Do I have grounds for suit?

Ok, I posted this issue on a separate thread, but it's a little long and I know a lot of people won't want to read it. So, I'm going to condense this post and get straight to the point. If you want background info, you can read the original post at:

http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=420876#post420876

The issue is that Providian financial has been inaccurately reporting me late to the bureaus since July 2002. I am on a CCCS plan which currently handles my 2 Providian cards. Providian claims no once called to reage the accounts and CCCS claims Providian is supposed to do it automatically. As I had no intention of applying for new credit for the past 2+ years, I foolishly never bothered to keep track of my CRs. Well, now I'm ready to buy a car and voila, I find this mess.

I should mention that my payments go out every month electronically and automatically every 16th of the month. I've never missed a payment or been late. CCCS has made every payment as agreed.

I've disputed originally with CRAs in February. Came back verified. Called CCCS and let them try and take a stab. At one point in March, I was told by CCCS that Providian had agreed to remove incorrect entries. Now Providian is changing it's tune. I have since disputed directly with Providian (May 5, 2004) and then re-disputed with CRAs (May 10, 2004). I have requested a full historical of payments from Providian and CCCS. Will be forwarding to CRAs as additional proof.

So, Providian is ignoring the fact that regardless of whether reaging took place or not, they are reporting misleading information to the bureaus. My CCCS agreement says my new minimums are $78 and $73 respectively for each card. They receive $78 and $99 respectively every month, on time. As far as I'm concerned, Providian has to be in some kind of violation here. Furthermore, how long before I can check to see if they've notified the CRAs that the items are "in dispute?" These guys are just terrible and I'm tired of playing nice. If they don't want to cooperate and fix THEIR mistake, I want to seek any legal means available to me.

Anyone else has any other suggestions/course of action?

Thanks,
Camilo

 

***BUMP***

 

...but the issue here is not that I didn't pay. I paid on time, every month.

Providian accepted a debt management agreement that clearly outlined the new minimum payments of $73 and $78 for the two credit cards respectively. Each month, Providian receives $78 and $99 for each card. Why should I be penalized because THEY forgot to update their system with the correct information, or were simply negligent in their reporting?

 

Re: Re: Do I have grounds for suit?

I understand that, but by accepting the CCCS agreement they in essence agreed to accept my new lower payments, now structured under different terms than my original contract with them. What gives them the legal right to ignore the new terms?

As far as I'm concerned not only is it unethical, but they are knowingly reporting misleading information about my payment history. In my mind, that has to constitute some kind of defamation of character as it simply does not present an accurate picture of my creditworthiness.