When You Send A “Debt Validation Letter” To A Collection Agency And You Are Lucky Enough To Live In The Lone Star State, The CA Has 30 Days To Validate Or They MUST Remove The Item…
Dear Friend,
Not only must the Collection Agency stop reporting the negative item to the credit bureuas, they potentially face a stiff fines and penalties! How great is that? I am going to break this post down into two sections for ease of reading.
There are many templates of validation letters out there on the Internet. I have taken the best parts of them and added my own based upon what I know has helped my students and I with 100% removal of Collection Agency accounts from credit reports.
I use the same template, just change the account details to fit your particular situation. Remember, these codes and regulations apply to residents of Texas only. If you wish to find out more about credit repair, simply go to www.CrushingTheCreditBureaus.com
By law a collection agency must cease collecting and contact the Original Creditor (OC) to get validating documents and send those document to you. Now there is a lot of debate about what constitutes proper validation – but in court (where it matters) they MUST show these things:
1. Signed agreement or contract: They need this to prove you entered into a legal obligation with the OC and to justify any extra fees they are tacking on such as collection fees and/or interest. They can not just simply decide to charge you interest or fees.
2. Statements for the life of the account: These are to show what monies were paid into the card and what charges were made. This is also to determine exactly what you owe and how much you have already paid into the account (not to mention it sets the dates for SOL.)
3. Documentation from the OC (or the last debt collector): Do they now legally own the account. They must have a bill of sale, a transfer, whatever they use to transfer ownership of the account.
4. Licensing and/or bonding: If your state requires them to have these things, make sure they have them! If you can’t find them when you are researching, then ask them for it!
Using my sample letter as a reference, I will detail the parts of the letter.
Opening:
You just want to list all the important information here, the certified letter #, the account number, anything else you included if you sent more (such as the fact I sent a letter to both a CA and a CA collecting on behalf of the CA.)
Opening (before the mention of the finance code):
Basically you just want to open with the basics of your research. You found the debt on your report, you got a call, etc. You also want to mention if you could find no bond and/or licensing info (if required).
Body of the Letter (after the finance code, before the written inspection):
Here you want to list in detail any inaccurate information you have uncovered and ask for it to be corrected or removed. You also want to add a partial cease & desist paragraph that basically tells this CA that they are no longer allowed to contact you by phone at all, that if they wish to converse with you it will be through the mail service. Now the finance code part is only for Texas, though other states may have similar laws, you would need to research it or stay specifically to the FDCPA and FCRA.
Written Inspection:
This is also just for Texas, it is the requirement to be able to later sue the company. I try to write it out in very precise, numbered paragraphs that spells out what the problem is, what I want done about it and the consequences if these things are not done. In the case of debts, it is to properly validate and to correct the credit report inaccuracies.
For those of you not in Texas, or just wanting to use the federal laws, just make a statement that you will not tolerate any violations of your rights and that includes not validating an account they have listed on the credit reports until they have provided validation.
Be warned, if you want the CAs to comply, you will likely have to drag them to court to do so, but remember you can recoup all costs of court! Keep copies of EVERYTHING! Including the letter you write!
Here’s The Letter I Have Used In The Past:
NCO Medivac POB 41448 Philadelphia PA 19101
Re: Accounts listed with credit reporting agencies (Equifax, Transunion, and Experian)
Account Numbers: ###### ######
Certified Mail # #### #### #### #### ####
Included: Letter to West Asset Management
Dear NCO Medivac:
You are reporting the above listed accounts on the various credit reporting agencies, namely, Equifax, Transunion and Experian. Please be aware that these accounts are under my maiden name of Jacqueline Smythe.
I have also checked with my Secretary of State for the required $10,000 surety bond that is mandatory in order to pursue collections within the state of Texas. However, I could not find a listing for this particular office. If you do not have such surety bond, then you must cease all collection activities and remove these accounts from my credit report immediately.
