12-13-2012 10:41 PM
Also tfc 392 says :
(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.
(c) If the third-party debt collector admits that the item is inaccurate under Subsection (b), the third-party debt collector 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 cease collection efforts related to the portion of the debt that was found to be inaccurate and on correction of the item send, to each person who has previously received a report from the third-party debt collector containing the inaccurate information, notice of the inaccuracy and a copy of an accurate report.
So by law, they have 30 days to respond, which they haven't. I am just trying to figure out who to contact saying, Hey you screwed up, delete this.
12-13-2012 10:44 PM
Hmm,, lots of words in there. I would have just sent a DV stating the Texas statute. I'm not sure about all the rest as far as accuracies. I'm not an attorney. But, nonetheless, you did cite the state statute, so I believe you have met the criteria. They have failed to respond to it according to the rules. I hope that someone else can lend their thoughts on this.
12-13-2012 10:47 PM
Looking it over, and looking at some previous responses on other posts. Take a copy of the letter and a copy of the CMRRR and send it to the CRAs, and also file a complaint with the State AG.
12-13-2012 10:51 PM - edited 12-13-2012 10:53 PM
Yeah, I have had more success in sending real lengthy letters and them not bothering to read them, and they just delete the tradeline... its happened to me about 6 times already. However I have never had someone go the 30 days without a peep so I have never had to send another letter. Guess I just got lucky in the past... Basically I just told them to stop pulling my credit report and send me the papers as require by texas law...
I also have the green card for this letter, so I know they got it. They probably just threw it in the trash..
I think i'm gonna go ahead and send out letters to CACH, telling them their schmuck of a lawyer didn't validate my letter as required by tfc, and make a copy of the green card and letter they sent me... and tell them to delete it or i will be filing complaints.
12-13-2012 11:39 PM
I wish I lived in TX. That law rocks. Also, tell them in the letter if it is not deleted in the 5 days, you will file complaint with the BBB, and CFPB.
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