DV help, CA and next move

[Anonymous]

I began my credit score improve crusade on my own in January of '08.  I finally found this forum this past December, the information has been invaluable, thank you to everyone.  I am hopeful for input on the following:  I have one collection reporting to TU only.  The OC is US Bank with a DOLA of 8/05 for a CC.  The account was opened in CA with the DOLA occurring in MI, currently I reside in UT.  The OC is not reporting, just the CA (Paragonway, Austin TX).  They are reporting an open date with TU of 9-30-07.  I received my first letter from them 2-5-08 and promptly requested DV via regular mail as they threatened legal action.  I then received a letter from a UT based attorney regarding this matter on 3-7-08.  I promptly requested DV from them as well via regular mail.  I did not receive any return communication from either of them and the collection continued to report.  I then disputed directly with TU in 6/08 and continued to get the proverbial MEETS FCRA REQUIREMENTS several times.

As this item remains and continues to drag down my TU score, I got more focused on this item.  I requested DV again from Paragonway via regular mail in December, no response.  I requested DV again with them in January via CM only, no response.  I then sent the documentation to TU via CMRRR to remove based on not validated properly/at all.  TU has once again advised that they did validate and that Paragonway only needs to validate to them TU.  They continue with MEETS FCRA REQUIREMENTS and date reporting now of 3-1-09.

Can someone please suggest my next step?  Thank you in advance....

Message Edited by jumpseat on 03-18-2009 08:08 PM

[Anonymous]

If the account is beyond SOL or you can PIF, then I would file a complaint with the BBB regarding them failing to validate the account in accordance to FDCPA 809 when you requested it several times. While you agree that FDCPA 809 doesn't state they must validate, it does state that they shall cease collection activities until they do so. The FTC has issued the opinion that reporting on one's credit report is collection activity and they have continued to report, thus continued collection activity without validating in accordance with FDCPA 809.

I would also consider filing a complaint with your AG stating the same.

ETA: I would also look to see if they are required to be licensed/bonded in your state, if your state requires such, check to see if they are.

See link below for state statutes.

Message Edited by sidewinder on 03-18-2009 08:11 PM

[Anonymous]

Upon review of the State of Utah laws, they are required to be licensed.  Was also able to verify that they are indeed licensed.  I am not able to PIF at this point.  Can anyone clarify what state of SOL would this item fall under?  California (4 years, where account was opened).  Michigan (6 years, where DOLA was incurred) or Utah (4 years, where I currently reside)?

[Anonymous]

I would use the longest to be certain.

[Anonymous]

I actually received two separate letters in the mail today from Paragonway.  Do either of them separately or combined constitute a proper DV?  The first letter is dated 3-13-09 and the second dated 3-15-09.

3/13/2009

Dear XXX,

We have received your request for validation of the account listed below.  Please review the information below:

Original Creditor:  US Bank National Association          Place on Our Floor:  09/30/2007

Original Account #:  xxxxxxxxxxxxxxxx                      Current Balance:  $ xxxx.xx

Origination Date:  04/01/2001                               Current Creditor:  Collins Financial Services, Inc.  

Last Payment Date:  08/02/2005                                 Description:  CARD

Charge Off Date:  09/29/2005

Thank you for the opportunity to be of service.  Any additional information you wish to provide may be sent to the address above, of faxed to (512) 615-1920, or you may call us toll-free at (866) 638-1876.  Please remember to include your reference number with any documents sent to our office.

This is a communication from a debt collector.  This is an attempt to collect a consumer debt.  Any information obtained will be used for that purpose.

Sincerely,

Paragon Way, Inc.

3/15/2009

Dear XXX,

We have received notice of your claim of dispute on the above-referenced account and we have suspended collection activity while we conduct our investigation.  In order to finalize our investigation you will need to supply one of the two following documents:

1.  If you claim is based on prior payment you will need to send us a release of claim from the company you paid.  We will also accept a settlement offer showing a due date and proof that you made the payment on time.

2.  If you claim is based on a disputed balance please provide us any documentation that supports your claim.

Please forward the appropriate documentation to the CRD Department by fax at (512) 615-1920, or by mailing it to:

Paragon Way, Inc.

P.O. Box 42829

Austin, TX 78704

To ensure rapid response to your claim, please make sure to include your reference number on all pages of any documentation you send us.  Remember we cannot process your claim as requested without the appropriate documentation.

This is a communication from a debt collector.  This is an attempt to collect a consumer debt.  Any information obtained will be used for that purpose.

Sincerely,

Paragon Way, Inc.

Is this a proper debt validation?  All comments and thoughts will be appreciated?  Any suggestions?                 

[Anonymous]

The first letter is almost validation and could be full validation depending on what you asked for.

They didn't include a copy of the debt or judgment, but if you didn't ask for it, then they wouldn't.

Do you agree with what they sent?

[Anonymous]

They did not respond with the above letters until I disputed via CMRRR directly with Transunion in February.  I disputed with CA back in December with the following letter:

Dear Collector:

BE ADVISED THIS IS MY SECOND ATTEMPT/REQUEST/DEMAND

            I hereby dispute the validity of the debt you are claiming to be valid.  This debt is not accurate.  Under the FAIR DEBT COLLECTION PROTECTION ACT, I have the right to request and receive validation of the debt.  Please provide me with a copy of the following:

-An explanation of what this alleged account balance is for.

-Documentation that shows I agreed to pay this debt.

-The agreement that grants you authority to collect on this alleged debt.

-A copy of your state license, including license number.

Under the FAIR DEBT COLLECTION PROTECTION ACT, remove/dismiss IMMEDIATELY from the TransUnion credit reporting bureau and provide proof/documentation to me directly via US MAIL only.

Again, DISMISS PROMPTLY, thank you.

With the above info, did I DV properly or should I should DV again with a different letter?

 

[Anonymous]

Any thoughts or comments form anyone if the CA validated properly off of my letter?

[Anonymous]

Can anyone please comment as to whether or not I DV'd properly with the above posted letter that was sent?  If I did DV properly, did they respond properly?  If they did not, should I attempt one more time with DV?  I also discussed an ITS letter with an attorney.  The attorney stated "do not even bother with the ITS letter" and of course suggested filing suit as they are a typical CA.  We are dealing with Paragonway/Collins Financial.

[Anonymous]

Curious as to whether you heard anything else from these guys?