Texas DV letter response

[Anonymous]

Below is a response I got after sending a DV letter stating the Texas finicial code.

Re: ( apartment complex)

Client reference: ***

Balance $2,054.59

Dear ............

Please find the enclosed detailed information to substantiate the debt that the above mentioned client has placed in our office for collection.

If you have any additional questions, please feel free to contact our office toll free at 888-880-6020

They also attached a copy of the 1st and 6th page of the contract I signed with the apartments along with a account summary of other fees I owed. All of this was dated from 2013 and was not recently verified with the apartment complex.

To make a long story short the apartment complex has no record of me breaking the lease they lost the record. That being said how can the CA verify the information especially since they don't own the account?

What do I do next?

[Anonymous]

Did you break the lease, thereby actually incurring the debt?

If so, there is little to do.  Their authorization/assignment to collect the debt is producable, but you'd have to file a lawsuit against them and get them to produce it in discovery - they aren't likely to just send you a copy right now.  They've responded to your validation request, so they are free to carry on with their collection activity at this point.  You cannot file a dispute if the debt is in fact yours, as they will vaildate it with the CRA just like they did with you.

If the debt is not yours, then you can dispute it with the CRAs, but in all likeihood they'd just receive the same response form the collector to their dispute and come back to you with "debt was verified."  You might have other options, lawsuit or otherwise, if the debt is in fact not yours, but exploring those is at your cost and time until the point if and when the judge orders them to pay you back.

[Anonymous]

The debt is mine i am disputing the amount the account summary they sent me shows the broken lease fee which i am more then willing to pay. But they are charging an extra $1,000 for stuff i do not agree on and the apartment complex doesnt have any record of me living there so how can i even fight that? I would have to take them to court?

[Anonymous]

If the CA hasn't provided any of the other things requested under the TFC then I'd wait until the 30 day time limit has passed then file a complaint with the TX Attorney General and the BBB for the area. It might take a bit longer but the CA will have to delete the account from your reports. Then you can negotiate the debt

[Anonymous]

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rmduhon27 wrote:
If the CA hasn't provided any of the other things requested under the TFC then I'd wait until the 30 day time limit has passed then file a complaint with the TX Attorney General and the BBB for the area. It might take a bit longer but the CA will have to delete the account from your reports. Then you can negotiate the debt

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Thats where im confused what all is required for them to provide under the TFC

[Anonymous]

If you used a Texas DV template (I used one from here) then the listed items that the CA has to provide within 30 days is this:

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

If the CA can't provide all of these things within 30 days then they have to cease collection activity and remove the account from your reports until they can.

[Anonymous]

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@Anonymous wrote:

If you used a Texas DV template (I used one from here) then the listed items that the CA has to provide within 30 days is this:

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

If the CA can't provide all of these things within 30 days then they have to cease collection activity and remove the account from your reports until they can.

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It looks like the 2 things they did not provide was the surety bond information and the date the debt was transfered from the original creditor to the third party creditor.

so should i wait untill the 30 days is up and then proceed?

[Anonymous]

I would, or if you're feeling nice you can remind them that they haven't met all the requirements of a Texas DV.

[RobertEG]

Texas Finance Code, section 392.202(b):

"(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."

All that is requried is that they investigate and send a written statement denying the inaccuracy.  They have done so, and thus they consider the response to be adequate.

As for the OC no longer having any basis to validate, that is not relevant.The validation is being done by the debt collector.  If the OC passed adequate documentation to them that was the basis for their investigation and denial of inaccuracy, they have complied with the requiriment of the TFC.  Assumption that they dont have documentation is something you would need to assert in court, and thus compel production of their documentation via discovery.

If you can document a lower debt amount, that might be basis for a dispute under the FCRA, but resolution of the inaccuracy would only mandate correction of the balance due, not deletion of the reported collection.Perhaps an offer to pay at only the amount you agree is now due would be your best course.

[RonM21]

To his point, it seems like there would be a lot of hassle trying to get the outcome desired. Depending on what you're willing to pay, they may just work with you on a settlement. Or somehow, an amount that would satisfy them enough to delete.