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joe8316

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  1. Can this be accurate reporting by Providian? Status: Transferred,closed/Account charged off. $655 written off. Date Opened: 10/2000 Type:Revolving Credit Limit:$400 Date of Status: 07/2003 Terms: NA High Balance:$693 Reported Since:09/2000 Monthly Payment: $0 Recent Balance: NA Last Reported Date:07/2003 Responsibility:Individual Recent Payment:NA Your Statement: Y ITEM DISPUTED BY CONSUMER Completed investigation of FCRA dispute - consumer disagrees Creditor's Statement: Purchased by another lender. Account History:Charge Off as of Nov 2001 now this card was a secured card not a Revolving. this is how Proviadian is reproting. now can they report a statues date after a charge off date? Experian tells me that 7/2003 is my last activtiy date how can this be if the account was charged off in nov.2001. can they still report a balance and a credit limit on a charge off?
  2. i am looking to sue providian for willfull reproting inacurate information on my credit reports. the DOLA is wrong DOLP is missing CO date wrong and closed date wrong on EQ all is wrong on EX this is a secured card being reported as a revolving they are even reporting history dates after charge off which voilations do i have them on please help. EQ date open 10/2000 high credit $693 date last reported 11/2006 scheculd payments $19 DOLA 11/2001 closed 02/2002 charge off as 11/2001 history 12/2001 30 day late 1/2002 60 day late 2/2002 90 day late 3/2002 120 day late 4/2002 co revolving acc Ex open 10/2000 date of status 7/2003 last reported 7/2003 tpy revolving credit limit $401 high $704 written off $655 charge off as 7/2003 down to 5/2002 30 days late 12/2001 60 1/2002 90 2/2002 120 3/2002 150 4/2002 180 5/2002 charge off 10/2001 EQ and EX both come back verifying the date date as accurate which they are wrong even with the proof i sent them. i made providian send me the statements the office of thirf got them for me. last payment date made on account was on 3/14/2001 so charge off date is 9/15/2001 right that is 180 days and on that 180 days amount was $399.40 so can i sue providian and EQ& EXTU deleted the trade line due to the 6 years SOL in NYC i have reports dating back to 2004 with all the crap they reported they even reported payment after charge off and providian said they never did. so can you break down the voilations and the best way to write the complaint out. this is a copy of what i sent to them saying if they don't delete this is what i will be filing in court civil court that is. CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------X Index Number: ____ Joseph DeJesus COMPLAINT Plaintiff -Against Providian Card Services/Washington Mutual Card Service Defendant(s) --------------------------------------------x Plaintiff, complaing of the defendant(s), respectfully alleges that 1-Plaintiff has been damages do to the false reproting, by the defendant(s) 2- Upon information and belief, the defendant(s) resides or has an office in the county in which this action is brought, or the defendant(s) transacted business within the county in which this action is brought, either in person or though an agent and the instant cause of action arose out of said transaction. 3-volations of the Fair Credit Reporting Act (hereafter the “FCRA”), 15 U.S.C. § 1681 et seq., the Fair Debt Collection Practices Act (hereafter the “FDCPA”), 15 U.S.C. § 1692 et seq., the Fair Credit Billing Act (hereafter the “FCBA”) 15 U.S.C. § 1666, et seq., As For the First Cause of Action 4-Jurisdiction of this Court arises under 15 U.S.C. § 1681p, 28 U.S.C. §§ 1331 and 1337 and 15 U.S.C. § 1692k. Venue lies properly in this district pursuant to 28 U.S.C. § 1391(. PARTIES Plaintiff Joseph DeJesus s an adult individual residing in the State of New York, Far Rockaway Queens and is a "consumer" as defined by FCRA § 1681a©. 5-the defendant(s) refuses to correct plaintiff credit reports to read accurate information 6-the defendant(s) states in letters that they are reporting accurate information by leaving out the Date of last payment which is a Violation of Section 623(a) (5) of the Fair Credit Reporting Act... 7- The defendant(s) reporting is making this account read as an open account when this account is charge off as of September 09, 2001 Violation of Section 623(a) (5)FCRA 8-the defendant(s) is reporting a date of last activity which can not be proven Violation of Section 623(a) (5) FCRA 9- Defendant(s) is reporting a monthly payments and a high balance for a account that has been charged off to a zero balance Violation of Section 623(a) (5) FCRA 10-defendant(s) swears that they are reporting accurately on my credit files but refuses to show any proof. As And for the Second Cause of Action 11- Upon information and belief, that heretofore, plaintiff rendered to defendant(s) 12-Full and true accounts of the last payment date, the charge off date and the date of last activity to correct 13-the plaintiff credit files which has not been updated even with the proof that was sent to the defendant(s)copies of the statements 14 -Whereas plaintiff demands judgment against defendant(s) in the sum of $5000.00 15-Together with costs and court fees. The undersigned plaintiff hereby certifies that to the of his/her 16-knowledge information and belief, formed after an inquiry reasonable under the circumstances the 17-presentation of the within complaint and the contentions therein are not frivolous as definedIn part 130-11 of the rules of the chief administrator. Dated November 15, 2006 Yours truly, Joseph DeJesus 246 Beach 12 Th. Street Far Rockaway, NY 11691 718-337-7005 To be Serve on Cheri Gorman Providian Card services/Washington Mutual Card Service 4900 Johnson Dr. Pleasanton, CA 94588 here to be add to your list of numbers and email Cheri Gorman - cheri.gorman@wamu.net customer relations email all your providain complaints to her i told her i will give her email out to all the boards
