Texas Debt Validation questions

[Anonymous]

I sent a debt validation to the collection agency and they sent me only part of the information requested.  Before they send the information they called attempting to collect.  I let them know we had sent the debt validation and had not yet received anything.  After receiving the partial information I prepared another letter to them staing that it was incomplete.  During this time they have called an additional four times and they put it on my credit report.  It's a medical collection by the way.  I have filed with the BBB and CFPB.  They have only responded to the BBB and basically ignored the concerns about the contact to us while there was a debt validation in place.  Only thing they did was confirm they talked to us and sent us a bill.  I have refused all their responses.  I have not heard from the CFPB yet and have begun to draft a letters to the attorney general.  

Any advice on this situation?  Company is financial control services.

[gdale6]

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@Anonymous wrote:

I sent a debt validation to the collection agency and they sent me only part of the information requested.  Before they send the information they called attempting to collect.  I let them know we had sent the debt validation and had not yet received anything.  After receiving the partial information I prepared another letter to them staing that it was incomplete.  During this time they have called an additional four times and they put it on my credit report.  It's a medical collection by the way.  I have filed with the BBB and CFPB.  They have only responded to the BBB and basically ignored the concerns about the contact to us while there was a debt validation in place.  Only thing they did was confirm they talked to us and sent us a bill.  I have refused all their responses.  I have not heard from the CFPB yet and have begun to draft a letters to the attorney general.  

Any advice on this situation?  Company is financial control services.

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A DV is only effective if its sent within the first 30 days of a CA getting the collection and if you sent it during this time and they did what you say you have them on violations of 1K for each offense, if it was past the timeframe then they were within their rights. I advise you to Google and use the HIPAA Process for this but do nothing until your complaints have been resolved.

[RobertEG]

If the validation request was sent under the TX Financial Code, there is no 30 day period in which it must be sent.  It is not covered by the FDCPA.

Thus, there is no timeliness issue on your part.

They were required to respond within 30 days.  They did so.  They consider their response to have constituted validation, and thus, in their opinion, the cease collection bar is lifted and credit report deletion is not required.

Should you consider their repsonse to be inadequate, then you are asserting two items: 

1.  They must delete their credit reporting until such time as they do provide validation, and

2.  The cease collection bar remains in place.

You have contesting views of the adequacy.  The CFPB has jurisdiction over the FDCPA, not the TX Financial code. The BBB is an informal complaint of business practices.   The proper venue for complaint is with the TX Office of the AG, or your own civil action in the TX courts.

[Anonymous]

I recieved the first notification around November 10 and immediately sent the debt validation.  I think my best bet is the attorney general for texas if they do not respond to my second certified letter.  I have used the texas debt validation previously but have never had this situation happen.