topic Re: Texas Debt Validation reply in Rebuilding Your Credit

Texas Debt Validation reply

Anonymous — Wed, 14 Dec 2016 15:56:16 GMT

Hey all. Recently I sent a Texas Debt Validation letter to a collection agency (cavalry portfolio) for credit card debt from 4 years ago that was written off by chase and sold to them. The texas debt validation is completely different from the normal federal one and they have to provide the information requested within 30 days.

They sent back a reply but it had nothing to do with anything I asked for in the texas debt validation letter. They stated they recieved my "dipute" but lacked the information to investigate. But also in the same letter said they were going to mark my credit as "disputed" for the account.

This was a Texas debt validation letter I sent them and not a dispute. Also it did not lack anything. I sent them exactly what they needed to validate the debt per Texas code 392.

What should I do next? Reply back? Wait 30 days? Send complaint to texas attorney general?

The letter I sent them was a template I got from another post.

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Thanks!

--Daniel

Re: Texas Debt Validation reply

rmduhon — Wed, 14 Dec 2016 16:17:30 GMT

Sent you a PM

Re: Texas Debt Validation reply

RobertEG — Wed, 14 Dec 2016 19:22:55 GMT

The debt collector is required to respond within 30 days, but that response is not required to provide validation.

They can state that they are not yet prepared to validate.

In that event, they are required under the TX Finance Code to delete their reported collection, but may reinsert once they provide validation.

The lack of compliance is thus not their lack of validation, but rather their lack of deletion of their reported collection.

Re: Texas Debt Validation reply

Anonymous — Fri, 16 Dec 2016 19:05:05 GMT

They didn't even state they were (not yet prepared to validate).

The treated it as a dispute under the federal. They said they recieved my "dispute" and would mark my credit report as "disputed" BUT They also stated I did not include enough information for them to even conduct an investigation. (even though I specifically requested what the texas DV process requires and included my account number they assigned me, name, and address.)

They are completely side stepping the Texas debt validation request and from the sounds of it not even going validate anything.

Re: Texas Debt Validation reply

RobertEG — Fri, 16 Dec 2016 19:14:50 GMT

If they responded, I would not pursue a violation based on lack of response within the 30-day period.

I would treat their statement that they do not have enough info as being basis for required deletion of their reported collection.

You are correct in that you are not required to show an actual error in order to request validation.

Your letter was not a direct dispute, but rather a DV request.

I would respond by stating that you have provided a request for debt validation undr the TX Finance Code, not a direct disute under the FCRA, and thus no additional info is required, and that they must delete their reported collection based on lack of validation.

They can choose never to send validation, and there is no violation of the TX Finance Code as long as they delete the reported collection........

Re: Texas Debt Validation reply

Anonymous — Fri, 16 Dec 2016 19:26:39 GMT

Here is what they sent me. I think they are saying I did not provide enought information to them. Not that they can't provide enough information.

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Cavalry is in receipt of your letter of dispute made pursuant to the Fair Credit Reporting Act (“FCRA”).

In acknowledgement of your dispute, we have requested that consumer reporting agencies report the account as disputed.

We have reviewed your dispute and find the dispute lacking in any specific facts of information which would allow us to conduct an investigation. Because your dispute alleges no specific information to form the basis for an investigation, we are unable to investigate the dispute pursuant to the FCRA.

Please provide us with the specific information that you are disputing and an explanation of the basis of your dispute.

If you have any questions, please contact us at 1-866-483-5139 from 9:00am to 5:00pm, Eastern Time, Monday through Friday.

Thank you for giving us the opportunity to address your concerns.

Sincerely,

Customer Relations Department

Cavalry Portfolio Services, LLC

Re: Texas Debt Validation reply

RobertEG — Fri, 16 Dec 2016 19:27:24 GMT

They improperly treated your DV request as a dispute under the FCRA.

They can hold a direct dispute as lacking adequate showing of an asserted inaccuracy, but that does not apply to DV requests.

Again, I would respond by stating that your prior communication was NOT a dispute under the FCRA, but rather a DV request under the TX Finance Code, and thus your communication did not lack basis.

Re: Texas Debt Validation reply

Anonymous — Fri, 16 Dec 2016 19:30:20 GMT

So are you saying to wait 30 days and then send them a reply letter stating they did not validate correctly.

OR Don't send them anything wait 30 days and then complain to BBB to get it removed because they did not validate?

Re: Texas Debt Validation reply

RobertEG — Fri, 16 Dec 2016 19:36:40 GMT

I would, once 30 days has expired, consider their response as a statement that they are not prepared to validate at this time, and send a letter demanding deletion of their reporting of the collection, as required under the TX Finance Code.

I would additionally, in that communication, point out that your request was not a direct dispute under the FCRA, and thus their request for additional information is improper.

I would not assert that they have violated the TX Finance Code by not providing validation.

I would assert that their lack of validation has now triggered the requirment to delete their credit reporting.

Re: Texas Debt Validation reply

Anonymous — Fri, 16 Dec 2016 19:41:51 GMT

Thank you SO much. Sorry for all the questions, just don't want to trip up on some formalilty and them use it against me.

Last question: Do you feel it would be better to reply to them directly requesting the deletion after the 30 days or go through the BBB complaint method?

Re: Texas Debt Validation reply

RobertEG — Fri, 16 Dec 2016 23:13:49 GMT

You want to put them immediately upon notice that (1) you did not file a direct dispute under the FCRA, (2) you have no need to provide any additional information, and (3) that you are awaiting their deletion of any credit reporting.

I would send directly to them.

The BBB is an informal complaint process. What you want to provide them notice of is their requirments under the statute.

Re: Texas Debt Validation reply

Anonymous — Mon, 19 Dec 2016 19:50:51 GMT

On the requirnments for the Texas Debt Validation it wants the "The original date of default or non-payment of the debt with original creditor"

Is the original date of default the last payment made to account? OR when the original creditor charged off the account?

Re: Texas Debt Validation reply

RobertEG — Mon, 19 Dec 2016 23:49:26 GMT

Neither.

It is the billing due date of the first payment that was delinquent, and the account thereafter remained delinquent up to the point that it was referred for collection.