DV letters to be sent tomorrow

robseattle · 07-27-2008, 11:53 PM

Hello again, I am finishing up with DV letters that are slated to be sent tomorrow. Again, being a resident of Texas, I see that 5 of the collection agencies do not have surety bonds with the office of the Secretary of State. I assume that works in my favour. Secondly, TFC392 should also favour me to an extent. Apparently, within the outline of TFC392, CA's are required to respond within 30 days. Before I send these, if I ask for too much information, information they apprarently do not need to give me, does that waive them having to respond? All in all, any advice in what I shouldn't ask for? I would really like some responses from the CA's as the last round did not warrant ny responses.

gweedoh · 07-28-2008, 06:38 AM

Why do you want responses from the CAs? If they don't respond it probably means they can't validate the debt which is exactly what you want.

When you say "last round" do you mean with these same CAs? If this is the 2nd letter you send them, tell them they had 30 days to respond and now they have to delete.

If it's the first letters to these CAs, I wouldn't ask them for a thing. Simply tell them you dispute the debt and that it's not convenient for them to call you regarding the debt.

Enigma · 07-28-2008, 07:40 AM

The OP is in TX. TX has a much stronger consumer statutes than the FDCPA. As such, TX letters needed to be worded to incorporate TX previsions.

jlynn · 07-28-2008, 09:21 AM

Quote:

Originally Posted by robseattle

I see that 5 of the collection agencies do not have surety bonds with the office of the Secretary of State.

Maybe you are right, but I question how well you searched the debt collector site. Did you see my response here? Debt Collector Search Texas

robseattle · 07-28-2008, 09:12 PM

Great news, Jlynn... I did, in fact, search and to no avail. Nothing came up for many of the CA's. Now, as far as TX law, I know I have to reference that in the said letters. To which the wording would go, I could use some advice on that. I did send a round of letters previously, and no respons from anyone. However, foolishly, I did not specify any TX law as the return address was mine in El Paso. Figuring such, I assumed that the CA's would go with the notion that they were comig rom TX and TX law would apply. As far as disputing, would itbe wise to outright dispute or request validation? I have done so once (validation) but should I ask for validation (again) an state that they cannot collect because of lack of surety bond with the office of the Secretary of State? Furthermore, as far as TX law goes, what could I toss in there to send? I do not want a reply from the CA's just deletion.

robseattle · 07-28-2008, 09:13 PM

One last question, do I need to make copies and have them notarized as proof that I sent them when writing to the CRA stating that I did in fact send dispute letters?

hannah · 07-28-2008, 09:38 PM

Quote:

Originally Posted by robseattle

One last question, do I need to make copies and have them notarized as proof that I sent them when writing to the CRA stating that I did in fact send dispute letters?

That's overkill. Make copies but no need to notarize. Send them CMRRR. Your little green cards will be proof enough that you sent them.

robseattle · 07-28-2008, 10:28 PM

How would you advise I word these to be effective? As far as the green cards from the last round, should I make copies and send them to the CRA's as proof that I sent before?

hannah · 07-28-2008, 11:41 PM

Quote:

Originally Posted by robseattle

How would you advise I word these to be effective? As far as the green cards from the last round, should I make copies and send them to the CRA's as proof that I sent before?

Quote:

Dear Debt Collector,

I dispute the debt you claim I owe. Please validate pursuant to both Federal and Texas law.

Sincerely,

Robseattle

Why would you need to prove to the CRA's that you disputed before? What is it that you want the CRA's to do? Are these debts reporting on your CR accurately? If so, there is little the CRA's can do to help you. What are you trying to accomplish?

robseattle · 07-29-2008, 02:29 AM

Hello,
I would like the CRA's to take notice and remove thes items. I was led to believe that the CRA's needed proof that one had sent DV letters. As far as the Federal and Texas laws, do I need to specify which laws as I have been told that I need to be specific. Apparently the CA's need to be told to the letter what exactly is being asked and what has to happen, as I have been told. I have already sent debt validation letters to all the CA's and it has been around 50 dayswith no response...... what next? How would I let the CRA's knowtha hre was no response?

hannah · 07-29-2008, 10:01 AM

Quote:

Originally Posted by robseattle

Hello,
I would like the CRA's to take notice and remove thes items. I was led to believe that the CRA's needed proof that one had sent DV letters.

Not to my knowledge.

Quote:

Originally Posted by robseattle

As far as the Federal and Texas laws, do I need to specify which laws as I have been told that I need to be specific. Apparently the CA's need to be told to the letter what exactly is being asked and what has to happen, as I have been told.

No, if a CA is operating in TX he knows what laws he has to abide by and if every CA in America is not aware of the FDCPA then send me a list and I'll sue every one of them just for S&G's. I think you're mixing up CA's and CRA's. The letters disputing info on your CR to the CRA's needs to be specific as to what is inaccurate about the tradeline and needs corrected.

Quote:

Originally Posted by robseattle

I have already sent debt validation letters to all the CA's and it has been around 50 days with no response...... what next?

Are they still bugging you? They can't continue collection if they don't validate. Send them another round of letters invoking Texas consumer right to validation in 30 days.

Quote:

Originally Posted by robseattle

How would I let the CRA's knowtha hre was no response?

Why would they need to know? You are mixing up apples and oranges.

hannah · 07-29-2008, 10:35 AM

Forgot to say that under Texas law if a CA doesn't validate, they must delete. You could include that in your DV letters.

robseattle · 07-29-2008, 01:54 PM

I was saying, wouldn't the Credit reporting agencies need to know that there was no response from the CA's? I ask because I sent letters out requesting validation and received nothing. I was under the impression that they needed to be removed from my report. Apparently I need to say in a new round of letters that TX law applies? I have to return to work but this is very interesting and I will definitely check back later.

Enigma · 07-29-2008, 02:02 PM

Rose - post your letter.

centex · 07-29-2008, 03:50 PM

Quote:

Originally Posted by hannah

Forgot to say that under Texas law if a CA doesn't validate, they must delete. You could include that in your DV letters.

Not exactly correct...if the investigation cannot be completed within thirty days, the TL must be MODIFIED as requested by the consumer. It is up to the debtor to specify that the requested modification is a deletion of the TL.

hannah · 07-29-2008, 04:08 PM

Quote:

Originally Posted by centex

Not exactly correct...if the investigation cannot be completed within thirty days, the TL must be MODIFIED as requested by the consumer. It is up to the debtor to specify that the requested modification is a deletion of the TL.

See? I knew you would correct me if I was wrong. You just should have answered him to begin with...

centex · 07-29-2008, 05:41 PM

Quote:

Originally Posted by hannah

See? I knew you would correct me if I was wrong. You just should have answered him to begin with...

He has been led to the trough previously and chose not to drink. I WON'T draft the letters for him and he STILL has not bothered to post even a draft of what he thought might be viable.