Being bonded in Texas

[Anonymous]

Also This is the DV letter i sent them im starting to think it might be wrong? i found the template on here from another post

June 13, 2016

Account Reference #

To whom It may concern,

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

For the purpose of validation provide me with:

·The name and address of the original creditor

·The original date of default or non-payment of the debt with original creditor

·The date the debt was transferred from the original creditor to the third party debt collector

·The original balance

·The current balance

·Any fees added by your agency. Sec. 392.303 (a)(2)

·Texas Surety bond information as required by Sec. 392.101

Please note Transunion, Experian, and Equifax are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202(b)(2), that the debt in question is inaccurate.

Per this requirement you must delete this trade line if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 (d)(1)

Also per Texas Finance Code 392.202 Correction of third -party debt collector’s or credit bureau’s files.

I request immediate notification if this alleged debt is sold or transferred per Sec. 392.301 (a)(4).

Please reply with your response via US MAIL.

Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. (a)

A person may sue for: 

(1) injunctive relief to prevent or restrain a violation of this chapter; and

(2) actual damages sustained as a result of a violation of this chapter.

                                                                                                                                                                                                   Regards,

                                                                                                                                                                                                  ( name and Address ) 

[Anonymous]

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@RobertEG wrote:

That is the debt validation portion of the code.

They must respond within 30 days, but the TX code does not mandate that they provide validation within 30 days.

If they state that they have not yet obtained validation, that is adequate response.

However, a subsequent portion of the code mandates that if they do not provide a statement, they must delete any credit reporting until such time as they do provide verification.

Yes, a debt collector could falsely state that they have investigated and find the debt to be accurate.

However, they do so at the risk that, if the matter should ever come before a court and it is determined that they verified without a reasonable investigation, they could also be liable for false verificaiton.

Proofs are subjective, and whatever they do provide would almost assuredly be contested by the consumer as either inadequate or based on an incomplete review of all evidence.  The verification process does not provide a mechanism for compelling both sides the right to discovery of all relevant evidence, and the process has not party to rule on what is or is not a "proof."  Only a court can make findings of fact and provide right ot discovery to the parties.

A verifcation via the DV process is not a full fact finding procedure.

You can always assert that any verification is inadequate, but there is no appeal process to their finding other than bringing your own civil action and getting a full finding before a court.

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ok well i would hope there not going to falsify anything.

I talked to the rep on the phone before all of this about a week ago and he stated he was looking at the validation of the debt and would send it to me i would just need to send a email asking for it and it would take a couple days. That was a week ago and still nothing back.

Should i send another email? I really want them to respond back saying they need more time or that they cant verify it, because i know they cant i talked to the cooperate office of the property managment of the apartments and the apartment managment themself and theres no record. Also verified with the CA that they do not own the debt.