TX DV Fails

[chela62678]

I am very disappointed as I see so many of you have all these successes with TX Debt Validations.

I had to email ARS since they only have po box. They sent me a dunning notice instead of validation.

Network collection sent me the contract with incorrect information.

Finacial Services sent me a letter with the amout owed, out of SOL but they also said that there is no law that requires them providing the information I asked for.

How are all of you getting so much success?

Grrrrrr

[Anonymous]

So th next step is to send a second letter.  I took the first letter and changed it to add that because they failed to validate the debt per the texas finance code please remove.  Chances are they willl not respond.  What I then did was file a BBB claim and provided them with they the information and that they failed to reply.  I then also disputed with the CRAs and uploaded th letters I sent the.  Not sure which worked but it was removed.

[joedtx]

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@chela62678 wrote:

I am very disappointed as I see so many of you have all these successes with TX Debt Validations.

I had to email ARS since they only have po box. They sent me a dunning notice instead of validation.

Network collection sent me the contract with incorrect information.

Finacial Services sent me a letter with the amout owed, out of SOL but they also said that there is no law that requires them providing the information I asked for.

How are all of you getting so much success?

Grrrrrr

---

Yes, it seems like there was recent string of fortune members that would just send the letter and voila' they would respond.

Baller4life & JJWatt might have a bit more detail in dealing with these 'no response' or 'lack of response' CA's

I understood the steps in the process as this:

1. Send in Texas DV Letter

---> if CA responds delete reported charge  END

---> If CA responds anything other than delete go to step 2.

2. Submit new letter with rebuttal of what is incomplete:

a. lack of response

b. incomplete/ missing information

c. include copy of 1st letter / certified acceptance

d. clearly state lack of compliance with Tx Law and request response within a set timeframe or followup with Tx atty gen office go to step 3.

3. Acknowledgement (based on set timeframe)

-->If CA responds delete of repoted charge . END

-->If CA responds responds anything other than delete go to step 4.

4. Dispute

a. Submit all information with a complete description and documentation to Tx Attorney Generals office at this link: https://www.texasattorneygeneral.gov/forms/cpd/form.php

b. Others have suggested also submitting complaints to the BBB (not sure if you file to your local office or region where CA is located)

c. Also some have had success submitting complaints to the CFPB as well. link: http://www.consumerfinance.gov/complaint/

Hope this helps. 

[RobertEG]

The TX DV process did not fail, the debt collector simply chose not to comply with the deletion provision of that code.

I would file a complaint with the TX Office of the AG,

BBB complaints are fine, but they are informal.

You might also send a separate DV under the fed FDCPA since their dunning notice triggered a 30 day timeliness period under that statute.

[joedtx]

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@RobertEG wrote:

The TX DV process did not fail, the debt collector simply chose not to comply with the deletion provision of that code.

I would file a complaint with the TX Office of the AG,

BBB complaints are fine, but they are informal.

You might also send a separate DV under the fed FDCPA since their dunning notice triggered a 30 day timeliness period under that statute.

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Sorry I should have included you as a reference in the prior message i've noticed multiple threads where you've helped on this subject.

Thanks RoberEG! 

[chela62678]

thank you robert and joe!

This process is gonna take a while. 

One is only $133.

That is the only one on my CR so I want to pay it. I am calling tomorrow for a hope of PFD. This is the one out of SOL and advised me that there is no law that requires them to comply with my demands.

The others are all my hubby;s he has the most collections. But some look shady, and one of those was the incorrect info.

[joedtx]

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@chela62678 wrote:

thank you robert and joe!

This process is gonna take a while. 

One is only $133.

That is the only one on my CR so I want to pay it. I am calling tomorrow for a hope of PFD. This is the one out of SOL and advised me that there is no law that requires them to comply with my demands.

The others are all my hubby;s he has the most collections. But some look shady, and one of those was the incorrect info.

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You're welcome.

Now i'm no expert, but since this actually is a fail on their part by following the next steps the charge should be removed from your report. If you pay you can expect it to stay on there until the removal date on the CR.

Stay the course, you can do it.