[Dallas Student]

I am trying to assist my sister in compiling a complaint to send to the registered agent for a collection agency that I won’t name due to possibly jeopardizing suit. Here’s a brief scenario of what has transpired thus far.

• DV sent – asked that they respond with proof of debt w/in 30 days of receipt or delete per TFC (Texas Finance Code).
• Sent disputes to 3 bureaus
• After 35 days, follow up DV sent – telling them that they were in violation of TFC again, giving 10 days to delete.
• Disputes from all bureaus came back as verified (though she had not been provided with the validation).
• Complaints submitted to AG of both my state and state of CA.
• Complaint submitted to FTC, BBB
• 2 months after initial DV was received, received letter from CA with copies of 3 bills, only 2 pages (not complete bill), stating this was validation of the debt.
• A week and a half later, she received a letter from the OC with billing statements from final 6 months of account (did not include detailed billing – contract says detailed billing). Also included copy of signed contract.
• OC sent email to AG of CA’s state, telling them that account was opened on a date that was 4 years prior to the date of the signed contract.
• Month later received a letter from the AG of CA’s state, saying that the file was being closed.
• A month later, sent another letter to the CA asking for proper validation

All of this is documentated with certified receipts and all.

I know that they are in violation of the Texas Finance Code as they didn’t validate in a timely manner. I also know that they violated the FCRA, by confirming that at item was correct, even though they had not provided validation to my sister.

In compiling a complaint, should information regarding outside entities (BBB, FTC, be included)?

The debt is outside of SOL, and should drop off next year, but these creeps don’t play by the rules. Plus, she would like to see if she could get them to pay her for violations as well as delete.

If there is anyone (probably Texas resident) out there who would be willing to help us out with this, it would be great.

[Dallas Student]

Originally Posted by Dallas Student

In compiling a complaint, should information regarding outside entities (BBB, FTC, be included)?

The debt is outside of SOL, and should drop off next year, but these creeps don’t play by the rules. Plus, she would like to see if she could get them to pay her for violations as well as delete.

If anyone could just answer the questions, if you know, that would be helpful. I'll possibly try to go it alone.

[roybean]

Originally Posted by Dallas Student

I am trying to assist my sister in compiling a complaint to send to the registered agent for a collection agency that I won’t name due to possibly jeopardizing suit. Here’s a brief scenario of what has transpired thus far.

• DV sent – asked that they respond with proof of debt w/in 30 days of receipt or delete per TFC (Texas Finance Code).
• Sent disputes to 3 bureaus
• After 35 days, follow up DV sent – telling them that they were in violation of TFC again, giving 10 days to delete.
  
  If I am not mistaken in Texas they have five days to annswer your dispute or delete. TFC is here on the board.
• Disputes from all bureaus came back as verified (though she had not been provided with the validation).
• Complaints submitted to AG of both my state and state of CA.
• Complaint submitted to FTC, BBB
• 2 months after initial DV was received, received letter from CA with copies of 3 bills, only 2 pages (not complete bill), stating this was validation of the debt.
  You are in Texas and they didn't follow the TFC, so they are late.
• 
  
  A week and a half later, she received a letter from the OC with billing statements from final 6 months of account (did not include detailed billing – contract says detailed billing). Also included copy of signed contract. FDCPA says that they are to obtain and forward to the cnsumer and I won one of my cases on this fact.
• 
  
  OC sent email to AG of CA’s state, telling them that account was opened on a date that was 4 years prior to the date of the signed contract.
• Month later received a letter from the AG of CA’s state, saying that the file was being closed.
• A month later, sent another letter to the CA asking for proper validation

All of this is documentated with certified receipts and all.

I know that they are in violation of the Texas Finance Code as they didn’t validate in a timely manner. I also know that they violated the FCRA, by confirming that at item was correct, even though they had not provided validation to my sister.

In compiling a complaint, should information regarding outside entities (BBB, FTC, be included)?

The debt is outside of SOL, and should drop off next year, but these creeps don’t play by the rules. Plus, she would like to see if she could get them to pay her for violations as well as delete.
Do you mean inside of the SOL?

If there is anyone (probably Texas resident) out there who would be willing to help us out with this, it would be great.

You do have violations, but I would say that they are not the strongest violations one can have.

Is it a large debt? I mean if your violations aren't more than the debt, this may not be worth going after. And this all happened so quickly...what damages cn you claim?

Anybody else seen the report such as being denied credit or higher interest rates?

[Dallas Student]

Originally Posted by roybean

You do have violations, but I would say that they are not the strongest violations one can have.

Is it a large debt? I mean if your violations aren't more than the debt, this may not be worth going after. And this all happened so quickly...what damages cn you claim?

Anybody else seen the report such as being denied credit or higher interest rates?

Thanks for the reply.

The debt is outside of the SOL, it was from an account that last had a payment in 2001. The debt is actually for less than $200. So it's not one that they are likely to even try to fight back, as it wouldn't be worth it. It also might not be worth it to her to put much money into it. Though, she thought that due to their blatant disregard for Texas consumer laws, it might be worth a chance to get them to cave and remove.

