Consumer complaint received 2023-02-14
Company: National Credit Adjusters, LLC
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I retrieved a copy of my credit report and immediately noted that National Credit Adjusters had inserted a derogatory entry on my credit reports and had not sent me any correspondence ( dunning letter ) prior to doing which would have granted me 30 days as required by law to dispute the validity of the alleged debt. To that end, I communicated in writing ( see attached ), to the credit bureaus regarding this inaccurate, erroneous, unverifiable entry being placed on my credit reports. The credit bureau responded, see attached. The bureau responded that the company verified the information as correct. How so? A third-party collection company can only validate a debt. The original creditor is the only one able to verify a debt. Since I had never did any business with National Credit Adjusters, I was perplexed as to how they would advise the bureaus that the alleged debt was verified when indeed they are not an original creditor. Nonetheless, National Credit Adjusters did not advise all the the bureaus to update the account status to disputed. This is a violation. The dispute with the bureaus was the first notification NCA received and should have advised the bureaus at the time they allegedly verified the information that they should update the entry to disputed. 
NCA did not and as you can see in the attached document, it does not denote the account was and is in dispute. This violation in and of itself warrants NCA to delete this entry. My continued efforts to remove this entry from my reports was with a direct dispute to the company. If they were previously aware of the dispute from the bureaus and advised the bureaus that the entry was correct, they were negligent in not advising the bureaus to update the account to disputed. See attached correspondence. As reflected, I have been attempting to communicate and remove this erroneous, inaccurate, unverifiable entry from my reports since XX/XX/XXXX. NCA did not provide the comprehensive account history for this account; including but not limited to all invoices, payments, notices, documents that bear my original signature. NCA did not cease collection efforts once they received my initial dispute from the credit bureaus nor did they cease collection efforts when I disputed directly with them. 

In Texas or Texas Statute states the company only has four years to collect the debt. This means that if any corporation is trying to collect an outstanding debt that has not been paid in four years, then it is a breach of contract. When a contract has been breached, then it is broken and beginning collections again is an illegal activity. It violates state law for companies to pursue this debt. According to Section 16.004 of the Texas Civil Practice and Remedies Code, the statute of limitations is only four years. Therefore, a company trying to collect on any Texan after four years is breaking the state law. If NCA is stating the debt originated in XXXX and the mere presence of this entry on my report implies they are attempting to collect on the alleged debt, then they are violating Texas law. This negligence fully supports the deletion of this entry from my credit reports immediately. 

In the absence of NCA responding to my numerous requests, delete this entry.

Company response to consumer: Closed with explanation