No response to DV

[Anonymous]

So a lawyer hired by Cach, LLC for an old CO account (OC was BOA) pulled my credit report two days in a row, sent me a demand for payment letter 3 days later, pulled my credit report again a week later(Yes, 3 HARD pulls).. So I sent him a DV, next day delievery, RR and haven't heard anything back.. Tomorrow will be 30 days..  What should I do if he doesn't respond? Should I send both letters to him and CACH, LLC? Because CACH,LLC is the one reporting but they don't "do any direct collection activities"

[Shogun]

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@Anonymous wrote:

So a lawyer hired by Cach, LLC for an old CO account (OC was BOA) pulled my credit report two days in a row, sent me a demand for payment letter 3 days later, pulled my credit report again a week later(Yes, 3 HARD pulls).. So I sent him a DV, next day delievery, RR and haven't heard anything back.. Tomorrow will be 30 days..  What should I do if he doesn't respond? Should I send both letters to him and CACH, LLC? Because CACH,LLC is the one reporting but they don't "do any direct collection activities"

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So how old is this account?  You say it's old, how old?  Is this the first contact from this lawyer?  Or from Cach?  Don't let Cach give you that about direct collection activities, they are reporting to your CR, that is a direct collection activity.

Is the DV within the first 30 days of contact?  From when you received their dunning notice?

[Anonymous]

The CO is from 2010.
Yes, This is the first time I have heard from this lawyer, I DV'd him within the 30 days of the dunning notice. Still nothing from him or Cach, LLC

[Shogun]

OK, so the DV was timely.  Now, they don't have to respond within 30 days.  They don't have to respond at all.  When you sent the timely DV, it precluded them from any further collection attempts until they have verified the debt.  It doesn't call for deletion, or anything else.  

[Anonymous]

I sent it using Texas Finance Code, since im in Texas..

[Anonymous]

So how can they legally keep this on my credit report if they cannot validate the debt? 

[Shogun]

Well, you had to play the Texas card didn't you?  LOL

Found this from cw81 concerning the statutes of Texas concerning DVs.

Re: DV in Texas 

10-12-2008 02:12 PM

Edub  you  can DV in TX using  TFC 392 and DTPA Chapter 17  it has stronger teeth than  FDCPA and damages for violations can  triple according to the statutes. 

§392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES. (a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice.

( Not later than the 30th day after the date a notice of inaccuracy is received, the third-party debt collector or credit bureau 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 or credit bureau has not had sufficient time to complete an investigation of the inaccuracy.

� If the third-party debt collector or credit bureau admits that the item is inaccurate, the third-party debt collector or credit bureau shall:

(1) not later than the fifth business day after the date of the admission, correct the item in the relevant file; and

(2) immediately on correction of the item send to each person who has previously received a report from the third-party debt collector or credit bureau containing the inaccurate information notice of the inaccuracy and a copy of an accurate report.

(d) If the third-party debt collector or credit bureau states that there has not been sufficient time to complete an investigation, the third-party debt collector or credit bureau shall immediately:

(1) change the item in the relevant file as requested by the individual;

(2) send to each person who previously received the report containing the information a notice that is equivalent to a notice under Subsection � and a copy of the changed report; and

(3) cease collection efforts if the item involves a debt.

(e) On completion by the third-party debt collector or credit bureau of the investigation, the third-party debt collector or credit bureau shall inform the individual of the determination of whether the item is accurate or inaccurate. If the third-party debt collector or credit bureau determines that the information was accurate, the third-party debt collector or credit bureau may again report that information and resume collection efforts

[Shogun]

Edub  you  can DV in TX using  TFC 392 and DTPA Chapter 17  it has stronger teeth than  FDCPA and damages for violations can  triple according to the statutes. 

§392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES. (a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice.

( Not later than the 30th day after the date a notice of inaccuracy is received, the third-party debt collector or credit bureau 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 or credit bureau has not had sufficient time to complete an investigation of the inaccuracy.

