For a CA to charge a collection fee. The Ca sent me a response to validation letter. It was a lousy computer printout . its a medical collection. It shows a collection fee being charged. I am in TX?? Should i send this lousy validation attempt to thr CRA's?? Is there a sample letter I can uses to get deletion??
yes they are bonded called the state of texas and they verified the CA is Bonded. Doesnot need to be licensed
ok. you sent the validation letter, they sent a print out. Unless I'm mistaken this doesn't meet the requirements of the FDCPA. Lets see... 15 USC 1692g (b) of the FDCPA states that "If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector." A computer generated report isn't adequate to fulfill this requirement. Wait the 30 days (if its not already over) from the time you asked for validation. Then send a followup estoppel if they don't give up the info. Simultaneously send one to the OC and let them know that the CA is in violation of the law and that they too are responsible for the contact of the CA. Hopefully the OC will pull it from the CA or the CA will screw up and get you a few violations you can sue for. If it goes back to the OC try to negotiate a good deal for yourself. (maybe mention that you wished they had tried to work the matter out with you before they got themselves in trouble with a disreputable CA). anyways...hopefully my advice isn't bullshit. lol.
Next step 30 days after they got your VL send estoppel . Did you dispute with the CRAs after you got the green card back?
Re: Re: Is it legal????? Are you sure it wasn't the CA who verified If it was the CA you have them on a 1000 dollar violation for verifing prior to validating with you. Did the CA mark it in dispute if they didn't that's another $1000 violation.
Re: Re: Is it legal????? lbrown...it was my impression that the violation of not marking an account as in dispute was enforcable only by the government. If it is a cause of action do you know if it applies to disputes with the OC as well?
Re: Re: Is it legal????? it was my impression that the violation of not marking an account as in dispute was enforcable only by the government. rondaben ><- <>- ><- <> Where did you get your impression ? 10 fun comebacks for your telemarketerhttp://www.bankrate.com/cweb/news/advice/20040122b1.asp
Re: Re: Is it legal????? You need to look at the Tx version of the FDCPA. http://www.capitol.state.tx.us/statutes/fi/fi0039200toc.html Here's an interesting section. If they can't validate in 30 days, they must delete. § 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.
