Received three calls this week form TCT re: an old Providian debt. The caller admitted the DOL was August 2003. She said Providian has hired their firm to sue me and a lawsuit has been filed. I asked her for the case number and docket number and she wanted to know why I needed that. I said so I can verify the suit. She then went into her spiel of how they want to "work with me" and get the debt resolved, which stands at $2931. I told her even if the debt is mine, I need proof and would like an answer to the req. for validation I sent to them a week ago which they have received and signed for. She asked what exactly do I need to know. I ran down the laundry list for her - to which she replied, " you have to contact Providian directly for that info. " I said, no, the debt has been sold to you and so now I'm dealing with you. She said they don't buy old debt- they rep companies and sue. She tried very hard to get me to say I am refusing to pay- I kept saying I want the debt verified. She tried very hard to get my fax # - no way. I asked her if their firm ever pays any attention to the statute of limitations for cc debt. she said yes- I said the debt you are referring to went out of statute years ago. She then told me she would note my "file" that I am refusing to pay and had to take another call from someone who wants to pay. my questions: will they attempt to file a suit of a time barred account? has anyone had experience with them? several other sites list them as among the worst of the worst. I'm just wondering what I can expect at this point. Should I get a recorder for future calls? It appears this debt has been sold two-three times already. Bt previous collection attempts were from midland, asset acceptance, etc. they never really called with threats. Any thoughst will be appreciated. thanks-
Already went to MCM and Asset, whew. You have a bunch of violations but, no way to prove them up absent an Affadivit. Get a recorder and watch your reports.
The part about how they've filed a lawsuit and yet for some reason they still want to work with you suggests that perhaps they have not done such a thing. But what state is this, recall the MN thing, it's real even if the court doesn't know about it yet. And, of course, they will claim they never said that they'd sued her, that she is mistaken and they follow the FDCPA like it's their Bible. Obviously it would help her case if she got them to say it again but this time to an answering machine or something like that. This all depends on how intelligent the FDCPA violating collector is. If he's smart, he won't leave messages that are clear violations of the law.
State of GA. - They just called again today, it went to my v. mail. Each call has been made by a different collector. This is obviously a debt-collection mill. You can hear the "buzz" of multiple collectors working the phone lines in the background. I bought a recorder yesterday and will prepare to use it on the next call. My additional research on this ca is interesting: one local attorney (who seems to have had success against both TCT and Fred Hanna) has a site that speaks of several lawsuits filed against them here in Atlanta in the past year over FDCPA violations - the most recent filed as late as last week. (MOney to be made going after heinous collection attorneys) In one suit, a TCT rep told the "debtor" they already had a "crown vic" enroute to arrest the debtor. In others they said suits had already been filed when none had been filed. The owner of the firm, Robert Trauner is actually bankruptcy judge here in GA!! what a scumbag!!
The only advice I have is save the tapes. Oh, and write down what they told you before, the date and time, before you got the recorder. Follow ALL laws local and federal on what you record. Don't get in trouble when they should be the ones getting hit. Don't expect them to roll over and fork out the cash, even if that makes logical sense. They have their pride, so instead of just giving you the $1000, they have to fight. If you have a lawyer and they lose, that might end up being a lot more than $1000. Of course you want a clear win, not some strained reading of the FDCPA. Those seem like good starter examples of bad behavior. I guess he's got them coming and he's got them going.