  3. if you want statements from them file a complaint with the state banking dept and demand the statements under the FDCPA which then they have to send you them free if you ask providian they will say they don't have statements or they will say that they will charge your account $5.00 for each copy
  4. can a jdb collect on a debt if the oc say the account never existed? FNBM/credit one sent me a letter after they deleted my trade lines telling me that they removed the account from thier files and that this account never existed? now the jdb that has brought this debt can they still try to collect on this account and can they still sue me for the debt. the Ldop was 8/01
  5. that is a good point. i do not owe TJT any money as for providain i have a letter from providian dated march 11, 2005 and it states our records show that providian national bank no longer owns this debt. we sold it to vision management on july 1, 2003 their phone number is 1-888-733-6858. you are hereby released from any debt on this account to providan national bank. now this account when from vision to a tcm funding to TJT which is all i believe to all be the same company TRAC America and Slamowitz and cohen are are togather. well lets see something i did sent them the vailation letter they still have not told me who the oc is how they came up with the amount they have not send me the statments they have not prove the sol now it looks like a melville Acquisition has this account to so tjt is sueing me for $640 and then melville is asking for $1000. now both letters did not have the mini mairdan and as i found out none of these dc has a nyc dept of consumers debt liceness to collect in nyc so how can i be sue if they have no licesse to do bussiness in nyc
  6. 1. Who is suing you? TJT Financial services Attorneys Cohen & Slamowitz 2. For how much?$640.95 with interest from may 17 2002 togather with attorneys fees of $128.19 3. Who is the original creditor? Providian 4. How do you know you are being sued? summons found in mail box and a copy mailed to me from cohen & slamowitz with a Mellville Aqcistions services which states balance as of $1,090.43 5. How were you served? Were you served? summons found in mail box 6. What was your correspondence (if any) with the people suing you before you think you were being sued? in sept 0f 2004 sent a letter to vailadate this debt and a cease commuactions. till this day no vaildation 7. Where do you live? NYC 8. When is the last time you paid on this account? 3/14/01 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). court date 12/14/06 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) yes 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. yes 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? yes i answew with counter claim to the fdcpa for not vailadating and for not haveing the require statment in the dunning letter saying that i have 30 days to dipute this 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? a complaint 14. What is the SOL on the debt? To find out: 6 years NYS If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible): 1. Who are you suing? tjt 2. How old is the debt? since 3/2001 3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report? no 4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion. yes 5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection? letter back in 9/2004 6. What state are you in? NY 7. What kind of debt is this? (credit car, auto loan, student loan) CC 8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated... not license to collect in nyc, 15 usc 169e(11) 15 usc 1692e© 15usc 1692f (1) 15 usc 1692g so what can i do to win this counter suit. and what can i do to stop there suite agaist me
  7. please tell me if the people that first national bank of marin/credit one bank sold this account to can still collect and can they mark my reports after this letter i received from FNBM/credit one? Pursant to your telephone converstion on July 17,2006 with Steven Dudzinski,presidential unit supervisor, we have audited your case and in essence of good will, your issues have been resolved in the following manner. This office has submitted the necessary adjustments to bring this account to zero balance. Furthermore,credit one bank immediately change our records to indictae that this account never exixted and as of the date of this letter, notifed the appropriate credit reporting agencies of the deletion. if there is need to provide proof of the change prior to any inquiring agency, credit bureau, and or credit lender to act as proof and correct any future discrepany that may arise with regard to reporting of this account. sincerely sonya foster-brown so no one can collect on this account?
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