Am I missing something? 2nd DV sent, CMRR received

[ficophobic]

Hello,

I sent a 2nd DV to CPA and received the postcard via CMRRR.  I live in Texas and I believe the CA has 30 days to reply. I did cite " Under the Texas Finance code sec 392.202(b) Subchapter C  send me validation of this debt;"  The CA is still trying to collect. I got an automated call on Sat from them.   Am I missing something?  Are they in violation?  If so, what should I do know?

[guiness56]

Yes, they are in violation of the TX Finance code if they called after they received the DV.

File complaints with the AG, and the CFPB. 

[DaBears]

+1

[RobertEG]

Under the TX code, they are required to respond within 30 days.

Their response is not required to provide the requested verification, but if not provided, they are required to delete the collection until such time as they have complied.

Meanwhile, they are under a cease collection bar.

So they may have three violations.  One,failure to respond within the required 39 days, two, continuing collection while under a cease collection bar, and three, failure to have deleted their reported collection.

I would send a complaint to the TX state AG.

If you want to be a bit creative, you could also conconct a legitimate direct dispute under FCRA 623(a)(8), with the inaccuracy in their current reporting being their lack of deletion, as required under the TX code if no verification is provided within 30 days.

[Shogun]

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@RobertEG wrote:

Under the TX code, they are required to respond within 30 days.

Their response is not required to provide the requested verification, but if not provided, they are required to delete the collection until such time as they have complied.

Meanwhile, they are under a cease collection bar.

So they may have three violations.  One,failure to respond within the required 39 days, two, continuing collection while under a cease collection bar, and three, failure to have deleted their reported collection.

I would send a complaint to the TX state AG.

If you want to be a bit creative, you could also conconct a legitimate direct dispute under FCRA 623(a)(8), with the inaccuracy in their current reporting being their lack of deletion, as required under the TX code if no verification is provided within 30 days.

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     I agree with all the above here.  I had something happen like this to me once.  It as an automated call after I had sent a cease and desist on an account that was a case of identity theft.  When I called, they stated they had not contacted me and would not contact me.  I told them they just did.  They said it wasn't us.  I said they said it was them on the voice recording.  They said it must have been a wrong number.  I told them they said my name 4 times in the disclaimer.  They said once again, nope, didn't call, wasn't us. 

I have saved that recording, and I listen to it occassionally when I need a good laugh.

[ficophobic]

Thanks for the replies.  I've filed a complaint with the TX AG  and CFPB.

[ficophobic]

I filed a complaint with the Consumer Financial Protection Bureau..  Credit Protection Assoc (CPA) responded with this:  " CoServ submitted the account for Ms. XXX on 4/4/2013.   Prior to furnishing her account information to the credit bureaus on 6/20/13, several letters were mailed to her home in an attempt to satisfy the past due balance.  On 7/17/13 we received a letter from Ms. XXX that was dated July 8th.  Upon receipt of this letter, we contacted our client and requested a transaction report that shows her payment history for this account.   This information has been mailed to Ms. XXXX.  The certified letter mailed to us in June that Ms. XXX is referring to in her complaint was signed for by a G.B. Driscoll.  Credit Protection Association does not employ anyone by that name, or have any knowledge of who this person is.  Therefore, validation of the debt was not mailed at that time.  A copy of her July 8th letter, as well as the certified receipt signed for in June are attached to this answer". 

Here is my issue with their response:

1.  I only received 1 letter.  When i received it, I sent the first DV

2.  When I sent the second DV; the CMRR is signed by the same person.  

What do I do nest?   Please help!

[Shogun]

Many of the CAs employees don't use their real names.  They do this so that when something like this happens, they can claim as they have.  Good for them.  Now I would continue this fight.  I would contact the Office of the Inspector General of the USPS and file a complaint that someone is intercepting your Certified Mail to this agency.

And the USPS inspectors are viscious.  Just saying.  

[DaBears]

+1, Shogun is on a roll today.