[robseattle]

Hey everyone,
I have six more days until the debt validation letters I sent to the collection agencies on my credit report expire. I have a feeling I may not hear from them, does anyone have any advice on what my next move should be? Also, I received a letter from capital one stating that because they did not have my social security number, they could not comply.

[Enigma]

Originally Posted by robseattle

Hey everyone,
I have six more days until the debt validation letters I sent to the collection agencies on my credit report expire. I have a feeling I may not hear from them, does anyone have any advice on what my next move should be? Also, I received a letter from capital one stating that because they did not have my social security number, they could not comply.

What do you mean by "expire"?

What type of letter did you send Capital One?

[centex]

Unless you live in Texas or one of the other handful of states that defines a time line for action, there is no deadline in which a third-party must respond to you.

If you sent your dispute (it is important that the word dispute appear in the letter) within the initial 30 days, they need to cease their collection activity until they provide information sufficient to satisfy statutory requirements. The account also needs to be marked as being in dispute. That is basically it. Some Circuits have stated that 90 days is a reasonable time in which to obtain the necessary information.

And as enigma alludes to...an OC gets handled differently.

[robseattle]

Debt validation letters were sent. A sample,


June 13, 2001

Your Name
123 Your Street Address
Your City, ST 01234

ABC Collections
123 NotOnYourLife Ave
Chicago, IL

Date

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:


What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name



I sent these, going on 30 days now. I do live in Texas, any advice? I am assuming I am doingthe right thing.

[Hedwig]

The letter asks for way too much stuff that the creditor is not required to provide.

A simple "I dispute this account, please provide proof that it is my account" with a request for an accounting of the balance (how much interest at what percent, etc) and proof that the are entitled to collect the debt. In addition, you can state that phone contact at any time at any number is inconvenient, and that all future correspondence should be done via mail.

Not being from Texas, I don't know what the required timeline is. I'm sure one of the Texans will jump in here.

[centex]

Being in Texas, skip any reference to FDCPA and focus on TFC provisions...

[robseattle]

Ok, now I am confused. I as led to believehat a colllection agency had 30 days to atleast respond. Am I being told now that if they don't, then so be it? What are TFC provisions? Overall, can I write to the CRA and say I sent a dv via certified mail and received nothing back? Can someone please hep me?

[robseattle]

wouldn't they atleast write ad say they do no have to give me whatever info they feel thay don't?

[Pale Rider]

FINANCE CODE CHAPTER 392. DEBT COLLECTION

Read it. Know it. Love it.

[centex]

Originally Posted by robseattle

Ok, now I am confused. I as led to believehat a colllection agency had 30 days to atleast respond. Am I being told now that if they don't, then so be it? What are TFC provisions? Overall, can I write to the CRA and say I sent a dv via certified mail and received nothing back? Can someone please hep me?

No offense, but you are the poster child for today on WHY you DON'T do ANYTHING without knowing WHAT the law requires and WHY you are doing something.

Spend some time reading TFC392 and searching the past posts about using it to your advantage...then ask for clarification. Texas law is FAR superior to federal in the debt collection arena...

[Pale Rider]

MY first attempt at a flowchart, but maybe this will help in the process of how they must respond once you dispute.

TFC Dispute Process

[robseattle]

No offense taken, I really wasn't aware I appeared to be the "poster child" lol. I am new at this and am believing that I can make a difference on m credit report. I was just led to believe that in sending a letter of debt validation, a response would be warranted.

[robseattle]

Thank you for the flowchart, I hve sent letters via ceritified mail and received the receipts and am awaiting the 30 day period t elapse which will be Thursday for all of them. Am I going the right course?

[robseattle]

Guess my question is, what shall I do next?

[robseattle]

I was under the impression that they had 30 days to reply, regardless if some info isn't required, wouldn't a response of some kind be in order? Do I need to send another round and mention TFC?

[Hedwig]

As several have said, Texas law is different. Under the federal law, IF you dispute within 30 days of initial contact, they must cease all collection activity until they send verification. There is no requirement that they EVER have to contact you, as long as they cease collection activities.

If it's past the initial 30-day period, they don't even have to cease collection activity.

That's why you should never just copy a letter you find on the internet without finding out the reasoning behind it, and doing enough research to see if the letter has the desired results. If it's something from several years ago, it's quite possibly no longer valid.

[robseattle]

Like I said, I am new. I need to do something NOW. Apparently, after 30 days of sending a letter, if I read correctly, in Texas under Texas law, it must be removed?

[centex]

Originally Posted by robseattle

Like I said, I am new. I need to do something NOW. Apparently, after 30 days of sending a letter, if I read correctly, in Texas under Texas law, it must be removed?

While there are obligations under Texas law, you have to invoke your protections and you have to specify in the letter the manner in which the tradeline is to be modified if they cannot complete the investigation within the required timeframe. If you don't make that request, they do not have to automatically presume you want it deleted.

It is incumbent upon a Texas resident to cite the applicable Texas law and to use it to their advantage. Letters that have previously worked in this State have appeared on this site as well as the cover that goes to the underwriter...