect service? I was reading a very interesting case on Pacer yesterday where an attny. sent service through the Sec of State to a JDB in another state. The never responded so the plaintiff won 100k + fees. I'm betting salamanders like Afni would just ignore cmrrr from the Sec of State.

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Texas Rules of Civil Procedure specify the conditions that allow you to use the Sec of State for service, you can't just decide that is how you will serve someone. the process of a suit is no different from one court to another but the language, format, timing, motions, allowed actions, etc can and does vary wildly.

 

In Texas, there is not a signifgant difference for creditor/debtor actions between County Courts at Law and District Courts.

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Would email to Afni's Lisa Anderson count? I know I should've used CMRRR but I didn't think it was going to take this long- assumed a simple phone call and copy of my letter from OC regarding $0 balance would be sufficient.

I sent them an email saying to delete and also told them on the phone when I talked to them months ago. Their TL is still on EQ and they are claiming it's CSC/EQ but CSC is saying Afni is verifying. It's already been acknowledged that there is no valid debt.

 

ETA: I'm a relatively new TX resident- didn't realize that the TX laws were so much better until this thread. Thanks!!!

 

Phone conversations never count "if a CA's lips are moving, they are lying". Use Centex's letter (posted in this thread) but modify it for your own use, her's is specific to her situation. CMRRR always with a CA.

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From one Texan to others.......thanks very much for posting all of the great info in this thread. It is very educational and useful. The sample letters pack a great punch. I am so lucky to have been born and raised here.

 

Keep up the good work folks!

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Phone conversations never count "if a CA's lips are moving, they are lying". Use Centex's letter (posted in this thread) but modify it for your own use, her's is specific to her situation. CMRRR always with a CA.

 

 

I have always cmrrr but didn't this time because I thought it would be easy, done deal. Should've known better but to be honest, Afni was trying to followed FDCPA (as best as they know how to) with verbal notice.

When I initially called and explained that all the account charges were adjusted by the OC- they put in dispute on CRA's and got in touch with the OC. For some reason the OC's records were screwed up (but they have since fixed it). Afni "validated" (which wasn't proper, of course, just their statement saying the OC is this and you owe this amount) based on the phone call alone- no cmrrr.

Looking at the TX law, it seems that one could prevail with voice recordings, emails and letters from the CA since it only states that the CA must put things in writing. I may just try it out in court and see how it goes.

 

Have to say- I've read this thread about 6 times already and it's great.

Edited by elle2075

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I had one sticking like crazy no matter what I did. Then I read about the TFC. I sent out a DV letter(citing the TFC) and after 30 days of no response, did it again. After another 30 days of no response I called them(while of course recording it) and asked for a supervisor. I told him that they had one week to delete or I would be filing a 'six-figure' lawsuit in Travis County. I told them they had 2 choices, take the default judgement or send someone down here and explain under oath why they freely broke Texas law, and twice at that. I also said I would not settle once I filed. It was removed the next day.

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Good Bluff or stupid CA. TFC alone, unless you can prove actual damages, not really a "six figure" payday. Did you properly cite DTPA?

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Looking at the TX law, it seems that one could prevail with voice recordings, emails and letters from the CA since it only states that the CA must put things in writing. I may just try it out in court and see how it goes.

 

Doubtful. To get the full effect of the TFC, you must specify what action is required by the CA ie; deletion of the tradeline usually. IMHO you would be required to show proof of such action. Courts are allowed (in Texas) to infer facts from a given set of facts but with emails and phone conversations so easily tampered with or falsified, I doubt a court would go down that path. It is just much easier to follow the letter/cmrrr path.

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Keep in mind, that huge six-figure judgement the Lenihans lost in Dallas/Ft Worth was the straw that broke thier back.

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Keep in mind, that huge six-figure judgement the Lenihans lost in Dallas/Ft Worth was the straw that broke thier back.

 

No doubt but my point remains; in the absence of actual damages. the TFC is not a ticket to retirement. Can you nail a CA and get money/deletion/kill a debt, yes and it is a CA killer. You just have to be willing to be the agressor and not sit back and react to the CA's. TFC, properly used, forces a CA to react to you.

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Sorry I was not clear Walter. I just wanted it off, I was not wanting a big payday. The only reason I was going to sue for that much was because I actually wanted them to have to defend themselves in court under oath. I made it clear if it came off within a week, I was happy. But I did tell them if I went to the trouble to file, I was not going to accept any offer from them to settle it.

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Keep in mind, that huge six-figure judgement the Lenihans lost in Dallas/Ft Worth was the straw that broke thier back.

 

Actually, Lenahan got slapped in the Travis County courts. Somewhere I have that cause number in case any of the locals wanted to go by the Courthouse and look at the Clerk's file. Hibbs or someone used to have the judgment imaged on their site and then took it down, claiming it was no longer relevant.

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Looking at the TX law, it seems that one could prevail with voice recordings, emails and letters from the CA since it only states that the CA must put things in writing. I may just try it out in court and see how it goes.

 

Doubtful. To get the full effect of the TFC, you must specify what action is required by the CA ie; deletion of the tradeline usually. IMHO you would be required to show proof of such action. Courts are allowed (in Texas) to infer facts from a given set of facts but with emails and phone conversations so easily tampered with or falsified, I doubt a court would go down that path. It is just much easier to follow the letter/cmrrr path.

 

 

When I did correspond through email- I specifically requested that the account be removed within 3 days and that they had already had over 30 days notice from my first contact with them.

 

I got a copy of my credit report and I talked to CSC on the phone. Afni hasn't contacted them since April, when they verified so if anyone wants to help me out with a summons/complaint for county court, I would really appreciate it. I am going to file because this is screwing with my security clearance and I just got a whopping 18% interest rate on the new credit card I applied for. They happened to pull EQ. The other brand new credit card I received didn't pull EQ and I got a 10% rate.

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I cited the Texas Finance code in my 1st ever dispute letter to NCO, and haven't heard back from them, but they stopped calling as I requested, and so far not showing on my credit report. Hope it stays off!

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