Attack on yet another CA

Dear Clark County Collections:

I reviewed my Experian and Equifax credit reports and discovered the above referenced account on them both. Not recognizing this account, I called your office and spoke with a Colleen Parker in regards to this alleged debt and your company had no solid documentation and refused my numerous requests for validation despite my rights under Texas law. I have recorded that conversation and was permissible with no notice to your office as is allowed under Texas laws Please be aware that this account is under my maiden name of XXXXXXXXXXXXX.

You are reporting an original balance of $276 with a total due of $351.

I looked up your company with the Texas Secretary of State and your company does not carry the mandatory bond to be able to legally collect in the state of Texas.

Texas Finance Code:
§ 392.001. BOND REQUIREMENT. (a) A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section. A copy of the bond must be filed with the secretary of state.

If you company does in fact carry a bond, I will need to see proof of this bond as well as the name of the surety company and a bond number.

If you provide the required information on the bond, then I demand the following:

Per the Texas Finance Code §392.202. I am disputing the accuracy of this item. 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 this item 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 this debt. I need proper documentation from the original creditor that I wrote these alleged checks such as copies of each check and I also need documentation that you are legally able to collect this debt on behalf of the original creditor or that you have bought the account. 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.

Nothing in this letter authorizes a “hard pull” or a “soft pull” of my credit report. Since you originally placed this information on my credit report in the first place, you should have all the information you need just using the above mentioned ref number that you used to place this derogatory item. Any pulling of my report will be considered non-permissible and in violation of my rights.

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 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.

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 account from my Experian and Equifax credit reports as you carry no surety bond.
2. Provide me with validating documentation: namely copies of the alleged checks, proof that you are either authorized to collect on behalf of Raleys or that you have purchased this alleged debt from them. Documentation listing how you figured the extra monies owed of $75.00 (the difference between the original balance of $276.00 and the amount you say I owe of $351.00) and that said calculations are lawful under Texas law.
3. Discontinue all collection activities that includes but is not limited to reporting any information to the Credit Reporting Agencies of Experian, Transunion and Equifax, continued attempts to collect the alleged amount owed, verifying any information to the above named three credit reporting agencies.
4. If the above cannot be met within the 30 day time frame as governed by Texas law, you will then remove the account from Experian and Equifax and permanently discontinue all collection activity and will further not sell or transfer this debt as it is not validated.

Each of these violations carries penalties of not more then $500.00 each trebling of amount as allowed under Texas Business and Commerce Code § 17.50. RELIEF FOR CONSUMERS. This could total $2000.00 subject to trebling as listed above to a total of $6000.00 provided no other violations listed in #3 are made by your company, which could conceivably amount to $500 (subject to trebling) for each such violation that occurs and added to the above listed total in damages plus reasonable fees in bringing this suit.

I hope we can resolve this matter

Goldenbast