About 3 months ago. I recieved a phone call from attorney"s representing Providian. I set up a payment arrangement to pay $100 a month on $1400. I did ask for something any writing as far as validating the debt. She told me that she didn't have to because they sent out letters last year. I told her that I didn't recieve anything. She then threatened me with a lawsuit. I have been considering filing bankruptcy, because I really can't afford the $100 a month. She kind of scared me into making the arrangement. I got a copy of my credit report and Providian stated that the account was purchased by another lender, however the lady referred to Providian as their client. I phoned Providian and they stated that they no longer owned the account. Is it to late to try to get them to validate the debt? I refuse to pay another dime until I know. Please give me some advice.
Its never too late to validate a debt. When you made the payment arrangements, you didn't give them your checking account info did you?
Then I would seriously consider closing this account if you are going to quit paying while you validate. Some less than scrupulous CAs have been known to take your checking account info and wipe you out. Legal? No, but a big PITA.
Send the CA the validation letter. Don't let them trample you and run roughshod over your rights. Don't let them intimidate you, it's the only weapon they've got. ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* >
Hereâ??s a copy of the response to my validation request: Macdowell & Associates Ltd. Inc. Attorney at Law Re: Cottonwood Financial Services LLC. Our File No. 034818 Dear Mrs. Harris I am advising you that the original creditor in this case is Providian National Bank. I show you opened a credit card/account agreement on 05/26/99 card no XXXX_XXXX_XXXX. The statue does not run from the date you opened the account. Instead, it runs from the date of your last payment. My records reflect that an initial demand letter in compliance with the FDCPA was sent to you on 03/21/03. The subsequent contact with this firm has resulted in your verification of the debt. You have further verified the debt by making payments directly to this firm toward that debt. This further tolls the statue. If a lawsuit is filed, the court may award a judgment as high as $1766,17 minus $200 credit that you are due. I can offer a one time lump sum payment of $650.00 or interest free payments on $800.00 in order to resolve this litigation. Please contact me in regard to a reasonable settlement. Thank you for your time. How should I respond to this? I know I was stupid to let them scare me into making a couple of payments. I have since closed that bank account. I was curious about something. If Providian is the original creditor who they are representing, then who is Cottonwood Financial? I called Providian on yesterday. They said that they sold the account to New Century. I called New Century and they said that they sold it to Cottonwood Financial. I called Cottonwood Financial and guess what? Itâ??s the same number to Macdowell and Associates. I clearly asked them if they owned the account. The first contact with them over the phone they clearly stated that they referred to Providian as their client. Does this sound strange to anyone? When I sent the validation request, I also sent a partial C&D letter and they still continue to phone me. Advice anyone?
When I sent the validation request, I also sent a partial C&D letter and they still continue to phone me. ghari2k ============== Appears you have more in violations on them than what they're tryin to extort from you. Weekly Workout The doctor told me to start an exercise program. Not wanting to harm this old body, I've devised the following: Monday Beat around the bush Jump to conclusions Climb the walls Wade through the morning paper Tuesday Drag my heels Push my luck Make mountains out of mole hills Hit the nail on the head Wednesday Bend over backwards Jump on the Band Wagon Run around in circles Thursday Advise the President on how to run the country Toot my own horn Pull out all the stops Add fuel to the fire Friday Open a can of worms Put my foot in my mouth Start the ball rolling Go over the edge Saturday Pick up the pieces!! Sunday Kneel in prayer Bow my head in thanksgiving Uplift my hands in praise Hug someone and encourage them. Whew! What a workout! It's enough to tire one out for a long time!! http://www.send4fun.com/telephone.htm ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* >
One thing to remember is when you request validation they need to show you have a legal obligation to pay the debt...ie, the contract with your signature on it. They can test their case with your payments and you contacting the original creditors etc. all they want. The fact is, they have not properly validated and they are still collecting and, presumably, have not marked your credit report "In Dispute". Keep collecting CRR's and credit reports and logging all calls and letters from them. When you have accumulated a mass of occurances greater than or equal to a debt, seek out a credit attorney. Normally I wouldn't get the attorney, but they sound pretty underhanded to me...so an attorney might be a good protection in this case. If you can show numerous violations worth a few grand in court...you should be able to find a consumer credit attorney or advocate willing to represent you.
