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Need Assistance with Collection Agency Response from Texas Debt Validation Letter

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caramel25
Established Member

Need Assistance with Collection Agency Response from Texas Debt Validation Letter

Hello,

 

First of all, I want to express my appreciation with this board. Members are knowledgeable and willing to offer advice on credit situations.

I live in Texas and I am in the process of rebuilding my credit and I sent the following letter to Cavalry Portfolio Services (that was referenced on this site):

 

January 5, 2018


via certified mail

 

Re: Reference #: XXXX7662

Dear COLLECTION AGENCY:


I dispute the validity of this entire debt. I request validation of this debt per Texas Finance Code. I have disputed this debt with the credit reporting agencies and you continue to validate it without providing the information I have requested. Please note Transunion, Experian, and Equifax are bonded in the state of Texas and are required to comply with Texas Finance Code if you fail to meet code requirements.


Delete this tradeline if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 (d)(1)


For the purpose of validation provide me with:

  • The name and address of the original creditor
  • The original date of default or non-payment of the debt with original creditor
  • The date the debt was transferred from the original creditor to the third party debt collector
  • The original balance
  • The current balance
  • Any fees added by your agency. Sec. 392.303 (a)(2)
  • Texas Surety bond information as required by Sec. 392.101

 

 

Regards,

Me

**************

Today, I received the following letter from them:

 

Cavalry is in receipt of a letter of dispute made pursuant to the Fair Credit Reporting Act ("FCRA") on the above-referenced account.

 

In acknowledgement of the dispute, we have requested that consumer reporting agencies report the account as disputed.

 

We have reviewed the dispute and find the dispute lacking in any specific facts or information which would allow us to conduct an investigation. Because the dispute alleges no specific information to form the basis for an investigation, we are unable to investigate the dispute pursuant to the FCRA.

 

Please provide us with the specific information that is being disputed and an explanation of the basis of the dispute..........

***********

 

I am a little confused, why I would need to give them specific info regarding this debt when I am asking them to validate the debt. Pls advise what is the next step....

 

Thx  

 

 

6 REPLIES 6
RobertEG
Legendary Contributor

Re: Need Assistance with Collection Agency Response from Texas Debt Validation Letter

Your letter referred to prior disputes under the FCRA, but clearly identified the letter as a request for debt validation under section 392.202, with specific reference to the deletion requriment under section 392.202(d)(1).

 

The debt collector, intentioanally or due to misinterpretation, treated the letter as a direct dispute under FCRA 623(a)(8), under which the implementing regulations at 16 CFR 660.4 permit them to dismiss the direct dispute as lacking in adequate information so as to enable them to conduct a reasonable investigation of your dispute.

 

The most prudent route would be to send them a clarifying letter, clearly stating that your prior letter was not a direct dispute under FCRA 623(a)(8), but rather was sent for validation under section 392.202 of the Texas Finance Code.

That would legally put them on clear notice of the intent of the letter.

 

However, you could alternately consider the letter clear, and treat their lack of compliance with the deletion provision of the Texas Finance Code as a clear violation of that statutue.  Complaint of violation would be directed to the office of the attorney general for the state of  Texas.

 

As for what you demand as necessary for validation, such requirments are not part of the Texas Finance Code, which requires only that they privide a statement that they "deny the inaccuracy."  The code does not requrie that they provide the stated documentation in order to comply with the statement requirment.

 

Texas Finance Code, Section 392.202(b)

 “Not later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual:

(1)  denying the inaccuracy;

(2)  admitting the inaccuracy;  or

(3)  stating that the third-party debt collector has not had sufficient time to complete an investigation of the inaccuracy.”

 

Message 2 of 7
Anonymous
Not applicable

Re: Need Assistance with Collection Agency Response from Texas Debt Validation Letter

Well said Robert. I think too often people get these form validation/verification/substantion of debt letters of the internet that demand signed contracts, business license and the whole nine yards and think it actually puts a requirement on the creditor or agency or law firm to provide it. It doesn’t. No matter what you put in your letter almost always you’ll get one what the law requires, not what the person is requesting.

Message 3 of 7
caramel25
Established Member

Re: Need Assistance with Collection Agency Response from Texas Debt Validation Letter

Just wanted to give an update on this situation.....

 

I hadn't responded to Cavalry's response letters regarding the TX debt validation letters that I sent them regarding 2 collections. Yesterday, I received 2 letters from Cavalry stating the following......

 

Cavalry Portfolio Services, LLC acknowledges your dispute regarding the above referenced account. In order to provide you with the best customer service, we have closed the account mentioned above. All collection attempts have cease and will not restart.

 

Sincerely,

 

Customer Relations Department

Cavalry Portfolio Services, LLC

 

Cavalry has requested that credit reporting agencies delete Cavalry's tradeline from your credit report.

 

This is great news! I appreciate everybody's assistance........

Message 4 of 7
Anonymous
Not applicable

Re: Need Assistance with Collection Agency Response from Texas Debt Validation Letter

Woohoo!! Congrats!

I wish I had done DV before paying collections. But that’s awesome that they’re going to be deleted!! 👏🏻👏🏻👏🏻
Message 5 of 7
cjane1
Frequent Contributor

Re: Need Assistance with Collection Agency Response from Texas Debt Validation Letter

In case you don't know, you can check on Credit Karma to see if it has been removed. Credit Karma is good for reportings but not the scores.

Message 6 of 7
caramel25
Established Member

Re: Need Assistance with Collection Agency Response from Texas Debt Validation Letter

I just checked and they were removed! That was fast.....

Message 7 of 7
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