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I read and read this forum and STILL screwed up !! (long)


Aerovette
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I have a bad Providian account 6 months away from the SOL expiring and lo and behold the CA called me. He totally caught me off gaurd and I forgot EVERY PIECE of information I learned here. DAMN!

Fortunately I did record the whole thing so at least I can hear where things went sideways. He calls requesting $4154.24. I said I would have to have information on the account before I could help him. He then began insisting I knew of the account. I repeated that I could not confirm or deny without something to work with. He gave me the account number and then basically starts recapping my credit report over the phone. He told me they filed a judgement and have already "investigated" my mortgage. I asked if he was threatening to sue and he said no, he was recommending that his "client" file suit. I asked what the difference was.

I got so fired up and I kept asking him if he was threatening me and he would deny each time. I told him I was not impressed with his ability to read my credit report to me over the phone. He was basically saying hey, ytou have the funds available to pay us and I want an answer. His "client" is World Wide Credit. He kept pushing me to commit to pay and I got hotter and hotter. He informed me that the call was being recorded and I did the same. ( I have no idea why!!). He asked that I press ONE to deny payment. I said "excuse me, I didn't hear you" and he repeated. I said "excuse me" again (trying to think of what to do) and I just hung up without pressing any buttons. He called back and the recorder did not turn on in time. He asked "Are you going to pay?" to which I responded that I did not have enough information to affirm or deny the debt. He called me a liar and hung up. WHY did I let this dialogue go on? I feel so freakin' STUPID. I totally mis-handled it and played all my cards. Recording, validation request, everything. NOW WHAT?

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IMHO, doesn't sound like you incriminated yourself or screwed up! Was this the first contact you had with the CA? Wait for their letter to come to you within 5 days and then request validation. See how it plays out! If they were going to sue you, then it wouldn't of mattered how you answered the phone and conducted yourself, because they were going to sue you anyway. Providian seems to sell debt off fast! Are you sure this particular CA didn't buy the alleged debt?

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It appears that they did buy the debt. The problem I have is that they said they sent me a letter three years ago and then sent another 14 days ago. I have no recollection about three years ago, but I assure you I have not gotten anything in the last 14 days. I did not know they existed until I saw the credit pull on my report on July 1st. Last night was my first contact with them. They claimed they do not have to contact me at all and can simply sue. That's a bit scary. If I can keep them from filing suit for 7 months, the SOL will be up. Any thoughts on how to drag this out that long? Last night they said they were going to recommend that their client take further action. Their client is no longer Providian. They are collecting on behalf of World Wide Credit.

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Is it recommended that I do nothing until I get the letter? What if I never get one? I ultimately want to get through the SOL. Are there any stall tactics that can buy me about 7 months? Once they file suit, SOL won't matter. Should I request a validation without any leter from them? Should I send a C&D? I hate to do that because then I won't know what they are doing. I can't negotiate a settlement because they have not even proven the debt is mine. For all I know these guys nabbed my report and are just extorting money based on a derog.

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IMHO, I would wait until the 6th day and then send a terse validation demand and make sure you reference the phone call the date and the time it took place between you and the 3rd Party Intervenor and make sure you name him in your validation request. I would demand a Certified Copy of the Accounting ledger of the Alleged debt to be signed under penalty of perjury that it is indeed a true copy of the original and it should be signed by someone with 1st hand knowledge of the debt and the accounting procedures used to arrive at the amount they allege you owe. I would also point out you'll need Certified Copy of the Assignment/Purchase Agreement which would give them any jurisdiction whatsoever, to collect on the alleged debt. I put a whole bunch of demands in my terse validation request and I would make sure I demanded a limited C&D and that is only correspondence and no telephone calls and that correspondence is only in the form of a Validation paperwork from the Original Creditor.

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FRom the previous post, I will assume I am to wait for the letter from them. Also I was reminded of something that happpened about three weeks ago. I had a PI call me soliciting business from my place of employment. NOW I realize he was probably confirming where I work.

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I received the letter from the CA that was supposedly sent 14 days ago. It arrived today and is dated July 3rd. Must be a time machine involved. Here is a question. How does this work? The letter states that World Wide Credit bought the debt, but it is Leading Edge Recovery that sent me the letter telling me that information. So who is Leading Edge and who do I respond to? WWC or LER? They are giving me 30 days from receipt of the letter (came by regular mail so I will use the date of the letter). On day 30 they will receive my DV request. Should I ask for EVERYTHING required in the first letter or buy time by asking for it in pieces?

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