DanceWithSimone Posted February 16, 2005 Report Share Posted February 16, 2005 I sent out "Debt Valtidation Letter" to a collection agency on my old Sprint cell phone. I gave them 30 days to validate..They sent me the same old collection letter telling me I owe $1,200..the SOL is up(that I know) ...and I see they are ignoring to validate.. My question is what is the next move..what letter can I use? I was thinking to write the Credit B and have them to investigate 30days.. then have them remove info that is not validated. Your help would be greatly appreciated. Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted February 17, 2005 Report Share Posted February 17, 2005 well, they already violated. You can now sue them if you wanted. Being that it is out of the SOL, I would sue and make part of the contract to make them delete it off your credit reports. But for more ammo, dispute it via CRA's and if they validate the tradeline, you got two violations, possibly more. If in Texas, you have about 10 violations. Link to comment Share on other sites More sharing options...
hendu Posted February 17, 2005 Report Share Posted February 17, 2005 Josh, Why 10 violations in Texas? I'm asking because I can use that info! Link to comment Share on other sites More sharing options...
anti-something Posted February 17, 2005 Report Share Posted February 17, 2005 letsee.Violation 1, not replying within 30 days as to whether the debt is accurate, inaccurate or they need more time to validate. which causes;Violation 2, any violation of the TXFDCPA is also a violation of the TXDTPAViolation 3, attempting to collect after receiving, but not replying to a DV. which causes;Violation 4, any violation of the TXFDCPA is also a violation of the TXDTPAViolation 5, if this is a first communication, they havent sent the mini-miranda. (FDCPA)Violation 6, if they have not updated that the debt is in dispute, they are violationg the TXFDCPA again, which meansViolation 7, any violation of the TXFDCPA is also a violation of the TXDTPAthats all I see..as to what to do, go ahead and dispute with the CRAs Link to comment Share on other sites More sharing options...
c m chase Posted February 17, 2005 Report Share Posted February 17, 2005 Agreed. Your next move should be to dispute with the CRA. If they verify and don't list "in dispute"...you got 'em again. Link to comment Share on other sites More sharing options...
miracle Posted February 17, 2005 Report Share Posted February 17, 2005 Just make sure you keep a great paper trail. Good Luck! Link to comment Share on other sites More sharing options...
JethroBo Posted February 26, 2005 Report Share Posted February 26, 2005 Would it help any to get this "debt validation" letter Notarized?Just curious, Because I need to send one out to Sprint PCS that is hitting me up for over $300. I cancelled their service after my year contract was up and they billed me for a year. Link to comment Share on other sites More sharing options...
c m chase Posted February 26, 2005 Report Share Posted February 26, 2005 Nah...no need for a notary. Just send out the DV. Link to comment Share on other sites More sharing options...
JethroBo Posted February 26, 2005 Report Share Posted February 26, 2005 Anyone know how I would go about getting the contact info? It doe not appear on my credit report and I have since discarded all the old notices they sent me. Link to comment Share on other sites More sharing options...
shafted Posted February 28, 2005 Report Share Posted February 28, 2005 This smells like Cavalry Portfolio Services LLC.. LOL.. I'm filing my suit if I dont hear back from them in 15 days, as per my 2nd DV letter. 6 violations, 2 repeat violations, and possibly 3 more if I can get them for reporting a closed account as Open. Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted March 1, 2005 Report Share Posted March 1, 2005 Josh, Why 10 violations in Texas? I'm asking because I can use that info! Bunch of Texas Finance code violations as well. (dont know specifics, my attorney is doing that.) keep in mind that under TFDCPA, you can get over 1k. I am suing Attention LLC for 3-5k plus lawyer's fees!If you need a lawyer, PM me and I will give you his number. I am very happy with them so far. Link to comment Share on other sites More sharing options...
hendu Posted April 11, 2006 Report Share Posted April 11, 2006 letsee.Violation 1, not replying within 30 days as to whether the debt is accurate, inaccurate or they need more time to validate. which causes;Violation 2, any violation of the TXFDCPA is also a violation of the TXDTPAViolation 3, attempting to collect after receiving, but not replying to a DV. which causes;Violation 4, any violation of the TXFDCPA is also a violation of the TXDTPAViolation 5, if this is a first communication, they havent sent the mini-miranda. (FDCPA)Violation 6, if they have not updated that the debt is in dispute, they are violationg the TXFDCPA again, which meansViolation 7, any violation of the TXFDCPA is also a violation of the TXDTPAthats all I see..as to what to do, go ahead and dispute with the CRAsWhat is the TXDTPA??? Link to comment Share on other sites More sharing options...
Jondor Posted April 12, 2006 Report Share Posted April 12, 2006 From my notes, a few highlights from the Texas laws affecting CRAs:Texas Finance Code Section 392392.201 - Must provide report to consumer within 45 days392.202(a) - must cease collection efforts during dispute investigation392.202( - CAs have 3o days to respond to dispute392.301(a)(3) - Penalty for misrepresenting status of a disputed debt392.401 - Bona fide error is a defense392.402 - Violations are also misdemeanors392.403 - $100 per violation plus injunctive relief, actual damages, etc.392.404 - All violations under 392 are also deceptive trade practices as governed by Texas Business & Commerce Code 17Texas Business & Commerce Code Section 20 - "Regulation of Consumer CRAs"20.06 - Dispute procedures20.06(a) - 30 days to investigate dispute20.06( - CRA must notify CA or OC within 5 days of dispute20.06(d) - If dispute is successful, then CRA must (1) delete info and revise file (2) provide revised copy to consumer20.06(e) - Item may not be reinserted without new information being brought forward20.06(f) - Notice of dispute results must be mailed within 5 days of end of investigation20.09 - Civil liability20.09(a) - Liability is greater of 3x actual damages or $1000 plus all expenses and fees in cases of "willful violation"20.09( - Liability is greater of 1x actual damages or $1000 plus all expenses and fees in cases of "negligent violation"20.09© - After judgment, extra penalty accrues at rate of $1,000 per day until item is corrected20.12 - All violations under TBCC 20 are also deceptive trade practices as governed by TBCC 1720.13 - Consumer's county of residence is appropriate venue for disputeNote that where these laws apply to CAs, they also apply to OCs. Hope this helps.Texas Fair Debt Collection Act (a/k/a Texas Finance Code Sect. 392): http://www.capitol.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000392.00.htm#392.001.00Texas Business & Commerce Code: http://www.capitol.state.tx.us/statutes/bc.toc.htm Link to comment Share on other sites More sharing options...
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