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Texas DV Letter next step?

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lachrymosa
Established Member

Texas DV Letter next step?

I sent a Texas DV letter to CMRE for a collection on my TU and EX reports. I got a notification that that my TU score went up by one point and the only change in my report is that the CA placed a new comment on the collection: "Account information disputed by consumer, meets FCRA requirements".

I haven't received any communication from the CA. I never disputed in my letter and I invoked the Texas Finance Code, NOT the FCRA. What should my next step be? Send a follow up DV letter asking them to validate again or I will file with the TX Attorney General? This is a duplicate of another collection on my report from a different CA btw.

Thanks for any insight anyone can offer.
You can't take the sky from me...

Starting scores 8/18/15
Experian 590 Transunion 609 Equifax 620
Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: Texas DV Letter next step?

The TX Finance Code mandates that the debt collector respond within 30 days, not that they provide validation within 30 days.

Their response can be a statement that they are not yet prepared to provide validation.

However, if they do not provide validation, they must delete their collection until such time as they do provide the requested validation.

 

Technically, yes, if they provide no response, that is a violation of the TX Finance Code, but the substantive issue is that lack of valiation requires their deletion of their collection.

 

I would send a communication advising them that they are in violation of the code by lack of response, and more significantly, that they must now report deletion of their collection.  You can follow with a complaint to the TX Office of the AG for their clear violation at any time, but I would immediately provide them notice of their need to delete.

Message 2 of 5
lachrymosa
Established Member

Re: Texas DV Letter next step?

Thanks for the clarification! I'll do as you suggest.
You can't take the sky from me...

Starting scores 8/18/15
Experian 590 Transunion 609 Equifax 620
Message 3 of 5
HornsFan
Valued Member

Re: Texas DV Letter next step?

let us know the result please!

MyFico l Equi - 784 l Exp - 752 l Trans - 786

[as of 7/13/2008]
Message 4 of 5
Anonymous
Not applicable

Re: Texas DV Letter next step?


@lachrymosa wrote:
I sent a Texas DV letter to CMRE for a collection on my TU and EX reports. I got a notification that that my TU score went up by one point and the only change in my report is that the CA placed a new comment on the collection: "Account information disputed by consumer, meets FCRA requirements".

I haven't received any communication from the CA. I never disputed in my letter and I invoked the Texas Finance Code, NOT the FCRA. What should my next step be? Send a follow up DV letter asking them to validate again or I will file with the TX Attorney General? This is a duplicate of another collection on my report from a different CA btw.

Thanks for any insight anyone can offer.

Which CA has the earlier reporting date? Simply dispute that one with the comment "CA does not have collection authority"

Message 5 of 5
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