I just received another call from a CA after sending out the Estoppel letter. This CA informed me that they are "working on behalf of the OC" and that they "don't own the debt" . The guy kept asking me what I wanted. He also told me that it wasn't illegal for him to call and ask about paying these debts. Also said nothing in the way of the mini miranda (whole conversation on tape) This is the CA that we've gotten multiple violations on and I think we now have another one! Any input on this. we are in TX and this was a medical collection.
392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES. (a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice. (b) Not later than the 30th day after the date a notice of inaccuracy is received, the third-party debt collector or credit bureau 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 or credit bureau has not had sufficient time to complete an investigation of the inaccuracy. (c) If the third-party debt collector or credit bureau admits that the item is inaccurate, the third-party debt collector or credit bureau 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 on correction of the item send to each person who has previously received a report from the third-party debt collector or credit bureau containing the inaccurate information notice of the inaccuracy and a copy of an accurate report. (d) If the third-party debt collector or credit bureau states that there has not been sufficient time to complete an investigation, the third-party debt collector or credit bureau shall immediately: (1) change the item in the relevant file as requested by the individual; (2) send to each person who previously received the report containing the information a notice that is equivalent to a notice under Subsection (c) and a copy of the changed report; and (3) cease collection efforts if the item involves a debt. (e) On completion by the third-party debt collector or credit bureau of the investigation, the third-party debt collector or credit bureau shall inform the individual of the determination of whether the item is accurate or inaccurate. If the third-party debt collector or credit bureau determines that the information was accurate, the third-party debt collector or credit bureau may again report that information and resume collection efforts. ------------------------------- Hello! They had 30 days to do something or delete. Now is not the time to find out what you want. ITS Note - This section was changed 9/1/2003 nothing that will change the meaning for your purposes here, but changed nonetheless do not quote this verbatim.
