Jump to content

Providian refuses to go away@##$ Debt validation Question


chilton1
 Share

Recommended Posts

:BadDay: Providain sold an account I had with them to Collect america. Today I received a letter from astra Business. Astra has contacted me in the past by phone; this is the first time by mail with only a PO box as return address.. :<img src=:'>

I am preparing a debt validation letter to send to them. Astra is not on my report Collect America is on my report and they update each month.

Since i can't do the 1-2 punch with astra if they are not on my report, do I send out two DV letters one to collect america and one to Astra?

I offered a pay for delete over the phone and they said they don't do that *coilme*.

Help!!

Link to comment
Share on other sites

Only deal with the the ca that is on your report!! So send DV letter to that CA. If you dont get response within 1 week dispute with credit bureaus. Tell them that they are violating FDCP and FCRA by reporting a debt that has not been validated and that is illegal!!! If that doesnt work though it should tell them it is a fraudulent account!!!!

Link to comment
Share on other sites

Only deal with the the ca that is on your report!! So send DV letter to that CA. If you dont get response within 1 week dispute with credit bureaus. Tell them that they are violating FDCP and FCRA by reporting a debt that has not been validated and that is illegal!!! If that doesnt work though it should tell them it is a fraudulent account!!!!

WRONG! WRONG! WRONG!

DV every CA that contacts you. Your rights are virtually lost if you do not DV within the 30 days. Follow this:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=234405

Link to comment
Share on other sites

The one on the report has not contacted me by mail or otherwise. Do I treat their presence on my credit report as contact? And send DV to them.

Debt is from 2002. I am so worried because the SOL is up in about one year.

Thanks Dive i am still reading....

Link to comment
Share on other sites

  • 2 months later...

I Sent a DV letter to Collect america and Astra business. Well Astra stop calling. (Collect America can't collect in Illinois so Astra was doing it for them).

Anyway, i also disputed with the credit bureau and they updated all the credit bureau entries by adding interest of more than a $1000. They never responded to my DV.

Well they are ruining my credit; what can I do about these bottom feeders?

Since they did not respond to my first Dv, I sent a second DV. They now have two entries on my experian credit report and one listed as collect america the other as CAVC; I disputed those.

They are working to ruin my credit. my credit score was at 698 they updated and it went ot 694. They since removed the equifax and my score went from 694 to 700. Well what do you know, they put the crap back on the score did not go back to 694 it is now at 689 WTF.

What can i do? SOL is up in may according to providain they have it at November, 07

Link to comment
Share on other sites

The maximum I can sue for is $1000? But if i lose wont I have to pay all the money plus interest. they have the total at $3119. Initially it was ~$1600.

So do i wait until the SOL has passed to sue them or do i do it now. would they not be able to counter sue?

Link to comment
Share on other sites

Anytime you get a letter from a CA representing a JDB, DV the JDB and cc: the CA. I don't care who is or isn't reporting. Once you have rock solid proof the JDB has been notified, they cannot turn the account over to another CA for collections without violating the FDCPA (in contrast to when the account is still held by the OC).

Now legally, the JDB may still be liable for ceasing collections after you notify just the CA, but I prefer to keep it neat and clean. No need to argue that the JDB was notified through their agent CA. The JDB was notified directly, and they are a debt collector under the FDCPA. Therefore they must cease collections on the debt until verification is obtained and forwarded.

Link to comment
Share on other sites

They cannot countersue for the debt, they would have to file a separate suit. Counters must be based on the same set of crcumstances as the original suit.

In a federal court action, it is highly unlikely you could ever be countersued for the underlying debt. It is technically possible. Since the underlying debt would only be a permissive counterclaim, the fed court must have original jurisdiction over the claim. Since fed courts only have original jurisdiction over two types of claims (federal question or diversity), they would have to meet the diversity test. Unless they owned $75,001 worth of paper on the plaintiff, they could not countersue in federal (assuming they could meet the other diversity test of citizenship which is much easier to do).

In state court, they could make a permissive counterclaim on the debt easily.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.