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Need help folks....


J Miller
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Okay folks,

First off it is great to read that there are many in the same situation as I am and that there is help from places like this. Thank you all.

My problem is this:

I recieved a call from a collection agency last week in regards to a Providian Card that has gone to collections. The last payment I made to them was in August of 2002. The total dept is roughly 4,200 dollars although this collection agency is now stating that the total is upwards of 6,200 dollars and climbing at 28 percent.

In talking with this jackass and trying to remain calm as he threatend me with every thing under the sun I conveyed that I would like to make good on this debt and offered payments.

His answer was a flat out "No, you had your chance". He then stated I had until last friday to pay the debt in full or he would take legal actions. I called back last thursday and said that I would see if I could get a loan from a family member. No success there. He called again today and stated that he is wiping his hands with it and moving forward with a suit and that I can take it up with the judge.

I came unglued!

Last week I asked him to send me proof that the company he represents actually owns the debt. His response was for me to pull my credit report. I did and his company does NOT show attached to the debt, but, it does show that his company has pulled my report.

I have a letter dated April 1st in regards to the debt along with the standard "30 day reply" statement and I fully intend on disputing it in regards to his company.

I have been considering a bankruptcy route as I just found a very very low paying job after being out of work for 7 months.

What can I do with a company that will not work with me in any way shape or form?

How quick can he get a judgement on me and start garnishing?

Thanking you all...

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Send a debt validation demand ASAP. The FDCPA specifically says they are forbidden to act any further until they provide a full accounting on the debt. That means they can't file the court papers until they comply without triggering a $1000 penalty payable to you.

READ the FDCPA text off the web site. See if anything the collector did on the phone was against the law (It probably was). Threats, foul language, etc are all against the law and they pay you for it.

The credit pull is allowed as they do have permissable purpose. Adding on to the debt after it was charged off is illegal too (the account is closed when it's charged off), so only the original debt can be collected; the $4200.

Look up your State's regulations on licensing for collectors. Many States require the collector to have a license and/or post a bond. If so, call your State agency to find out if they are properly licensed/bonded. If not, then the whole collection activity from day one was illegal.

Gather up all your evidence and if you think you have anything on the CA, contact a lawyer to go after them. You may be able to pay off the debt to the OC with the damages claimed off the CAs violations of the law.

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Thank you a ton!

Although this bozo stated that they in fact purchased the loan, in reading the letter it states that this particular company is an affiliate. Does that make a difference to the status of Purchased or Assigned?

Here is the letter I'm going with to be sent out tomorrow:

To Whom It May Concern:

I have received your letter where you claim that I owe a debt to you and/or your company. This letter is being sent to you in response to your attached collection letter. This is not a refusal to pay, but a notice that your claim is being disputed by me. I do not recognize your company and I do not believe I owe you or your company this debt.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt to you and/or your company.

Please attach copies of:

• Agreement with any of your clients that grants you the authority to collect on this alleged debt.

• Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.

• Any insurance claims been made by any creditor regarding this account

• Any judgments been obtained by any creditor regarding this account

Will this work?

Ya know it's a damn shame. I fully wanted to work a payment structure out, but he would have absolutely none of it. A real arse this guy is. I don't quite understand how they are adding interest at 27.98 percent to this loan that has been charged off. I'm in the state of Idaho and can't find anything on adding interest to loans. --shrug---

Thanking you again,

-J

Oh one other thing, have any wording on telling them not to call me but to only contact me through writing?

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A Providan card and 27.98% interest? If you don't have copies of your credit reports, get them as soon as you can. Your account was probably re-aged and they also probably charged you interest for the period between when the account was charged off and when they purchased it. Do exactly what Methuss says and be sure to include a limited Cease & Desist in your DV so if they call you it's more FDCPA violations. You don't want to talk to them because they're not going to work with you and anything you say may be used against you, not to mention they get their jollies getting you all worked up.

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Thanks abunch!

Here is what is going out:

To Whom It May Concern:

I have received your letter where you claim that I owe a debt to you and/or your company. This letter is being sent to you in response to your attached collection letter. This is not a refusal to pay, but a notice that your claim is being disputed by me. I do not recognize your company and I do not believe I owe you or your company this debt.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt to you and/or your company. I also request validation of the amount you say I owe with this debt and how these figures were computed.

I further request that all further communications take place by mail only.

Any last hints or advice?

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