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looking to sue providian


joe8316
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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(B).

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

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You have nothing to sue for under the FDCPA - Providian is an OC, not CA.

I will let the pros address the rest... maybe you can get a pacer account and look up how some of the filings are done in your area?

Good points, both of them. I didn't look at the post too closely, just saw the retribution for wamu's CSR and responded to that.

Also, charged off is an accounting thing, doesn't change your balance. Since you're disputing the amount, they definitely COULD come back and sue you for the balance in a counterclaim.

They are permitted to charge bank interest rates until they either sell off the account (then it's your state's interest cap, generally) or until it's paid.

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