I contacted a consumer credit lawyer today from the website www.naca.net concerning my issues. His response is as follows: Ms. Harris, You cover a wide variety of issues with your case. It is very typical for Providian, or any of the other credit card company to "sell the debt" to people who often continue to "sell it." Don't be surprised to find out that the attorney who is collecting the debt bought it this time. It happens. HOWEVER, nothing about the "statute" allows them to violate the FDCPA. If they didn't have the mini-miranda warning on their letters, that is a violation, so is calling after notice to stop. Also, any threat that was not carried out in 5 days is a violation. My office is in Birmingham, and while I have no problem taking on a case anywhere in the state, typically, I require a meeting (with no cost to you) to discuss matters face to face and figure out which direction to take. From what you have told me, you may have a viable case. I would be happy to discuss it with you further, at a time that is convenient to you. You may call my office during regular hours and set up an appointment if this is a matter you would like to pursue. What do you guys think?
Ya I thought that was odd too, but it might have somthing to do with their state consumer protection laws.
The subsequent contact with this firm has resulted in your verification of the debt. ghari2k | ====================== This in its self don't validate the debt.
<< Threatening lawsuits seems to be the new popular way of "complying" with FCRA and FDCPA. ontrack +++++++++++++++++++++++++++= But it don't comply.
Hello guys I'm back............I got served with a summons a little over a week ago from MacDowell and Associates on behalf of Cottonwood Financial. I did contact the attorney that I mentioned in a previous thread about the summons. I sent him all the information that I had. Here is response: Ms. Harris, Couple of items. Earl has asked Knox Mclaney to look at the case. Knox is in Montgomery. The problem for both of us is that it is tough for us to justify driving to Montgomery for a small claims case. The drive time alone would cost more than the case is worth. Knox is there, so that isn't an issue with him. For some reason, I was thinking that Macdowell had filed the case here in Birmingham. As to the case, our guess is that the debt buyer will not have enough evidence to prove the case and that they are counting on your not showing and thereby winning this thing by default. I will talk with Knox tomorrow when I land in Dallas. I will be out of the office tomorrow and Friday. In any event, an answer will not be due till Tuesday due to the holiday on Monday. The simplest solution for now, I think, is to file an answer with the court denying the complaint. You can do this without counsel. Simply write "ANSWER" on the top of a piece of paper. Put your name, address and case number on it. Write out a statement denying the charges in the complaint, sign it, and mail one to the clerk of the court and a copy to MacDowell and Associates. At the very least, this will make the court set a date and require a trial (buying you some time). The trial will be short, held by a judge, no jury. Even if you loose, it is trial De Novo, which means you can appeal it to Circuit Court without any prejudice to your claim. I'm not saying we aren't going to help you. We just are real pressed for time and I haven't got a minute to focus on your case right now. Knox may tomorrow, I'm just hoping to buy you a little breathing room till we decide the best move. Call me if you have problems or questions. Like I said, on a plane most of tomorrow, but will be on the ground for good around 4 your time. Good luck I spoke with him on the phone on yesterday he is a very good guy. He spoke of how these collection agency break all the rules in collecting debts knowing that most people don't know their rights. I need help on answering the summons. The attorney is on his way out of town and I won't be able to speak with him until tomorrow evening. I want to get this in the mail ASAP. I just need some help on wording it. Should I deny the debt all together, even though they scared me in making a couple of payments? Or should I just answer with deny all charges? They initially told me that they were representing Providian, but the summons says Cotton Financial. Should I just answer with, I never had a contract with Cotton Financial, because on the contract they stated that I did. Thanks in advance
