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Einstein Financial anyone?

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I have been trying to get a Providian account validated. Got something from Resurgent Capital Services, LP in June. Sent a validation request letter. The only thing they sent me was a printout stating it was acquired from Providian and telling me the balance, and stating that they now own the account.

This did not seem enough validation to me. I sent a second letter requesting further acceptable validation, never heard from them again.

Now I get a letter from a law firm naming Einstein Financial, LLC as a collector for this account. Never heard of them, never got anything in the mail from them.

So, what do you think? It was sold again? If so, can they try to collect this since it's already in dispute?

I'm kind of new at this sort of thing, any help is appreciated. My first inclination is to write to this law firm outlining the above and once again dispute the matter.

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If it's within the reporting period, be aware that Providian will have the records, so don't let them blow you off. If you need a contact within Providian legal, let me know. (It might help if you're sued)

What they sent you was prima facie evidence of an FDCPA violation: they sent you a false and misleading statement that what they sent you was validation when it was not.

Here's an old TowerRat (from the old AoC) letter about exactly that (I have to paste it because it still cracks me up):

Ladies and Gentlemen:

Congratulations on your extraordinary business acumen! You have provided me with prima facie evidence of violation of the Fair Debt Collection Practices Act.

Specifically, you were required by law to obtain validation from the original creditor and forward it to me, which you clearly did not do.

Although these are not the only violations, I offer you the chance to settle this matter prior to litigation. Should I receive a certified check or cashier's check in the amount of $3500 and your tradelines are deleted from any and all of my credit reports within the next fifteen (15) days, I will consider the matter closed. If not, I will pursue legal and adminstrative remedies. I will be seeking $500,000 in exemplary/punitive damages, in addition to statutory damages.

Please take note that you are responsible for my attorney's fees. I accept no blame for fines, penalties or other sanctions levied by the Federal Trade Commission or state Attorneys General.

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  • 1 month later...

Here's the update. I sent CV to the law firm and disputes to the 3 CRA's. One CRA answered saying "deleted". Second one answered that this item was not found (deleted?). Third one says I didn't supply enough info, but all 3 letters were identical.

As of yesterday, I have not heard from the law firm. The 30 days is up as of yesterday. But, is it 30 days from date of mailing the CV or from the day they receive it?

I am guessing that it is out of SOL. The OC is Providian, then it went to Resurgent, then to something called Einstein Financial (whom I never heard of).

Is it over?

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