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walterg55

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

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This is truly the best thread for Texas residents; thank you to all who have posted on it - especially Centex.

 

If anyone has a CA using Harford for their bonding, I highly recommend contacting them. It appears that they take this very seriously.

 

I sent an initial DV letter to Credit Solutions Corp. without mentioning the TFC etc, but did request a delete in it. I did the 1-2 punch on that and it fell off my credit reports. This was not good enough for me as I wanted something in writing from Credit Solutions Corp. This was a chargeoff from 2003 and felt I needed something more tangbile just in case they tried to sell the account or reinsert. I don't want it to haunt me later.

 

Then I found this thread, and sent another letter to Credit Solutions and also their bond underwriter The Hartford Casualty Insurance Company. I quickly received a letter from Hartford and days later a letter from Credit Solutions actually apologizing. They don't have any records to validate etc and they are certain that it has been deleted from all the CRA's and if I have any problems just contact them.

 

I also received another letter from Hartford stating that Credit Solutions has notified them that this has been deleted and resolved. If I feel that Credit Solutions has not resolved this situation, that I should contact them within 15 days otherwise they will close my claim file.

 

Now if Midland would do the same.....

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I found these 3 books to be absolutely required for any per se litigant in Texas. I purchased them on Amazon for less than $100 total for all 3. No excuse for being suprised by CA scumbag attorney and you will save that much in simple time and aggrevation.

 

1. O'Connors Texas Rules; Civil Trials 2005

Texas civil pretrial, trial, and post-trial procedure explained in plain English. O'Connor's Texas Rules provides the entire Texas Rules of Civil Procedure and Texas Rules of Evidence, both with up-to-date quotations from relevant, controlling cases. Also included are the Texas Rules of Appellate Procedure and timetables for tracking important deadlines. Thoroughly researched and revised each year to bring you every important rule, case-law, and legislative change in a clear and concise manner. Over 600 pages of detailed, step-by-step commentary. Practice Tips and Caution Notes highlight tricky issues.

 

2. O'Connor's Texas Civil Forms 2004-2005

Covers pleadings and motions from the trial's beginning to end with easy-to-use, plain-English forms. Provides forms for every common motion, as well as original petition, answer, and discovery forms for cases involving breach of contract, personal injury (auto accident & slip and fall), DTPA, Texas Tort Claims Act, bill of review, and suit on account. Provides responses and proposed orders as well as motions. Gives citations and cross references to pertinent authority. Written for both plaintiff and defendant.

 

3. O'Connor's Texas Causes of Action 2005

The best place to research almost every cause of action recognized in Texas. Perfect for initial client interview or drafting pleadings, summary judgment, and jury charges. 1290 pages of comprehensive commentary discuss the most common causes of action pleaded by Texas attorneys. Lists and explains the elements of each cause of action, referring to the definitive authority on each point and providing cross references to both the relevant state pattern jury charges and law journal articles discussing the cause of action. Covers torts, contracts, negligence, and statutory causes of action. Know instantly what you must establish to prevail. Indispensable for planning and executing your litigation strategy for plaintiff or defendant.

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This thread is great! I sent 5 letters and did not receive a response on anything, It has been well over 30 days. I’m going to tackle this again using the great advise in this tread.

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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.

 

 

I read this thread 7 times but I have a few questions. When I submit my DV letter to the CO I need to invoke the FTC provisions and cc the underwriter with a cover letter

but do I also need to send a dispute letter to the CRA’s at the same time? I hardly ever get responses to my letters but I want to ensure I do this right so I can have some

things removed from my credit.

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Wait until they have signed for the letter then dispute with the CRA. You essentially force them into violating if they verify with the CRA before responding to you. (continued collection activity). I would also dispute with the CRA's as often as possible for the same reason particularly if they fail to respond in the 30 day window. Read my thread over in the "I've been served Forum" that has a little additional information.

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1. O'Connors Texas Rules; Civil Trials 2005

2. O'Connor's Texas Civil Forms 2004-2005

3. O'Connor's Texas Causes of Action 2005

I agree 100%. I used #1 in defending a lawsuit. It was priceless. Note, #1 gets updated every year.

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1. O'Connors Texas Rules; Civil Trials 2005

2. O'Connor's Texas Civil Forms 2004-2005

3. O'Connor's Texas Causes of Action 2005

I agree 100%. I used #1 in defending a lawsuit. It was priceless. Note, #1 gets updated every year.

 

Yes it does but they are so nice to summarize right up front all the changes; go to local law library (In Texas almost every courthouse has one) and read summarry and copy changes needed.

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I plan to send this letter to CACH and send 3 dispute letters to the CRA's after CACH recieves this.

 

Could someone review my letter to CACH for me:

 

Collect America/CACH

370 17th Street, Suite 5000

Denver, CO 80202

 

Re: Collection account #XXXX, as reported to Trans Union, Experian, and Equifax Credit Reporting Agencies.

 

CACH,

 

It has come to my attention, upon reviewing my credit report, that you have placed a collection entry on all three credit reports listed above. It is also under my knowledge that I do not have any previous obligations written or otherwise to pay your agency this alleged debt that you have noted.

