val letter or other for sol acct?

did i say something wrong? i was hoping for at least one response. thanks

If you are in Texas you can do a whole lot. Send them a validation letter referencing the Texas Finance Code and include a written notice. They have 30 days to provide you with proper validation or they -have- to remove it from your credit reports. If they don't, in another 30 days you can take them to court and have a slam dunk where they have to pay you a tidy bit of money.

i am having alittle trouble manuevering so this is me, meremanda. i think the site might be having a few issues, as i am having no other trouble on other sites so just to let you know its me.
thanks golden, i have sent other val letters in the past and in most part it has done the trick and they backed off. but i do not have the funds to go to court/hire a lawyer and i am also mostly house bound, not excuses, just the facts.

any other great tips to make them get it off or is that the only way...through court? no letters etc? and if letters to remove bad info would work, just recheck your reports to make sure?

site ads are covering the scroller over there>>>> so i cannot scroll down....so send the val letter from this site with the texas code copy included...any particular part or all?....and then wait to see what they do?
thanks again

Yu do not need a lawyer for this particular thing. It is simply Texas State Law and is very straight forward, you can take them to court at your local JP. It does cost initially to file and have them served, but it usually isn't over $150 and you recoup that in the suit. I did it myself and settled out of court, they knew I had them over a barrel.

Here is a sample letter that references Texas laws and such..tailor it to fit your situation (you also should check and see if the CA is bonded in Texas)

Dear NCO Medclear:

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 &*^%$$##%^&.

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: ########. 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.

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

thanks! and of course i will be back if any questions. thanks for your time.

golden one more thing ( or anyone else that might know for sure)...did you notice that i said this item is sol i think? did you see the dates above that i provided and is this correct, it is sol?
the letter above you provided does not mention that they need to prove if this is a valid debt, that it is not sol?
or are you saying i should add this type of paragraph to the above letter?
and is this also considered a validation letter then?
thanks again

and i forgot to ask does sending validation letters ever make these accts "active" again in status at the credit bureaus?

have you ever seen this happen?

thanks again

The only thing that can make an account active is by making a payment. Sending letters will no activate anything. Basically the letter is designed to make the CA prove up the debt or go away...the fact the debt is SOL doesn't matter at this point because if they provide the documentation, it will clearly show the fact it is SOL then you can send them a cease com letter.

This letter is designed mostly to win you a bit of cash in court. If they don't respond (and they usually don't respond properly) Then you file suit on them. This is what I did and I got a call from the company's lawyer who actually asked me if I was crazy for filing suit for $9000 on a debt of less then $300 and how could I possibly expect to win? I just told her to go read the laws I quoted in those letters and then call me back.

Well, she called me back within a few days and I was no longer crazy..she was offering a settlement. :) Simply because once she saw those laws she knew that I had a winning case, there was no room for the CA to wiggle out.

I was just served summon papers from Arrow financial. Is it to late to send a letter of validation? Once I send the letter of validation does the 30 days for the CA to respond still apply or is my situation different? Can you briefly tell me what I can expect to happen to me?

Thanks you!!