My question involves collection proceedings in the State of: Texas
I have an old BOA credit card, still within SOL. CACH has owned this debt since 9/2010. In January of this year the office of Ed Overcash attempted to collect. I sent DV letter CMRRR, and never heard from them. Now CACH sent another atty after me, who did "validate" with copies of statements only, and now is suing.
Question is, once Overcash failed to validate, wasn't CACH supposed to request a deletion from the credit reports? The credit report I'm looking at is dated 4/11; Overcash's 30 days were up in February. So first of all, it seems to me that CACH failed to remove the negative listing on my report when they couldn't validate. Second, it seems to me that they are continuing to collect despite failing to vaildate (which is an admission of inaccuracy), and which I believe is in violation of TFC:
[c] If the third-party debt collector admits that the item is inaccurate under Subsection [b], the third-party debt collector shall:
(1) not later than the fifth business day after the date of the admission, correct the item in the relevant file; and
(2) immediately cease collection efforts related to the portion of the debt that was found to be inaccurate and on correction of the item send, to each person who has previously received a report from the third-party debt collector containing the inaccurate information, notice of the inaccuracy and a copy of an accurate report.
On my credit report the date assigned is 9/2010, and on my summons CACH is listed as the Plaintiff, not BOA (the OC). BOA's record shows debt was sold.
So, CACH has had this debt since 9/10. Two attorneys have attempted to collect for them since then. The first one failed to respond, CACH didn't delete, and attorney #2 is now suing me. Do I have some ammunition here, I wonder? Or is each attorney considered a different "3rd party debt collector", and therefore CACH is in the clear?
I'm working on my answer to their suit, and need to know if I should approach it differently considering the history of the account.
Thanks in advance!!