As a Texas Resident, I have the right to, and will exercise, the Chapter 392.202 Texas Finance Code to dispute your claims of the alleged debt owed. Under these provisions, you have the obligation upon receipt of this letter via CMRR to either:

 

1) Provide me accurate and detailed contractual documentation, between your agency and I, of the alleged debt and my signature-bearing obligation to pay your agency. This must be done within 30 days of receipt of this letter; or

 

2) Immediately delete any and all entries of this alleged account to the credit reporting agencies within 5 working days.

 

Again, this is a formal dispute and you are under legal obligation to adhere to the strict guidelines and timelines detailed under the Texas Finance Code. You may not contact me over the phone. Only written communication will be accepted through the mail to the address below. I will not hesitate to act if you fail to disregard my legal rights.

 

Sincerely,

 

Jon xxxxxxx

1234 xxxxxx dr.

some city, TX 7xxxx

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On #2 I would add "If you cant not provide validation within the 30 days as prescribed under Texas Code, you must modify the item as the consumer requests. As such, if you are unable to provide validation within 30 days, the item must be deleted from all three credit bureaus, closed within your files and not sold to another company.

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Okay so I sent W&A a letter last Aug with a limited C&D, well I started getting calls again so I followed up with another letter. This time they sent validation. They are not on my CR and I want it to stay that way. Can I use thier violation of my C&D as leverage. They have not sent me anything at all.

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I sent Midland a letter invoking the TFC, they sent me a letter back asking for me to send them items like a police report or copies of cancelled checks. I put in my letter that it was not up to me to prove I owed them. They also, stated that they would report on my credit report as a dispute. This is the second letter I have sent to them to prove to me that I owe them, and each time they send me a letter asking me to send them proof. I do not know what else to do with them, but to pay. I do not want to pay because now they are adding $1200 to a $400 charge. Also, they are reporting the debt as medical and it was not medical.

Edited by vrw8593

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Okay so I sent W&A a letter last Aug with a limited C&D, well I started getting calls again so I followed up with another letter. This time they sent validation. They are not on my CR and I want it to stay that way. Can I use thier violation of my C&D as leverage. They have not sent me anything at all.

 

 

What did they send as validation?

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centex, walter, thanks for all your work and sharing your knowledge. This thread has given me new hope. I now have to decide what i should do. I already DVd Mann Bracken with the federal stuff beforre I saw this thread. It is still within 30 days of their first written communication to me. Should I fire off the TFC/DTPA letter specifically requesting that the TLs be deleted if an investigation cannot be completed in 30 days, or wait and see if they respond to the federal DV?

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centex, walter, thanks for all your work and sharing your knowledge. This thread has given me new hope. I now have to decide what i should do. I already DVd Mann Bracken with the federal stuff beforre I saw this thread. It is still within 30 days of their first written communication to me. Should I fire off the TFC/DTPA letter specifically requesting that the TLs be deleted if an investigation cannot be completed in 30 days, or wait and see if they respond to the federal DV?

 

I would send the TFC letter now. Did you read my thread in the "help ive been served " forum? Be prepared to go to the ITS stage, I honestly hope they do not respond within the 30 day window. IMHO the ITS combined with an ITS to the Underwriter is wthe winning combination. I am not in it for money.

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Okay so I sent W&A a letter last Aug with a limited C&D, well I started getting calls again so I followed up with another letter. This time they sent validation. They are not on my CR and I want it to stay that way. Can I use thier violation of my C&D as leverage. They have not sent me anything at all.

 

 

What did they send as validation?

 

They sent the last three statements. I also checked my files and when this was with someone else, I sent them a DV and that CA never responded. I am going to work on a letter and post it for some feedback.

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This thread is great! I sent 5 letters and did not receive a response on anything, It has been well over 30 days. I’m going to tackle this again using the great advise in this tread.

 

I never want them to reply to the first letter. That sets them up for the ITS letter which you must be prepared to send. IMHO the vast majority of them will settle before court but you must be prepared to go there. I am and have no fear.

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They sent the last three statements. I also checked my files and when this was with someone else, I sent them a DV and that CA never responded. I am going to work on a letter and post it for some feedback.

 

 

Does the amount of the last statement equal what they are asking you to pay? Three statements wouldn't cut it for me. I would tell them to try again.

Edited by dch8ter

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That is a funny thing... they didnt ask me to pay anything! They just sent the statements and asked me to call them. I am really confused on it.

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:dance: WOW!!!! What an awesome thread! I have read this whole thread and learned some things I didn't know about. I lived in Texas from 1993 until I moved away at the end of 2004 and all of the accounts on my credit report are from when I lived there. I never knew this law existed!

 

Centex & Walter ... Thank you ... Thank you ... Thank you ... for sharing this with us!

 

Quick question ... The debts that I plan to DV on my report are from when I lived in TX. With my plans to move back to TX, will I be able to utilize this law immediately, or will I need to re-establish my residency in the state for this to work for me?

 

Thanks again for this wonderful and highly informative thread!

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