I had a CC with Providian. I am 80 days late; Providian closed account and accelerated account-demanding payment in full. Calling several times a day. They sent account to CA â?? Encore Receivable out of Kansas. Encore first collection letter was on May 24, 2002. Both Providian and Encore are double teaming me. I sent modified validation letter to Encore on June 21 â?? signed RR by them on June 27. On June 28 Encore called demanding full amount due. Woman told me call was being recorded, gave mini-Miranda. At this point I had not received the green card back yet. I bluffed and told the woman that I had sent a validation letter for them prove that I owed the debt. She told me that â??Providian does not inform them (Encore) of these thingsâ?. I told her no, I did not send it to Providian but to Encore and I was holding the return receipt in my hand. She promptly said â??ohâ? and hung up on me. Thatâ??s the first violation. In todayâ??s mail (July 1) I get another demand letter from Encore that is dated June 28, one day after they signed for my letter, no validation, violation #2. Now what should I do? Sit low and see if they validate? Or does it make any difference if they do or not and should I just send them the estoppels letter? Since both Providian and Encore are calling do I have any recourse against Providian? Thanks in advance for the feedback.
Never delt with this company but you can check what the BBB says abt. them. Hope someone can answer your question. http://www.kansascity.bbb.org/commonreport.html?compid=11030625&national=Y
Wait out the 30 days from the date the green card was signed. On day 31 send the estoppel, also include in the estoppel the fact that they have violated the FDCPA by engaging in continued collection activity. You may also want to send along the FTC opinion letter Wollman which explains that a mere computer print out is not validation, so the CA doesn't even need to waste your time by sending you something as cheesy as that. Both the OC and the CA cannot be actively collecting on this account. That's like saying the original debt was $1000, but now you're expected to pay $1000 to Providian and $1000 to the CA. I don't think so. You could also send a C&D letter to the CA, advising them not to contact you by phone anymore, since the phone calls are apparently getting out of hand. Another suggestion is to dispute the providian balance on your credit report as $0 balance. They sure as heck better not be reporting an active balance after they've sold/or transferred this debt to a CA.
Keep in mind that you have 2 years from the data of the FDCPA violation to file suit. What I did was store the violations away to use as weapons when things got really nasty later on. Document the hell out of them so you can prove in court later what they did. In the meantime, give them enough rope to hang themselves. They always will.
Let me try and flesh out my response-got interrupted the first time. Speaking as a former lender, when you invoke the demand in full right now clause of a contract it means one thing. They are getting ready to sue. ESpically if it has just been 80 days. If they can prove this is your account, the judge is very likely to rule any FDCPA violations as "harmless errors". There is nothing in either the FDCPA or, the FCRA that says a remedy for any violation is you are not liable for the debt. I personally think you're going to be better off by either trying to work with them and get current or, trying to bt the debt elsewhere .
Providian will not work with me right now. I have some major medical bills. Wife and both daughters in major auto accident. One daughter was trapped, sever injuries. But is ok and should make a full recovery but will take time. If Providain wants to sue, so be it. I am in FL and according to state law I am judgement proof.
I forgot to add, I am making regular payments, full interest payments only, but Providian wants at least $225, then she came down to $150 then $75. But the CA in their original phone call would put me on a $50/month at 9.9%. I said ok, but they have not sent any paper work. Thats why I sent the validation letter.
