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CA Not Licensed in Texas

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EDub357
Frequent Contributor

CA Not Licensed in Texas

I have a collection company that is reporting on my credit report.  They have ignored my request for DV and Texas Finance Code.  What is the next step if they don't have legal authority to collect in Texas?

Message 1 of 17
16 REPLIES 16
Shogun
Moderator Emeritus

Re: CA Not Licensed in Texas


@EDub357 wrote:

I have a collection company that is reporting on my credit report.  They have ignored my request for DV and Texas Finance Code.  What is the next step if they don't have legal authority to collect in Texas?


This is the biggie.  If they have not responded within 30 days of you sending a DV citing the Texas Finance Code, you should contact the State AG, FTC, etc... to file a complaint.  I would also notify the CRA of this violation.

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Message 2 of 17
EDub357
Frequent Contributor

Re: CA Not Licensed in Texas

I plan on filing the complaint tonight. How long is that process?  And what does that do about getting it removed from my credit report?  It's not mine and I just want it gone...

Message 3 of 17
guiness56
Epic Contributor

Re: CA Not Licensed in Texas

If it isn't yours file an FTC Fraud Affidavit and police report.  Send them to the CRAs and have them block the account from your credit report.  Also send the CA or OC the same documents and telll them you want all documents and payment history on the account.

 

You do not have to prove it is fraud.

Message 4 of 17
EDub357
Frequent Contributor

Re: CA Not Licensed in Texas

They will block it from account then? Can it ever resurface?

Message 5 of 17
guiness56
Epic Contributor

Re: CA Not Licensed in Texas


@EDub357 wrote:

They will block it from account then? Can it ever resurface?


With reason, yes.

 

§ 605B. Block of information resulting from identity theft
[15 U.S.C. §1681c-2]
(a)
Block.
Except as otherwise provided in this section, a consumer reporting agency shall
block the reporting of any information in the file of a consumer that the consumer
identifies as information that resulted from an alleged identity theft, not later than 4
business days after the date of receipt by such agency of –
(1) appropriate proof of the identity of the consumer;
(2) a copy of an identity theft report;
(3) the identification of such information by the consumer; and
(4) a statement by the consumer that the information is not information relating to any
transaction by the consumer.
(b)
Notification.
A consumer reporting agency shall promptly notify the furnisher of
information identified by the consumer under subsection (a)--
(1) that the information may be a result of identity theft;

 

29
(2) that an identity theft report has been filed;
(3) that a block has been requested under this section; and
(4) of the effective dates of the block.
(c) Authority to Decline or Rescind
(1)
In general.
A consumer reporting agency may decline to block, or may rescind any
block, of information relating to a consumer under this section, if the consumer
reporting agency reasonably determines that –
(A) the information was blocked in error or a block was requested by the con-
sumer in error;
(B) the information was blocked, or a block was requested by the consumer, on
the basis of a material misrepresentation of fact by the consumer relevant to
the request to block; or
(C) the consumer obtained possession of goods, services, or money as a result of
the blocked transaction or transactions.
(2)
Notification to consumer
. If a block of information is declined or rescinded under this
subsection, the affected consumer shall be notified promptly, in the same manner as
consumers are notified of the reinsertion of information under section 611(a)(5)(B).
(3)
Significance of block.
For purposes of this subsection, if a consumer reporting
agency rescinds a block, the presence of information in the file of a consumer prior to
the blocking of such information is not evidence of whether the consumer knew or
should have known that the consumer obtained possession of any goods, services, or
money as a result of the block.
Message 6 of 17
EDub357
Frequent Contributor

Re: CA Not Licensed in Texas

WOW!  I have a few items that aren't mine and they keep getting "verified". 

Message 7 of 17
guiness56
Epic Contributor

Re: CA Not Licensed in Texas

Message 8 of 17
EDub357
Frequent Contributor

Re: CA Not Licensed in Texas

These items have been previously disputed. Can they refuse to block and remove once the affidavit has been filed?  This in itself should prove to them that the items are not mine.

Message 9 of 17
guiness56
Epic Contributor

Re: CA Not Licensed in Texas

What happens during the dispute process is the CRAs send a 2 letter code to the OC/CA asking if they debt is valid.  They respond yes and it is verified and not deleted.  The dispute process leave much to be desired. 

 

The OC is saying the debt is valid but is not saying it is yours. 

 

By sending these documents in it should prove you do not own the debt.

 

That is why you also send it to the OC asking for ALL documentation, agreements, payment history etc.  You tell them this is not mine, prove that it is.

 

If they continue to not delete or keep saying it is yours there are other ways, like a law suit.

Message 10 of 17
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