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No response to DV

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Anonymous
Not applicable

Re: No response to DV

Also tfc 392 says :

(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.

 

(c)  If the third-party debt collector admits that the item is inaccurate under Subsection (b), the third-party debt collector shall:

(1)  not later than the fifth business day after the date of the admission, correct the item in the relevant file; and

(2)  immediately cease collection efforts related to the portion of the debt that was found to be inaccurate and on correction of the item send, to each person who has previously received a report from the third-party debt collector containing the inaccurate information, notice of the inaccuracy and a copy of an accurate report.

So by law, they have 30 days to respond, which they haven't. I am just trying to figure out who to contact saying, Hey you screwed up, delete this.

Message 11 of 15
Shogun
Moderator Emeritus

Re: No response to DV

Hmm,, lots of words in there.  I would have just sent a DV stating the Texas statute.  I'm not sure about all the rest as far as accuracies.  I'm not an attorney.  But, nonetheless, you did cite the state statute, so I believe you have met the criteria.  They have failed to respond to it according to the rules.  I hope that someone else can lend their thoughts on this.

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Message 12 of 15
Shogun
Moderator Emeritus

Re: No response to DV

Looking it over, and looking at some previous responses on other posts.  Take a copy of the letter and a copy of the CMRRR and send it to the CRAs, and also file a complaint with the State AG.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
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Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 13 of 15
Anonymous
Not applicable

Re: No response to DV

Yeah, I have had more success in sending real lengthy letters and them not bothering to read them, and they just delete the tradeline... its happened to me about 6 times already. However I have never had someone go the 30 days without a peep so I have never had to send another letter. Guess I just got lucky in the past... Basically I just told them to stop pulling my credit report and send me the papers as require by texas law...

I also have the green card for this letter, so I know they got it. They probably just threw it in the trash..

I think i'm gonna go ahead and send out letters to CACH, telling them their schmuck of a lawyer didn't validate my letter as required by tfc, and make a copy of the green card and letter they sent me... and tell them to delete it or i will be filing complaints. 

Message 14 of 15
jandj80
Regular Contributor

Re: No response to DV

I wish I lived in TX. That law rocks. Also, tell them in the letter if it is not deleted in the 5 days, you will file complaint with the BBB, and CFPB. 


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Message 15 of 15
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