If you do carry the required bond, I will need to know the name of the surety company as well as the bond number.
Also, as per the Texas Finance Code § 392.202.
I am disputing the accuracy of these items. According to the above referenced Texas statue you must cease any and all collection activity and respond to this letter in 30 days with proper validation, or you must delete these items from any and all credit reporting agencies you reported this inaccurate information to and permanently cease all collection attempts.
Please be advised that I am requesting Proper Validation, not verification. I already know you allege I owe these debts. I need proper documentation from the original creditor such as billing statements and anything with my signature.
I also need documentation that you are legally able to collect these debts on behalf of the original creditor or that you have bought the accounts. I am also entitled to a breakdown of monies owed and proof that any and all charges and interest fees are legal in the state of Texas.
These accounts are also listed incorrectly in respect to the various credit reporting agencies. For example, with Experian you are reporting the accounts as type: Installment and Terms: 1 months. With Transunion you are reporting them as Factoring Company Account, and with Equifax you are reporting these accounts as an open loan. On all of these accounts the correct account type is Collection Agency/Attorney or simply Collection. As you know, reporting accounts like this is extremely damaging to my credit health as they are being reported incorrectly. I am sure this was done in error, so am giving you the chance to correct this oversight.
I am advising you now that it is inconvenient to receive any telephone calls from your office. Should you need to correspond with me, it will be in writing via United States Postal Service at the above listed address.
I am also sending you a copy of the letter I am sending to your collector, West Asset Management who claims to be collecting on your behalf on this account: 3667140. I do not know which account this is as the number and the amount demanded ($343.00) does not match any that you have listed on my credit report.
I am giving you notice now, according to Texas Business and Commerce Code, Chapter 17, that if you don’t provide me with proper validation that this act causes me and will continue to cause me mental anguish and detrimentally affect the health of my credit as well as you unlawfully attempting to collect an alleged debt without the required surety bond.
By this code I can and will take you to court and seek damages under Texas code that can be not more then $500 for each violation and under the above code can be trebled, as well as all reasonable costs incurred with taking this action. I have included a copy of the code for your review.
Business & Commerce Code § 17.505. NOTICE;
INSPECTION. (a)
This is a written notice to cure the violations listed below. You have 60 days before I will file suit.
1. Immediately discontinue all collection activity and remove the above referenced accounts from my Experian, Transunion and Equifax credit reports as you carry no surety bond, or if you do in fact carry such bond, then provide me with the surety company and bond number.
2. Provide me with validating documentation: documents from the original creditor such as billing statements and anything with my signature. Also provide documentation that gives you the legal right to collect upon these accounts, such as proof that you collect for the original creditor or proof of the purchase of these accounts. Also any and all documentation that accounts for all the monies said owed and that such monies are legal in the state of Texas.
3. Correct the incorrect reporting of the above referenced accounts such as described above. (Type as Factoring, Installment and open loan. The correct type is Collection Agency/Attorney or just Collection).
4. Discontinue all collection activities that includes but is not limited to reporting any information (other then correcting the mistakes listed above) to the Credit Reporting Agencies of Experian, Transunion and Equifax, continued attempts to collect the alleged amounts owed, verifying any information to the above named three credit reporting agencies.
5. If the above cannot be met within the 30 day time frame as governed by Texas law, you will then remove the accounts from Experian, Transunion and Equifax and discontinue all collection activity. Further, this account will not be sold as this account will be considered disputed and un-validated and selling it would be in violation.
Each of these violations carries penalties of not more then $500.00 each and is subject to trebling of amount as allowed under the codes § 17.50. RELIEF FOR CONSUMERS (Business & Commerce Code) and § 392.404. REMEDIES UNDER OTHER LAW (Finance Code).
I hope we can resolve this matter quickly and to my satisfaction, otherwise I will take immediate and swift action as is my right.
Sincerely,
Your Name
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Stay tuned for Part 2 of this post tomorrow
