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Time To Rebuild

New Perfection Collection -- Need Advice / Removal For Mortage

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Well the time has come for me to start shopping for a mortgage and a new home. Just as I have been ready, I had a collection pop up on Experian. It has not been reported to Equifax or Trans Union.

 

In July 2010 I moved out of a house where I had an APEX Security Alarm System. I moved into an apartment where a security alarm was not permitted. Due to that, I had an early termination. I was never billed and never received anything from a collection agency. Now it's on my Experian report. I disputed and it came back verified of course.

 

Need some assistance to try to get this resolved. My score on Experian plummeted 100 points due to this. I had perfect credit to that time. I am looking to move on the mortgage and homebuying within the next 60 days.

 

Here's how the debt reads:

 

PERFECTION COLLECTION

Potentially Negative Closed

801-921-7379
Mailing Address: 313 E 1200 S OREM, UT 84058
Account Name PERFECTION COLLECTION Account # 110XXXX Account Type Collection Department / Agency / Attorney Balance $948.00 Date Opened 3/1/2013
Account Status Closed Mo. Payment Close Account Details Past Due Payment Status Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department High Balance Limit Terms 1 Month Comments

 

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I have received nothing in the mail from this collection agency. It just spontaneously appeared on my credit report after I bought a car. I don't know the SOL. It was originated in Kentucky in 2009. It was terminated August 2010. I now reside in Texas.

 

Any assistance is greatly appreciated. I need to get my cred ready for the mortgage.

 

Thanks all!

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SOL for collections in TX is 4 years. Make sure you are past the 4 year mark and send a TX DV letter (read all the Texas specific threads on here) and dispute with the CRAs once they have received your letter. TX law is better for getting rid of CAs. I recommend posting your DV letter here for feedback before sending it. Don't be afraid to file a complaint with the TX AG online as well. They are very helpful.

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Thanks for the recommendations. As stated, the SOL in Texas is 4 years. We are not past that point. The account originated with APX Alarms in April 2009 in a house in Kentucky. I moved from the house it was installed in in July 2010. I moved to Texas in December 2011. i received nothing from anyone on the early termination. How I had this pop up. It's going to ultimately cost me a mortgage unless I can get it deleted or recalled.

 

What should I do now? It doesn't seem like I have the SOL or DV to stand on. I urgently seek your suggestions.

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I just looked them up on the Texas dos debt collector site and they are not bonded. I recommend calling the Texas SOS and getting a letter confirming they are not bonded. Then send a cease and desist/DV letter to them. Look at the pinned thread For Texas DV the CA has to Delete. That will help you create your letter. I would also send a copy of the letter from the SOS yo experian letting them know the CA is practicing collection activities illegally and that experian is also bound by the Texas Finance Code and should therefore delete or also be liable

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Okay all. I will contact the Texas SOS for confirmation that they are not bonded in Texas to collect. Below is a sample of my letter. Do I DV them and send this to them? Or did I gear this incorrectly? I appreciate your guidance. I am so distraught on this right now.

 

_____________________________

 

XXXXXXXXXXXXXX

 

XXXXXXXXXXXXXX

 


 

July 23, 2013

 


Dear Sir or Madame:

 

I dispute the following alleged debt in its entirety and request validation:

 

Account: Perfection Collection, 313 E 1200S, Orem, UT 84058

Telephone: 801-921-7379

Account #: 110XXXX

Account Type: Collection Department / Agency / Attorney

Balance: $948.00

Date Opened: 3/1/2013

Account Status: Closed

Monthly

Payment: Na

Close Account

Details: Past Due

Payment

Status: Seriously Past Due Date / Assigned To Attorney, Collection Agency, or Credit Grantor's Internal Collection Department

High

Balance: Na

Limit: Na

Terms: 1 Month

Comments: Na

 

I request competent legal evidenciary material that shows I have some contractual obligation to pay your company the reported amount. In your return correspondence please include all documents associated with this account. Per Texas Finance Code 392, you have 30 days from your receipt of this

tracked letter to validate this alleged debt. If you can not or will not validate this account properly in 30 days, Texas Finance Code 392.202(d) requires all three trade lines associated with the 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.

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).

Failure to timely and fully validate this alleged debt will result in an actionable offense under Texas state law, in which damages will also be sought under § 17.41 Deceptive Trade Practices-Consumer Protection Act of the Business and Commerce Code (BCC17). Those damages are subject under Texas law to a trebling upon a showing of 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.

My request for validation does not authorize your company to pull my credit report – whether "soft" or "hard" – from any credit reporting agency.

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 United States Postal Service at the address listed in this letterhead. 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.

 

Sincerely,

Edited by Time To Rebuild

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All:

 

I have still to date not received any contact or Debt Validation from Perfection Collection. This HAS NOT been removed from my Experian credit report either. I disputed with Experian and they have not completed the requested investigation and the are OUTSIDE of the 30 days.

 

What is my next chain of command? Remembering I reside in Texas and Perfection Collection IS NOT licensed or bonded in the state of Texas.

 

Thanks!

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All:

 

I have still to date not received any contact or Debt Validation from Perfection Collection. This HAS NOT been removed from my Experian credit report either. I disputed with Experian and they have not completed the requested investigation and the are OUTSIDE of the 30 days.

 

What is my next chain of command? Remembering I reside in Texas and Perfection Collection IS NOT licensed or bonded in the state of Texas.

 

Thanks!

file a complaint with the CFPB against Experian.

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