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Regular Contributor
bearcat59
Posts: 130
Registered: ‎08-31-2008
0

Just asking...

Hello all! I am going to make this short and eloborate if needed. There was a CA on EX and the company was not bonded, had never been bonded in the state of Texas to collect debt. So, I consulted with an attorney about getting this issue resolved. He did some research for me and advised me that the name that was on the CR was not the CA's entity name and that we needed to find out their entity name. Since it was cheaper for me to do so myself, I found the entity name. (He would have charged more if he had to investigate it). Well, after researching, I found the entity name and under that name, the bond cancelled as of 10/10/2008. So, after my attempt to get this resolved without paying a retainer fee, I sent a letter advising that if they did not delete from CR, then I would persue further legal actions including filing complaints with the FTC, AG, and BBB. Well, low and behold phone rang yesterday morning "Private" and it was the CA advising that they were notifying EX to delete all records from the CR and faxed me proof. Well, I pulled EX this morning and the CA is POOF, gone. I called the attorney yesterday to find out if there were other legal actions that could be taken or if I should just let it go since they deleted and he never responded. DH and I were returning the signed contract with retainer fee this coming Monday. I do not want to wast money in a retainer fee if we should just let it go. Okay, this was discovered after applying for a mortgage and it was placed on CR on 10/2003. The CA was bonded at that time under a different name (their entity name) but they let it cancel on 10/10/2008.

So, with all of this being said, do we still have rights to sue? Or since our true purpose was accompolished, should be just let it go?

Thanks!

Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007
0

Re: Just asking...

IMO, let it go.

 

Their bond expired in 2008....did they update the account since that time?

 

Unless you can prove they did, you may not win anything yet.

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Regular Contributor
bearcat59
Posts: 130
Registered: ‎08-31-2008
0

Re: Just asking...

Sidewinder, I disputed with the EX and it came back verified prior to the letter. I sent EX the letter from the SOS advising that they were not bonded to collect, and of course their (EX) response was "debt verified and remains on record". But, I do not believe they have updated, just verified the debt with EX which shows on the CR "updated as of 04/2009". Does that matter that they verified the debt vs updating?
Moderator Emeritus
Posts: 11,562
Registered: ‎08-29-2007

Re: Just asking...

[ Edited ]

Verification usually comes from 2 computer talking to each other, rather than someone from the CA actually "verifying" the account.

 

 

 

ETA: To my knowledge, a consumer can not sue a business for failing to follow state bonding/licensing law. That is something that state does.

 

 

Message Edited by sidewinder on 04-18-2009 02:51 PM
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