That whole scencario took place over about 5 months. And it's also for a CA that is well known for handling old cell phone bills based in IL.

I'm not sure about the damages or even how exactly that works...thus, that's why I need help. She has been turned down for a couple of credit cards recently, as it's still on her credit files.

If you can point me in the right direction, I will do more investigating and research.

TIA.

[jlynn]

Originally Posted by Dallas Student

to send to the registered agent for a collection agency

[/quote] I wouldn't be sending it to just their RA but also, go to the Texas SOS and find their bond underwriter. Those are they guys that have to pay up if you were to sue and win.

A well thought out letter detailing the violations, and what you want to happen, that the underwriter receives might get their attention.

[Dallas Student]

Thanks jlynn!

It's stuff like that I never thought about. So you would suggest that I send a copy of the complaint to the RA as well as the bond underwriter? And I should also put a well put together letter.

What I'm curious about is in this situation, she really just wants it off of her report. However, I don't think I know a single person that would turn down money if they are offering. At this point in time, this who thing started over a year ago.

For something like this, what would be reasonable to ask of them?

In my complaint, should outside sources be included or no? I've looked over a that I have seen posted here and elsewhere, and I don't see them mention outside fources (FTC, AG, BBB, etc.). Any ideas?

Again, thanks for all your knowledge and help.

[jlynn]

Originally Posted by Dallas Student

Thanks jlynn!

It's stuff like that I never thought about. So you would suggest that I send a copy of the complaint to the RA as well as the bond underwriter? And I should also put a well put together letter.

Since you are inexperienced, and this debt is under $200, I wouldn't even bother to draw up a complaint. I would also consider, given TX law, I would not draw in Fed violations - if it were to go to court - state court in this instance is where you want it to stay. I would send a simple, and detailed letter to the underwriter, listing the violations, advising them that this is their 60 day DTPA notice (TX Deceptive Trade Practices Act - which allows for treble damages). If what you REALLY want is just a TL deletion then say so. "If xyz CA deletes this account within xx days" I will consider this matter closed". Otherwise I will proceed with litigation options. (Or something like that).

In my complaint, should outside sources be included or no? I've looked over a that I have seen posted here and elsewhere, and I don't see them mention outside fources (FTC, AG, BBB, etc.). Any ideas?

These agencies are all fluff agencies. They won't do anything for you unless the receive 1.765432 zillion similar complaints. While I encourage complaints to the FTC, so they can add you to the pile, they mean nothing in terms of your discussions with the CA.

[Dallas Student]

Thanks again jlynn.

I went to the SOS for Texas' site and found that the bondholder for the CA is Travelers Casualty and Surety Company of America. However, the SOS site only gives the name of the bondholder, and the bond number. How would I actually find the address to send the letter to the bondholder?

Sorry for so many questions.

[hannah]

Originally Posted by Dallas Student

Thanks again jlynn.

I went to the SOS for Texas' site and found that the bondholder for the CA is Travelers Casualty and Surety Company of America. However, the SOS site only gives the name of the bondholder, and the bond number. How would I actually find the address to send the letter to the bondholder?

Sorry for so many questions.

Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183

It's part of the Travelers.com groups.

[Dallas Student]

Thanks hannah! You Rock!

[centex]

Originally Posted by Dallas Student

Thanks again jlynn.

I went to the SOS for Texas' site and found that the bondholder for the CA is Travelers Casualty and Surety Company of America. However, the SOS site only gives the name of the bondholder, and the bond number. How would I actually find the address to send the letter to the bondholder?

Sorry for so many questions.

You now have the answer, but for future reference, simply call the underwriter and ask what the mailing address is for surety claims. They will tell you. It may even be on the voiceover before it gets to the push-1 for blah, blah, push-2 for garbled nonsense, etc...

You cannot be afraid of your telephone if you are wanting to get things done...

[Dallas Student]

I'm not afraid of the phone. However, the problem was there was clearly no main phone number to call to even gather this information. So it's hard to get detailed information if you don't have a starting point. Thanks anyway.

[centex]

Originally Posted by Dallas Student

I'm not afraid of the phone. However, the problem was there was clearly no main phone number to call to even gather this information. So it's hard to get detailed information if you don't have a starting point. Thanks anyway.

When I needed Travelers contact info, I called what appeared to be a primary toll-free number for the corporate offices. One call is all it took and I had the address I needed.

With RLI, I called their direct line and got the information I needed.

The worst that happens is you might have to make two phone calls to get headed in the right direction. Finding contact information is not rocket science...it isn't even 7th grade biology class.

[Dallas Student]

I'm normally a search wiz...as I stated before, I went to their website and the only information for their "Contact Us" link was a place to send an email. Again, I appreciate hannah for giving me the information.

Not everyone just wants people to do the work for them without attempting to search, and I'm not a newbie to credit repair as a whole (however, I did just decide to try out the ignore option, Nice! ). Thus, the questions that I ask are ones that I really need answers to. I was under the impression that this was what this board was used for.

I'm sorry if I and I'm sure some others had the wrong idea.

[jlynn]

Originally Posted by Dallas Student

Thanks hannah! You Rock!

Oh sure, Hannah finds one little address, and she rocks. Hmpf.