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soopuhstar

DV'ed debt w/CRAs but just found TEXAS laws. What can I do next?

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Hi all,

 

I have DV'ed all of my very old debt with the CRAs online only to just find that there are laws in Texas that may provide me additional remedies under the law to get this stuff removed (I've only lived here for about a year and a half). After 30 days, some of the debt came off but the big ones did not (think Midland, LVNV, NCS). I called the CRAs to see what evidence was presented and found that they basically just took their word for it. What steps should I take next after already disputing these items with the CRAs? Are there any additional remedies under Texas law? Any help would be appreciated!

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Hi all,

 

I have DV'ed all of my very old debt with the CRAs online only to just find that there are laws in Texas that may provide me additional remedies under the law to get this stuff removed (I've only lived here for about a year and a half). After 30 days, some of the debt came off but the big ones did not (think Midland, LVNV, NCS). I called the CRAs to see what evidence was presented and found that they basically just took their word for it. What steps should I take next after already disputing these items with the CRAs? Are there any additional remedies under Texas law? Any help would be appreciated!

 

The biggest advantage Texas laws give you is the ability to dispute AFTER the initial contact and they must validate or cease collection efforts.  NOTHING requires they delete the trade line if they do not validate with you.  Not even Texas law.  

 

There is NOTHING in the law that says the creditor must present ANY evidence to the CRAs in order to report.  They are only required to present evidence if they sue you in court AND the court requires it.  The only information that must be provided in validation is the name/address of the original creditor and the amount they allege you owe.  If there is a judgment they are required to give you a copy of that.

 

You can keep disputing but the reality is that the big ones will hang until the bitter end on reporting.  There is not a magic remedy to deleting them and they know it.  Texas law does not afford you additional protections when it comes to reporting only to disputing.  If they are reporting accurately the trade lines wills stay.  The other problem is after disputing and being verified the CRAs can refuse to investigate based on your filing repeated frivolous disputes so unless you have a big smoking gun they will simply ignore them and verify the lines again.

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I think I have an article on how to do a Texas one two punch where you cite the TX TFC-392. By using the 392 in your cite and telling them that them must validate in 30 days or remove the TL. This article would be in my Texas Thread use the search box to find it.

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Try this:

 

 As I am Texas resident, I will be using Texas Finance Code 392.202 to backup my dispute and I suggest that you adhere to its provisions. I will not hesitate to act if you disregard my rights or violate the Texas Laws you are required to respect. You have 30 days from your receipt of this tracked letter to validate this alleged debt. If you cannot or will not validate this account properly in 30 days, Texas Finance Code 392.202(d) requires any trade lines associated with this alleged debt must be deleted from any and all credit reports/reporting bureaus you may do business with. You are not to sell, transfer, assign, or share any information about me, or this alleged debt with anyone else.

I am reasonably certain that your staff is aware of the current position of many courts that continuing to report a trade line is viewed as continuing collection activities. I am also reasonably certain that your staff is aware of the requirements of the Texas Finance Code pertaining to the reporting of matters that are disputed. In particular, I would again point you in the direction of Section 392.202 which references the duties of the collector upon notification of the matter being in dispute.

Nothing in this letter authorizes a hard pull or a soft pull of my credit information. The account number you have reported to a credit bureau is included and should provide you with sufficient information with which to identify me in your existing records. There should be no basis for you to request additional information from me in the validation process. It is not incumbent upon me, as the injured party, to build your files for you, nor should I pay a penalty in the form of failure to procure credit from existing or new lenders and bear a negative impact on credit scores for your attempts to reconstruct records which you should already have possessed prior to making any claim. If such retrieval is discovered to have occurred, it will be evaluated for action as a non-permissible access of the report as well as retaliatory actions for the exercise of rights provided to me as a consumer under Texas law.

Be advised you are hereby put on the 60 day notice of "right to cure" as allowed under the Texas Business and Commerce Code (BCC17). In addition to the reporting requirements incumbent upon third-party entities, Texas law also contains a bonding requirement. A search of the list of bonded agencies provided to me by the Legal Support Unit/Statutory Documents Section of the Secretary of State did support that a bond was in place at the time your office claims to have reported the file. Records reflect that the bond is underwritten by Bond Underwriter Company (policy number xxxxxxxxxxxx) and involvement of their claims personnel has been held in abeyance pending your compliance with the issues in this letter.

Failure to timely and fully validate this alleged debt will result in an actionable offense(s) under Texas state law, in which damages will also be sought under § 17.41 Deceptive Trade Practices-Consumer Protection Act of the Business and Commerce Code (BCC17). Those damages are subject under Texas law to a trebling upon a showing of gross negligence. Should legal action be necessary, venue shall reside in Dallas County, Texas. Upon a favorable finding in the Dallas County courts, claim will be made against the bond. There are no federal questions being raised in this matter and any attempt to remove an action to Federal Court will be challenged.

This document is also to serve as notice that the only form of correspondence I am willing to receive from your business is through the written communication at the address listed below. Telephone calls to my home or place of employment are inconvenient. I retain the right to use this correspondence and all following communications in any court proceedings arising in regard to this account.

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