I live in Texas
Date: Sat, 05/09/2009 - 10:01
Submitted by greatdaymichelle
on
Sat, 05/09/2009 - 10:01
Total Replies: 7
NCO and ACB American at the same time .. I sent both collection agencies each a Validation request .....
They both signed for the request March 19 2009
Today I get a letter from Mann Braken saying that their client the original creditor had been retained by them and the letter from mann and braken was the validation request ... This was just a letter saying what I owed on their letter head ..
Dated May 1 2009
This does not make sense and it is something I have not seen before I also live in Txas and thought they only had 30 days to respond with request...
please advise
No they do not have 30 days, you have 30 days from the time of t
No they do not have 30 days, you have 30 days from the time of the dunning letter to request validation or the debt is assumed valid.
I suggest you contact the original creditor and inquire as to which agency they hired, then you can tell the other one to go away.
In Texas they do have 30 days to validate the debt upon receivin
In Texas they do have 30 days to validate the debt upon receiving a request. Make sure you didn't send a verification request.
In Texas they have 30 days to respond to a DV but that is not ne
In Texas they have 30 days to respond to a DV but that is not necessarily with debt validation. Per Chapter 392 of the TX Finance Code:
(b) Not later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual:
(1) denying the inaccuracy;
(2) admitting the inaccuracy; or
(3) stating that the third-party debt collector has not had sufficient time to complete an investigation of the inaccuracy.
Also, per Sec 809 (c) of the FDCPA, failure to dispute is not an
Also, per Sec 809 (c) of the FDCPA, failure to dispute is not an admission of liabilty:
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
AMEX did this to me but sent the charge off to Nationwide Credit
AMEX did this to me but sent the charge off to Nationwide Credit, Zwicker and Mann Bracken. I DV'd all 3 and in my letter explained that I needed to know who had the legal right to collect so I said PROVE IT! I also called AMEX to see who I should deal with and they wouldn't give me the time of day. This after 30 yrs of business with them.
Call the original creditor and see if they will tell you who the collection agency is. If you are going to send Mann Bracken a DV letter, then make sure you site the Texas Finance Code in your letter.
Excellent, thanks! No, it's not an admission of liability in
Excellent, thanks!
No, it's not an admission of liability in a court of law, it the CA that the CRA may legally assume it is valid and collect as if it is. (a)(3)
the only response was from NCO saying they were sending it back
the only response was from NCO saying they were sending it back to The OC as two collection agencies were collecting on the same debt .. Does that count ??? Mann and Bracken dd say they were the VALIDIATION I requested but again that was way past the 30 days ... So if NCO Sent it back to OC and let me know that does that count as a response ?