What is the next step? Is an ITS letter appropriate?

[Anonymous]

I have been dealing with Plaza Services since December, when they placed a collection on my credit report that I do not believe is accurate. Plaza Services did not even tell me who the original creditor was at first, and I received no dunning notice before the collection was placed on my report.  When I learned who the creditor was, I don't even believe this is my debt.

My first step was to send out a DV letter, which they ignored.  I disputed the account with the CRAs at the same time, it came back as "verified and accurate".

Next, I filed a complaint with the Texas AG, received no response from them.

Then I filed a complaint with the BBB, and Plaza Services FINALLY came back with a one paragraph response.  They stated that they had sent a response to my DV letter in July 2017, but I had mailed it in January 2018.  They quickly responded with the original creditor, amount of debt, and Texas bond #. I refused to accept this, and told the BBB so.  Plaza Services responded that my continued requests for validation are "frivolous, and they would ignore future requests"!

I filed a complaint with the CFPB, received no response.  Because I now am sure this is not my debt and Plaza obviously cannot prove otherwise, I filed a fraudulent activity report with the FTC.  NO RESPONSE.

At this point, I was angry and feeling a little defeated.  I then received a call from a man who "helps consumers fight back at collection agencies".  He said that he had successfully sued Plaza Services in the past and wanted to help me with my problem.  He had gotten my information from my Texas AG complaint. He originally said he wanted me to call and speak to Plaza Services about the debt, recording them and hoping for something we could use to sue.  He then "spoke to an attorney" and they decided I should first file a police report because I say the debt is not mine.

I did not want to do this, because I am planning on buying a house in the fall, and I'm worried about how a police report for identity theft would make my credit look to a mortgage lender.  I did not call him back.

Now, I'm thinking I want to send an ITS letter.  Plaza Services has broken the law many, many times here - unfortunately, no one seems to care.   Do I have any other options at this point?

Thank you for your help - especially if you read this far!!

[RobertEG]

First, and foremost, under what specific basis was your DV requested?  Was it only a general DV request, and thus subject only to the FDCPA, or did it explicitly identity the request as being sent under the provisions of section 392.202 of the Texas Finance Code?  Each have very different requirments.

The essential difference is that if it was clearly sent under the Texas Finance Code and they failed to send verification within 30 days, they are required to temporarily delete their reported collection, and cannot reinsert until after they have sent validation.

[Anonymous]

I sent a DV request per section 392.202 of the Texas Finance Code.

[RobertEG]

OK, then they are required to have at least responded within 30 days.

If their response states that they are not yet able to provide a statement of accuracy of the debt, then they are required to delete the collection from your credit report until they sent it.

I would send them a communication stating that they are now in violation of the deletion requirement, and request immediate deletion with each CRA to which they have reported.

[Anonymous]

@OP I had an account that was sold to them. A Net Credit Account. I’ve never heard from PLaza. I did hear from a collection agency called I believe advance capital, did they ever call you?

How long after PLaza buying your debt did they report? Trying to come up with a plan here.

[Anonymous]

I have only received contact from Plaza, and only after I contacted them.  I don't know how long after my debt ws sold it appeared, because this isn't even my debt.