Is disputing same as Debt validation?

[Anonymous]

Hello,

I'm new to this "game" and have had quite the journey thus far.

First, in April of last year I thought i'd do the right thing and pay off old debt. Bad move. CA's came out of the wood work and piled on my credit report and calls flooded in. About that time i disputed these CAs on my credit report with each agency.

I recieved no "Validation of debt" or letters stating that any disputes were found to be valid.

Fast forward to today. I have 3 specific lines on my report that have said "CONSUMER DISPUTES - REINVESTIGATION IN PROGRESS
COLLECTION ACCOUNT", "Account in dispute-reported by subscriber", "Account information disputed by consumer."

These lines of credit have said this for months and months with no further outcome.

now as I am led to understand from the minimal amount of research i have done thus far Texas state law (my resident state) requires them to respond with in 30 days. Seeing as how they have not am I able to inform them of such and have them immediately deleted?

[Crashem]

debt validation isn't the same as disputing with the CBs.  although debt validation can lead to the removal by the CBs.

Debt validation has to do with the debt collector.  It is your right under the FDCPA which are laws governing debt collection.  Basically it says to any debt collector, you have to stop collection activity until you validate the debt you say is mine by sending me information on the debt.  Now if they can't send the required proof and continue collection activities, they are in violation. I forget the whole process, but if they fail to respond after a due process, you can sue them for money and have it removed from your credit report since reporting to credit bureaus as well as calling you/mailing you/etc. is considered continuing collection activity.

Disputes are covered by the FCRA and has to do with laws regulating credit bureaus.

[Anonymous]

so i should send them a DV letter?!?!

[RobertEG]

AS I understand your scenario, you disputed the collections to the CRAs.  I see no statement that you send separate DV letters to the debt collectors.

Disputes are directed at contesting the accuracy of information in your CR.  DVs are, as stated, debt collection practices requests.

CRAs have zero involvement in the DV process.  DVs are simply between the consumer and the debt collector.  Disputing through a CRA does not invoke any of the cease collections provisions of the FCRA and dont trigger, in your case as a Texas resident, running of the Texas state 30-day period for response.

You need to separately send them debt validation requests.  Do not send them through the CRAs,

[Anonymous]

That indirectly answers my questions i think. So far i've jumper 50 points in the past few weeks staying on top of this and sending out letters.

Thanks to you community, I appreciate it.

[RobertEG]

A bit of clarification on the Texas state debt collection practices statute (Title 5, Chapter 392).

The Texas code does not impose a 30-day period for response to a DV sent under the FDCPA.

The Texas statute is a separate provision that requires the consumer to file a "Notice of Inaccuracy," disputing accuracy of the debt.

It is that Notice, and not the receipt of a DV, that triggers the provisions of the Texas statute.

There are substantial differences between a "Notice of Inaccuracy" and a federal DV request.  Receipt of a Notice does not impose a cease collection bar on the debt collector, and does not mention or require that the debt collector obtain verification of anything from the credtior. They are only required to reach a "determination" of accuracy.

While they must respond within 30 days, their response can be a statement that they have not concluded their investigation.  Nothing requires them to reach a determination within 30 days.  If they have noticed the consumer that they have not completed their investigation, then a cease collection bar is imposed on the debt collector, along with a requirement that they temporarily "change" the reported information in the consumer's credit file until such time as they report a determination to the consumer.

By simply sending a DV, residents of Texas are not entitled to response to that DV within 30 days.  Debt collectors are not required to investigate the current residency of the consumer upon receipt of a DV, and treat the DV separately if sent from Texas.  The consumer must separately invoke the Texas debt collection provisions.