DV Letter had a 2/3 Success...advice needed pls

[Cheshiregrl]

I sent a regular dv letter even though I'm a TX resident to NCC Business Services to validate 2 separate open collections. I also disputed the validity of the debt with the 3 cras. NCC Business Services sent back a response that seems to include most of the info except the surety bond number. They sent it certified/return receipt letter back! Is that normal lol? 

Both Equifax and Experian deleted the collections on Oct 1 and Oct 3 but TransUnion validated it. I just sent a certified MOV letter to TU. I didn't receive the certified response from NCC until Sept 28th and TU completed the dispute on Oct 2nd.

Is there anything I can do about NCC? Did I mess up by not sending the TX Finance DV? 

[Cheshiregrl]

Bump

[Anonymous]

They technically don't have to give your the Surety Bond number, they are required to have an active one filed during debt collection practices. I just looked on the SOS website and NCC does have an active one. Going forward, is the debt actually yours?

[RobertEG]

You have separate issues of debt validation and an FCRA dispute over validity of the debt.

I wont respond to the DV issue, as they have no requirment to respond within any set period.

What is relevant is that any responses directly from the debt collector relate to the DV, and not the dispute under the FCRA.

The FCRA dispute is resolved by the CRA sending their Notice of REsults directly to the consumer, not by any response from the debt collector.

Whether the debt collector response comprises adequate verification of the debt is apart from resolution of the FCRA dispute.

If you do not consider their response to be adequate verification, then the result is that they remain under a cease collection bar......

The FCRA dispute requires resolution by the CRA within 30ísh days, and you have apparently received a Notice of Results from each CRA, with two resulting in deletion, and one resulting in verification of the accuracy of their reporting.

The debt collector has thus informed one CRA that they have investigated and found the debt to be valid.  It is not required that they veify with each CRA.

Thus, you appear to have a resolved dispute, with verication of accuracy sent to at least one CRA.

You can always send a request for validation under the TX financial code.  There is no period for timeliness of such requests.

The major difference over the federal DV process is that they must respond wihtin 30 days, and if their response does not include verification, then they must delete the reported collection until such time as they have provided the requested verification.

The bonding issue would be part of compliance with the TX finance code.

[Cheshiregrl]

Thanks for your help. I think I will wait to hear from TU and decide what to do from there. The collection is from July 2010 but just showed on my credit report in May of this year. It's for a carpet cleaning fee after moving out of an apartment even though I didn't leave the complex. I moved to a smaller
Unit and lived there a couple more years. In that time they never told me about the fee, proved the carpet was bad, could've added it to my rent etc so no I do not believe this debt is mine

[Cheshiregrl]

Update: so I hears back from tu with what seems like a very generic letter not really giving me any more information on how they validated the debt. That letter was sent about 10 days after my request to them. To be honest I figured I was in a check mate situation so I didnt persue further and decided to focus on other things...well I'm happy to report that about a week ago ncc services was deleted from tu!!!!! Now I'm 3 for 3 and it feels so good to have that nonsense collection gone.