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Advanced Credit Repair - Dealing with Collection Agencies Discuss Trying to get rid of CA- previously paid (TX) in the CREDIT AND LEGAL ISSUES forums; In Oct 2003 my family transferred out of state. We had garbage collection and thought we canceled it. The state we had service was IA. The OC is in WI ...
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Old 07-20-2007, 08:58 PM   #1
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Trying to get rid of CA- previously paid (TX)

In Oct 2003 my family transferred out of state. We had garbage collection and thought we canceled it. The state we had service was IA. The OC is in WI and the CA is in IL. We now live in TX.
Somehow it didn't get canceled and we don't recall receiving any bills for it. It was for several months of service AFTER we moved. It appeared on cr for $93 and in Feb 2005 the OC was contacted. The OC apparently agreed to remove the charges since we had moved out of state and they never collected garbage from us.
I had completely forgotten about the account until recently when I noticed it on cr again except the account now said original amount owed was $93 and the new amount owed was $21 (like we had made payments). Contacted the OC and they said the amount owed was showing a balance of $45, went through the story (not remembering details of previous conversation) about moving and asked account details be sent. They agreed again to remove charges except for $13 so paid that over the phone. They said they would send screen print of account detail information (which included details from conversation in Feb 2005). They never did send it but we know they have it - this may be important if we file suit- but anyway- sent a dv to the CA specifically invoking TFC (not FDCA or FCRA). They received it so sent a dispute to the CRA. Several days after maing that payment, I found notes from 2005 of who I spoke to with the exact time and date saying that they agreed to removed charges. Since I have notes, I may also have a recording of it but haven't yet found that so I'm not counting on it. They replied on the same day that they received my dispute (July 3).

CA sent back a letter that says"
To Whom it May Concern:
The debt owed to TRASH COMPANY that incurred on or around 12-31-03 in the amount of $13.50, has been paid to our office. If the payment was made by check we will wait at least 14 days before reporting a zero balance to the credit bureau (s). If you have any questions, please feel free to call us at the phone number listed above.

The purpose of this letter is to collect a debt and any information obtained will be used for that purpose. This letter is from a debt collector.
Sincerely,
CA.

Immediately sent them another letter that says no way was this proper validation, what is their bond information, and that this account was actually OVERPAID to the OC and they needed to fix their information or we would pursue other legal remedies. I sent a duplicate copy to the OC. Both have received their copies and have done nothing with them as yet.

They verified with EX and notation says account legally paid in full for less than full balance!! TU shows no change and not even marked in dispute. I did not send the disputes RR- just certified. It was delivered July 12 to TU but still not marked in dispute or anything else.

So anyway, the CA is not bonded here in TX. I would like to file suit if they don't end up deleting. Do I have enough violations already? How much does the fact that they sent the letter saying it was an attempt to collect and them not being legally able to collect in TX matter?
I know that I can prove that the OC agreed to remove the charges in 2005 through discovery if I need to.
How do I give the proper notice to them to use the TX codes and how long do I have to wait until I file suit (60 days fron 7/03/07?) If 60 days what do I do in between Aug 3 and Sept 3 with the CA?
I've had a lot of success in getting everything else deleted without having to file suit. This is one of the very last bad things hanging on.
Any other advice/suggestions appreciated.
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Old 07-20-2007, 10:43 PM   #2
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Originally Posted by Elle2075 View Post
How do I give the proper notice to them to use the TX codes and how long do I have to wait until I file suit (60 days fron 7/03/07?) If 60 days what do I do in between Aug 3 and Sept 3 with the CA?
If you stated in the dispute that you were disputing under TX FC, then I would think that is sufficient notice. I would suggest waiting 60 days from the time you sent ITS, because any violation of TFC is also a violation of Deceptive Trade Practices Act. DTPA requires 60 days notice for suit.
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Old 07-20-2007, 10:52 PM   #3
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Violations:

Not marking as disputed.
Reporting false info - "Settled for less"
No bond
Not correcting file - they have 5 days per TFC, not 14 for check to clear
Misrepresenting character, amount, or extent of debt

Non-violation

Statement that they are a collector attempting to collect a debt. They are required to put that in. Even if they are not bonded, they still have a requirement for that notice.
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