I have an old Providian account that was charged off either in 2002 or 2003. I'm being hassled now by a 3rd party collector and I need to know the exact date of the charge off so I can use that info to let them know it is well past sol. My bank records show the last payment in 2002 but they "swear" I made a payment in 2005. This is not likely since I purposely stopped paying it in 2002 so it would get charged off and I could set up a settlement. I've been waiting for years for settlement offers but none have come through until this month from the infamous Trauner, Cohen and Thomas debt collection mill. My credit reports do not show the date of charge off but my last payment was in 2002 according to my bank statements. How can I find out when the account was charged off? I notice that on each report except one Providian continues to reset the date of last activity - the most recent being October 2007. I have not paid on this account or heard anything from them since 2002, 2003. They are notorious for re-submitting dates to the crb's to make it look like the accounts are current and not past sol. Any advice will be appreciated.
Demand a validation, spelling out everything - date opened, date that you made last payment. If they come up with with a different date of your last payment, make them prove it. Chances are they can't, then you can tell them to go to hell.
Review your credit reports in detail, and make sure you understand how they report. The Providian account CO date should be on your credit reports somewhere. You can also request "verification" from "Providian" (though they are no longer in business). Per law, you must make the request to the address shown on your credit report. So, whatever is showing as the "address" of the OC, that is where you should send a "verification" request. Further, request "Debt Validation" from this collection agency. Detail the request for "Date of First Major Deliquency" (the date that the account first went deliquent and was NEVER brought current). The Charge Off date is supposed to be 180 days from this date. I wouldn't state that you believe this account to be past SOL yet (in any letter), save that bullet for court action.
Exactly, just do the FACTA requests to Providian/WAMU and request validation from the collector (probably a debt purchaser now; either, MCM or Jefferson Capital). Leave out the time barred language insofar as it is superfluous.
