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2 responses from DV, neither meets TFC 392 requirements

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Shokk
Established Contributor

2 responses from DV, neither meets TFC 392 requirements

Next step?  Dispute again with CRAs and include letters?  Doubtful it will matter since I'm sure they don't know Texas finance code and will only verify the same way they did the first time.

 

I was thinking BBB.  I know I can complain to FTC and state AG, but also want the baddie gone.  Its Asset Acceptance, by the way..

 

They're replying as a dispute.  Which I guess it is, but still is a request for validation.  I could send a 3rd eltter letting them know they're stupid, but I'm guessing it would be responded to in the same way.

I don't know my start scores, but low 500s. 6/2013

2/19/15
EQ FAKO - 638
EX FICO - 665
TU FICO - 697
Message 1 of 3
2 REPLIES 2
llecs
Moderator Emeritus

Re: 2 responses from DV, neither meets TFC 392 requirements

Did you cite state law in your DV?

 

Per the FDCPA a CA has an unlimited time to respond assuming the DV was sent within 30 days, and if they respond they only need to provide statements they are collecting on the debt with their contact info, the OC's info, and balance owed. As you know, state law can compel more info, or time limits of 30 days as a TX resident.

 

If they violated state law assuming you were citing state law, any complaint would be to the state only. The FTC and CRAs only comply with federal law and the BBB is a consumer-based organization.

Message 2 of 3
Shokk
Established Contributor

Re: 2 responses from DV, neither meets TFC 392 requirements

Yes, albeit in the second letter.  First was FDCPA.  They responded not meeting FDCPA, so I sent a second citting TFC392.

 

I'm really starting to question what's actually required.  I've seen this stated several times on here, but can't see anywhere in TFC 392 where this info is mentioned:

 

Texas Finance Code Section 392.202 requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to:

  • The name of the original creditor
  • The original date of default or non-payment of the debt
  • The date the debt was transferred from the original creditor to the third party debt collector
  • The original balance
  • The current balance
  • and surety bond information
I don't know my start scores, but low 500s. 6/2013

2/19/15
EQ FAKO - 638
EX FICO - 665
TU FICO - 697
Message 3 of 3
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