Need advice sorry long post

[puck]

Note that they are telling me they bought account from Providian with last four numbers of account. This proves nothing to me. They refuse to send me any accounting of what I have paid so far. They state the application is not available.

I sent this letter to Emerge:

I used the letter from this site,

I recently pulled my credit report from Equifax, Transunion and Experian and noticed the account mentioned above was listed. I do not recognize this so I disputed it with the credit agency’s. I received notice from the credit bureau that your company has verified that it is valid information. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;

Provide me with copy of original credit application that I signed;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

The response I received from them was:

Re: Emerge account ending in xxxx

Dear xxxxx

This letter is in response to yor recent inquiry regarding the referenced account.

The account was a former Providian Visa account with the account number ending in xxxx. Emerge MasterCard Services acquired a portion of the Providian account portfolio and began servicing the accounts on October 14, 2002.

Please find enclosed copies of the first available and most recent statements. (they were from emerge statements)

The account was opened on December 22, 2000; The application is not available.

We have notated that you have the customer's permission to discuss the account. If you have any further questions regarding this account, please contact customer service at 1-888-233-9538 or cardholderservices@emergecard.com.

[swirlgirl]

Puck, you've asked this same question a couple of times. What is your goal with this? Do you not believe that Emerge took over the account from Providian? Also, you sent the payments. Do you not have your cancelled checks or money order receipts?

As it has been stated many times on this site, a CA is not required to send that laundry list of items in order to validate a TL.

So, what are you really after? I can't tell if you are just trying to get a delete or if you have a real, valid concern about what's happening with the account.

[puck]

I have a valid concern. it's my understanding that since if it was bought from Providian (which they haven't proved yet). That would make them the third party and should be held to third party regulations. I have been paying on this account from Emerge for 7 years and it never goes down. They will not give me any accounting on what i've paid. No, I do not have all my records. If I don't pay them they mess up my credit report and my score was trashed. I really do appreciate your help. I don't understand why they wouldn't have to show me some real proof. They said they don't have the origional application. What's the point of all the info on this site if it dosen't apply???

I'm just pissed off at the whole system.

Puck

[marissart]

"As it has been stated many times on this site, a CA is not required to send that laundry list of items in order to validate a TL."

Why is there so much conflicting information on this website. I thought a CA had to validate a debt with at least what you owe the money for. I have a CA stating that I owe them $116. I have no idea what for and how do I definetely know that it is even mine. I sent them a letter asking for validation and they sent me a letter about verification. The website says that these are not the same thing. On these forums, they say it is the same thing. I'm so confused. I don't have any idea what to do now and just want to scrap the credit repair process completely.

[puck]

I know what your talking about. I thought whenever your debt is purchased it is always a "third party" and should be treated under the guidelines of a collection agency. Isn't that's why it's stated in this site that they will never be able to prove it's yours (if it is) because they won't have the original paper work. since they were not the original credit card. Don't give up. This site has helped me.

Puck

[calzer7]

Don't quit Marissart. It will be worth it in the end. Just follow the guidelines on the website and use this forum to fill in the blanks. Puck I am pretty sure your right. They first have to prove you owe them the debt by means of the original signed contract between you and the OC. If they don't prove it, they can't collect on it. If they report it, they are in violation of the FDCPA.

FDCPA Section 809. Validation of debts [15 USC 1692g]

( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Thats how I see it.