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Need Some Advice - PLEEEEASE !

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Okay, there we go.

My husband and I had a Providian credit card (joint account). A couple years ago we put it in debt management until we could get on our feet. It stayed in DM for 1 year and then we took it out to Pay it IN FULL. We were purchasing our first home so because we had equity we borrowed enough to pay off the card. Our attorney then requested a pay off letter.

While the orignal balance on the account was $3,000, the payoff letter said if we would pay it by October 5th we would only have to pay $1200. (These numbers are approximent figures). So anyway the mortgage sent the check.....

My husband and I "thought" this account was PAID IN FULL until we received a bill a couple months later saying that we were TWO MONTHS LATE and had a balance of $1800 !!! The statement showed they received the payment for $1200 on October 6th!- We called Providian.

They informed us that they received the payment on Sunday, October 5th (the day it HAD to be in)....but they claim they couldn't credit it until the 6th because it was a weekend.

Please tell me if we have any grounds to sue in this matter. I feel it is unfair that they KNEW they received it on Sunday but KNOWING that it HAD to have been BEFORE that because the mail does not even RUN on Sunday, but I think they pushed the payment aside until the 6th so they could BACK OUT on their settlement.

So the thing is, our credit reports are showing 2 times 30 days late for a debt that we PAID IN FULL and now in order to keep it from being late again we continue to pay the bank $50/month for an account they show to be CLOSED !!

If anyone has any advice on what we might could do, Please help - I value ANY help you might have for me.


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Providian's payoff letter stated $1,200 had to be paid by Oct 5. I'll assume their is no mention of the term "credited" in the payoff letter. Since Oct 5th was a Sunday and Providian knew or should have known that fact, should have extended the deadline to Monday, the day they did receive it.

As far as any law under which to sue, I';m not sure. The FDCPA doesn't apply if they're the OC.

However, the new FCRA, FACTA (Fair and Accurate Credit Transactions Act), has a provision that you can dispute directly with a creditor in regards to disputed information reported to your credit report. You may have an avenue of recourse under standard contract law, as the payoff letter, in fact, is a contract between you and Providian, although it's ambiguous on the part of Providian.

If I were you, I'd send a dispute letter to Providian, certified mail and attentioned to 'Legal Dept.' , explaining the issue. If they don't remove the information from your CR, I'd then sue for FCRA violations and/or a breach of contract.

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Because Providian made an offer to them to settle the account for $1200.

I mean if you go to buy a TV and the salesman says.. hey.. we can sell this TV to you for 400 instead of 800 if you pay for it by Tues.

Are you going to say.. Nah.. thats ok.. I think I will pay the 800.

No.. I dont think so.

Providian made an agreement.. the payment was there by the 5 and they broke their agreement.

Take their a$$ to the mat.

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You should first attempt to contact a VP at Providian. Banks typically always extend the payment due date to the next business day! In many areas banks DO receive mail on Sundays, but having a payment due fall on a Sunday or holiday wherein you could be penalized is not a good business practice. So, you DO have a legitimate complaint here!

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You know when you have ahad a credit card as long as we have that we had charged $3,000 on-Have paid the minmum payment for several years and STILL owe $3,000 - The fact bank has gotten WAY MORE THAN what we initatially charged to begin with. Credit card companies are CROOKS and I try to avoid them now.

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