ajearly

Critique my Texas Validation letter to CA

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Attached is my rough draft of a DV letter that references the TEXAS FINANCE CODE, I've pieced it together from this and other forums examples, trying to cover all my bases so I don't end up screwing my chances of getting this collection removed. I would appreciate any advice to improve it that anyone can offer.

collection.docx

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WAY WAY too much and replete with errors.  Try this:

 

To whom it may concern,

 

I, jane doe, was recently alerted by my credit monitoring service about a collection placed on my credit report by [creditor]. After review, I noted that your office is reporting an outstanding amount to the credit bureaus in the amount of $400.00 with the [account number]. 

 

As I am a Texas resident I am disputing this debt, invoking the Texas Finance Code 392.202 and requesting validation under Texas consumer collection law.

 

Regards,

 

ajearly

 

 

request full validation of this account through the use of competent legal evidence, which includes a contractual obligation to pay your organization the amount you have reported to the credit bureaus.

 

Neither the FDCPA nor Texas laws require this to fulfill DV.  ONLY if they sue you do they have to produce that kind of evidence.

 

In your return correspondence, include all documents associated with this account including but not limited to:

 

·         Agreement with your client that authorized you to collect this alleged debt.

·         Proof that this debt was legally transferred from the original creditor to you the collection agency and the date this transfer occurred.

·         Agreement that bears my signature where I promise to pay said original creditor.

·         Complete payment and or service history on this account including current balance, original balance and date of original default or non-payment of original creditor.

·         Name and address of original creditor

·          Proof of any fees added by your company per the Texas Finance Code section 392.303 (a)(2)

·         Proof of Texas Surety Bond  as required by Texas Finance Code Section 392.101

 

NONE of this is required in DV either.  All the Texas laws really do is give you the right to demand validation at anytime not just within 30 days of initial contact.  If you get sued THEN the laws on interest and surety bond help you.  Not right now.  DV only requires they tell you who the original creditor is, the amount you owe, AND the address of the OC if you ask for that.

 

NEVER EVER state written communication only.  It is one of the biggest mistakes consumers make.  There is NO partial cease and desist communication in the FDCPA.  The creditor can treat what you said as a full cease and desist or ignore it.

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