Pinned down by old Providian Acct.

I am currently being pursued by Eagle Service Corporation located in Hattiesburg, MS for an old charged off credit card account I had with Providian. Iâ??m located in Louisiana. I was first served with court papers in March, 2004. I immediately responded to the default judgment attempt by filing an answer with the court and sending a validation request letter to the plaintiffâ??s local attorney. I specifically asked for (1) proof that the plaintiff purchased or was assigned the debt, (2) a complete payment history, starting with the original creditor, and (3) a copy of an original agreement with my supposed signature. I also requested completion of an included debt validation form. I immediately received a customary response letter from the attorney stating that he received my validation request and would forward this to his client.

After 30 days passed, I received a response from Eagleâ??s attorney along with a copy of an original agreement with my signature. The accompanying letter stated that his client was not required to complete the debt validation form because I failed to provide an account number. Needless to say, I couldnâ??t provide an account number because it was not provided to me in the paperwork I was served. The letter also stated that his client has asked him to move forward with the litigation. I had not heard or received nothing further from Eagle or the attorney until recently, over a year later. After amending my answer to the default judgment, back in 2004, I took no further actions with this matter, thinking that it was over, since I hadnâ??t heard or received anything after that last letter.

Just last month, I received a letter in the mail from Eagleâ??s attorney, stating that â??per my request, validation of the debt has been made and that his client has asked him to move forward with the litigationâ??. Attached to the letter included copies of several documents: (1) a copy of a Providian Bank Account Agreement (2) a copy of my credit report by Experian from 2003, (3) copies of monthly statements from Providian dated for 3 consecutive months in 2004, (4) a copy of a bill of sale from Providian to Vision Management Services (5) a copy of a bill of sale and assignment from Vision Management Services to Eagle Service Corporation, (6) and a copy of some spreadsheet printout listing my name, address, the amount I supposedly owe, etc.

I have since consulted with 3 local attorneys. The first attorney looked over all of my documentation, discussed it with his partner (attorney #2) and referred me to attorney #3, whom I was told had much more experience with debt collection/FDPCA violation law. Attorney #3 wouldnâ??t even speak with me, but instead had me to explain my situation via telephone to his secretary/paralegal, who relayed the information to him. Based on the small amount that Eagle was suing for (little over $2500), he, through his secretary/paralegal informed me that I would have to put him on retainer and to simply look over my paperwork would be a flat $100.

Eagleâ??s attorney has since filed a Motion for a Summary Judgment and a hearing has been set for next month.

Right now I feel like my back is up against the wall and Iâ??m on the verge of getting jacked by a junk debt buyer who bought this account for $1. I looked over all of the submitted paperwork with a fine-tooth comb. I have found what I consider several inconsistencies. However, I donâ??t know if these inconsistencies have any legal basis or provide an angle in which I can defend myself. Some of the things Iâ??ve noticed are:

1) The account was charged off by Providian in 2002. However, the attorney sent me and submitted to the court copies of monthly statements from Providian (like the monthly statement coupons credit card holders receive) addressed to me for 3 months in 2004. Each monthly statement includes the exact same amount owed (the amount supposedly owed when Eagle acquired the account) along with the same coupon/transaction number (at least I think thatâ??s what that long number is at the bottom of the coupon). I believe these statements were falsely created. Why would Providian continue to issue monthly payment statements if the account was charged off in 2002 and acquired by 2 other companies in 2003?
2) The copy of my credit report presented by Experian from 2003 included no information or listing from Providian, Vision Management or Eagle Service Corporation.
3) The copy of the bill of sale between Providian and Vision Management included a fax number that after some research I discovered is or was once the fax number for PDI Management Services (a.k.a â?? Book LTD), owned by Vincent Galewick. I have read several internet sources detailing the problems others have had with PDI Management.

Hereâ??s some additional info I almost forgot to include:

· The last payment on this account was made in Feb, 2002
· After I sent a debt validation request to Eagleâ??s attorney, I requested verification of this particular account with all three credit reporting agencies and received 3 different responses â?? Transunion deleted the entry, Experian claimed to verify and updated the entry, and Equifax gave me the runaround by supposedly forwarding my request to our local credit reporting agency and did absolutely nothing.

I would really appreciate any feedback that may help me in this matter. Please keep in mind that Iâ??m located down south, and am subject to â??lousy-anaâ??, I mean Louisiana law. Thanks again, everyone.