Jump to content

Generic response to DV


Recommended Posts

Hello eveyone! I recently DV's 3 items on my reports with the CA's and disputed with the 3 CRA's. The problem im having is that none of the 3 CRA's reported it as disputed. I didnt recieve anything from any of the CRA's. Only one of the 3 CA's sent me anything. The one CA that did send me correspondence was a generic "this is an attemp to collect a debt" letter. No proof whatsoever included just an amount and a bill. What should be my next step? Should i re-dispute with 3 CRA's and re-DV? Since i live in TX DV's are never untimely. Ive done some research and cannot find any of the CA's bonded with the office of the TX Secretary of State to even collect from me. Any comments or suggestions will be appreciated.

Link to comment
Share on other sites

If the DV letters weren't timely, then the FDCPA really isn't going to help you. You're going to have to go the state legal route. Have you researched what remedies you have under TX law? It might be more fruitful to get the info straight from the horses mouth rather than having to wait for someone here to comment.

Here in Michigan, we have laws that are very similar to the FDCPA, but also have two interesting, additional tidbits: 1) It applies to OC's as well as CA's and 2) validation must also include a complete payment history. The downside is that if I sue someone for violating those laws, I'm entitled to a whopping $50. So I'd almost never consider suing for violation, but it does make a useful club. My DV letters include citations and quotes of MI state law (minus the pitiful penalties, obviously).

You might want to try something similar in an ITS letter. Cite/quote specific TX state law in a letter to "remind" them of TX's awesome consumer credit laws. And then:

A) If you just want the TL's to go away and you aren't sure you have enough ammo to win in court: Make a veiled threat of "you'll be me meeting with your attorney to consider your legal options" if they don't delete within 5 days of receiving the letter.

or B) If you're comfortable that you have them cornered and you'd be entitled to something more than say, $50: Straight out tell them that you will sue them if they don't delete within 5 days. And they don't delete, sue.

(I don't believe that they'll sue you for the amount of the debts. Esp. since I'm pretty sure that creditors can't sue you in small claims in TX, but you might want to check your state's SOL just to be sure. If you really do sue them and you don't have them dead to rights for damages in excess of the debt, the tactic could backfire.)

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.