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I disputed a debt and asked for validation, they replied late& incomplete. What now?

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  • I disputed a debt and asked for validation, they replied late& incomplete. What now?

    I received a collection letter for some charges that were not legit and I sent them a letter of dispute requesting the following:

    • What the money you say I owe is for;
    • Explain and show me how you calculated what you say I owe;
    • Provide me with copies of any papers that show I agreed to pay what you say I owe;
    • Provide a verification or copy of any judgment if applicable;
    • Identify the original creditor;
    • Prove the Statute of Limitations has not expired on this account;
    • Show me that you are licensed to collect in my state; and
    • Provide me with your license numbers and Registered Agent.

    I also said:
    If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

    This letter was sent 10 months ago and I received a response 2 days ago stating that I sent my letter 1 day past the 30 days to dispute deadline. They included a charge sheet but none of the other information requested or any agreement with a signature or anything. I really don't see how they can pursue this any further. What should I say to them in my response?

    Thanks in advance!

  • #2
    Per federal law (FDCPA), they are right in that they can blow off your DV letter when it is sent late. However, you live in Texas. Texas has great consumer protection laws. You need to send them a new DV letter stating you demand validation of the debt under TFC 392.202. Read the statute and you'll see it does not proscribe a debtor from demanding debt validation if it has been more than 30 days.

    You need to specifically state you demand validation under TFC 392.202. If you do not state this, they will assume you are demanding validation under FDCPA and they will blow you off again or simply not respond. Send the DV certified with return receipt requested.

    By the way, there's no need to be wordy. You don't need to tell them what they need to furnish to be compliant with TFC 392.202. The burden is on them to follow the law, not for you to explain it to them. Give them a short rope and let them hang themselves.

    I suggest you spend some time reading up on Texas debt validation.
    Chapter 7, above median, no asset. Discharged with no UST involvement.

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