Desperate..Texas Validation Question..

[Superman85]

I recently sent out a validation request per Texas Finance Code for a medical baddie. This is the last baddie I need removed so I may soon purchase a home. They validated the debt only with a mere copy of a itemized report of services which does not meet the full validation requirements of Texas Finance Code. After that letter I responded with a threat to report them to the Texas State Attorney General's office for not meeting the requirements of Texas Finance Code. They responded with the following...

" Dear, *******

This is in reply to your correspondence received in our office.

Your letter has been referred to the legal department. Be advised that we have fulfilled our obligation in accordance with FDCPA law by previously proving you with itemization of the charges. There will be no further verification forthcoming nor is there any legal obligation to provide additional documentation. If you feel there is an error in some portion of the bill, you may send your documentation to this office for review.

The reporting of delinquent accounts to the various credit bureaus does not constitute any violation of the HIPPA act. No medical information is transmitted.

If you wish to resolve this balance, you may send your payment directly to this office.

Below is the name and address of the original creditor. The address is that of the billing office and may not reflect the actual service site. "

Any advice on what steps I can take from here? This is not my debt and would like to get it removed soon as possible.

[Anonymous]

I have had luck in filing with Bbb and CFPB and specifically stating what info they did not provide to me. It's sort of a back and to battle but you have to stick to your guns and make sure you cite the Texas Finance Code in all correspondence. I do followup with them with a second letter listing what they provided and what they failed to provide with a simple statement that because they failed to delete per the Texas Finance code that they must delete.

[joedtx]

This needs to go the Texas Attorney Generals Office

https://www.texasattorneygeneral.gov/forms/cpd/form.php

[RobertEG]

What, specifically, do you assert is required by the TX Code that they did not provide?

Providing copies of services rendered by the OC would appear to meet reasonable validation requiests.

Assuming that you feel it does not constitute adequate validation, they did respond, so until they provide adequate validation, the requirment of the TX code is that they must delete their collection until they have validated.

I would thus send them notice that you contest the adequacy of their response, and thus require deletion of their reporting to the CRA until such time as the provide adequate validation.

I would suspect that if the TX AG concurs with your interporetstion that ther response is not adequate, they would consider deletion to satisfy the requirements of the code.

I would first present that determination to the debt collector prior to asserting intentional violation of the TX Financial Code.

[Anonymous]

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@Superman85 wrote:

I recently sent out a validation request per Texas Finance Code for a medical baddie. This is the last baddie I need removed so I may soon purchase a home. They validated the debt only with a mere copy of a itemized report of services which does not meet the full validation requirements of Texas Finance Code. After that letter I responded with a threat to report them to the Texas State Attorney General's office for not meeting the requirements of Texas Finance Code. They responded with the following...

Any advice on what steps I can take from here? This is not my debt and would like to get it removed soon as possible.

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Wait a minute.... Back the truck up here!

If this is genuinely "not your debt" then you are going completely up the wrong road here. Validation and disputes will get you NOWHERE. This needs to be taken care of via the ID Theft provision of FCRA. That requires making a police report and swearing out an affidavit that you never authorized the account in question. Send copies of both to all the CRA's with instructions to exclude the item under FCRA's ID Theft provision. Send copies to the CA as well as the OC and they are required to close any collections and cannot resell that account.