� If the third-party debt collector or credit bureau admits that the item is inaccurate, the third-party debt collector or credit bureau shall:

(1) not later than the fifth business day after the date of the admission, correct the item in the relevant file; and

(2) immediately on correction of the item send to each person who has previously received a report from the third-party debt collector or credit bureau containing the inaccurate information notice of the inaccuracy and a copy of an accurate report.

(d) If the third-party debt collector or credit bureau states that there has not been sufficient time to complete an investigation, the third-party debt collector or credit bureau shall immediately:

(1) change the item in the relevant file as requested by the individual;

(2) send to each person who previously received the report containing the information a notice that is equivalent to a notice under Subsection � and a copy of the changed report; and

(3) cease collection efforts if the item involves a debt.

(e) On completion by the third-party debt collector or credit bureau of the investigation, the third-party debt collector or credit bureau shall inform the individual of the determination of whether the item is accurate or inaccurate. If the third-party debt collector or credit bureau determines that the information was accurate, the third-party debt collector or credit bureau may again report that information and resume collection efforts

[Anonymous]

So they didn't reply AT ALL. Which brings me back to square one, Should I send them a letter reminding them? Send a letter to Cach telling them that their little lawyer guy didnt respond, or file a complaint with the AG, or BBB? Or all of the above?

[Shogun]

You will need to send another DV.  This time you will send it under the Texas statute TFC 392.  Also according to this statute, it doesn't have to be within the 30 day time frame, but you must include the statute so they know you are filing under the state statute vs the federal FDCPA.

[Anonymous]

Sorry to be a pain, but this is confusing for me. I sent this DV to the lawyer already. It states TFC 392.

I recently received a collection notice from your law firm. This is not a refusal to pay, but a notice that your claim is disputed. I nonetheless, maintain the position that there are no amounts due or owing to you or any other entity in the claimed amount. As I am a Texas resident, I will be using Chapter 392.202 Texas Finance Code to back up my dispute and I suggest you adhere to its provisions. I will not hesitate to act if you disregard my rights or violate the Texas laws you are required to respect.

As I have no account with you, nor have I entered in a contract with you, I must ask you for the agreement that bears my wet ink signature wherein I agreed to pay the original creditor Bank Of America this alleged amount and ask of you to supply any contract wherein you were legally assigned to collect this debt from the original creditor.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

Absent a validation of the claim within the thirty days specified in Texas law, any tradelines reported to any credit reporting agency that pertain to this claim are to be deleted. Failure to do so places me at risk of irreparable harm and is violative of the requirements of both state and federal law that reporting of credit be done in an accurate manner. It stands to reason that a matter that cannot be validated cannot also be considered as accurately reported as a tradeline.

It is expected that within thirty days from the date of your receipt of this letter, as evidenced by the delivery date on the Return Receipt card, your offices will have either provided the documents required for validation of both the claim or this matter will have been closed and the tradeline deleted.

This is a request for information only, and is not a statement, election, or waiver of status.

Nothing in this letter authorizes another hard pull or a soft pull of my credit information. Your recent hard pull on my credit report, along with the account number(s) you have on file, should provide you with sufficient information with which to identify me in your existing records. There should be no basis for you to request additional information from me in the validation process. It is not incumbent upon me, as the injured party, to build your files for you, nor should I pay a penalty in the form of a reduced score for your attempts to reconstruct records which you should already have possessed prior to making any claim. If such retrieval is discovered to have occurred, it will be evaluated for action as a non-permissible access of the report as well as retaliatory actions for the exercise of rights provided to the consumer under both state and federal law.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. If I am contacted by anyone from your law firm, CACH LLC, or anyone hired by either company demanding payment or if during this validation period, any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

Again, I would again point you in the direction of Section 392.202 which references the duties of the collector upon notification of the matter being in dispute. There are a number of areas in which the provisions of the Texas Finance Code mirror federal statutes that would govern this issue.