Debt Validation backfired

[cjane1]

Hi all,

   Well I did a debt validation with AFNI and within 4 days of them receiving my letter they updated my collection. I live in Texas, thought this was illegal while request of validation. Any info would be greatly appreciated.

[Anonymous]

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@cjane1 wrote:

Hi all,

   Well I did a debt validation with AFNI and within 4 days of them receiving my letter they updated my collection. I live in Texas, thought this was illegal while request of validation. Any info would be greatly appreciated.

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Depends on  whether you specifically cited the Texas Financial code or not. If you just sent a standard DV, they would have assumed its under FDCPA, and if not timely could be ignored.

[RobertEG]

Was your DV request cited as being under the federal FDCPA or the YX Financial Code?

If under the FDCPA, was it sent within 30 days of their dunning notice?

[cjane1]

Yes, I used the debt validation example on myfico for state of Texas.

[RobertEG]

Section 392.202 of the TX Financial Code states, in pertinent part, that

"the third-party debt collector shall cease collection efforts until an investigation of the dispute described by Subsections (b)-(e) determines the accurate amount of the debt, if any"

Reporting to a CRA is a collection effort that is barred under the TX code.

You can file a compliant with the TX AG.

[cjane1]

When a collection agency violates a code is that a reason enough to request the CRA's to the delete the collection ? Seems as th CA's really don't care because the punishment isn't harsh enough as it continues to be  problem with numerous people

[RobertEG]

The accuracy of theri reporting is not the issue, it is the issue of whether they violated their debt collection practices obligations.

The CRAs are not a part of debt validation under either the FDCPA or TX Financial Code.

Determination of a violaltion of a cease collection bar is not basis for investigation by a CRA or deletion of credit reporting.

The proper remedy is to pursue any violation of debt collection practices statutes with the regulating agency, which is the case of the FDCPA would be the CFPB, or in the case of the TX Financial Code would be the TX state AG.

You could additionally bring your own civil action and seek remedy through the courts.

Remedy would then be up to the court.

[cjane1]

Problem is I can't afford to take them to court. I want it off my credit report so should I just do a PFD?