Texas DV process

QuestionsTexas DV process
asked 3 years ago

Hey all. I have recently had an old credit card dept sold to a collections company (calvary portfolio services)

I live in texas and have sent them a texas DV letter. My question is should I also dispute the collections on the 3 credit reporting agencies?

Also I only sent the DV letter to the collections agency. Should I have also sent it to someone else? I was reading in other threads about CCing it to an underwriter but was confused what that even meant.

 

Below is the letter I sent.

 

———————————————————————————————————————————-

 

MY NAME

MY ADDRESS

 

October 15, 2016

 

Account Reference #: 55555555555555 To whom It may concern, I request validation of this debt per Texas Finance Code Section 392.202 which requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to:

 

For the purpose of validation provide me with:

·The name and address of the original creditor

·The original date of default or non-payment of the debt with original creditor

·The date the debt was transferred from the original creditor to the third party debt collector

·The original balance ·The current balance

·Any fees added by your agency. Sec. 392.303 (a)(2)

·Texas Surety bond information as required by Sec. 392.101

 

Please note Transunion, Experian, and Equifax are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202(b)(2), that the debt in question is inaccurate.

Per this requirement you must delete this trade line if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 (d)(1)

 

Also per Texas Finance Code 392.202 Correction of third -party debt collector’s or credit bureau’s files. I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 (a)(4).

 

Please reply with your response via US MAIL. Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. (a) A person may sue for:

(1) injunctive relief to prevent or restrain a violation of this chapter; and

(2) actual damages sustained as a result of a violation of this chapter.

 

During this debt validation I request that all collections cease and desist at this time until this debt has been fully validated under the Texas Finance Code 392.  All correspondence should be completed by mail.

 

Regards,

MY NAME

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