I've been reading here........alot as the experts recommend. I've followed advice of many different people on this board and had moderate success thus far. I am about to settle one debt with an OC that is legit and only 90 days past due for 20% of the original balance(7K), thanks to their illegal tactics that I would never have known about without the board. I'll name the OC once it's settled and deleted for everyone's benefit. However, to the real issue: Providian & ITC and Chase Manhatten. I received a voice mail message from ITC telling me they would call all my neighbors about this debt with Providian if I did not return their call by 9PM last night. Since I did not get the message til this morning, I guess they'll be calling my friends and neighbors. Since I live in a rural area this does not really concern me because I have very few neighbors. But I think if they actually call them, this is a violation once they mention it's for a debt? Also is ITC just an internal branch of Providian or an actual CA? (I'm trying to decide what letters to send) The other issue is Chase Manhatten. They have called my parents numerous times and told them my SS#, my address and that I owe them money as well as various other personal info about me and my family. I think these are violations but not real sure. Can someone assist? I can not believe the tactics these idiots resort to. (Again trying to decide what letters to send or if I should just sue) Can't wait to tell y'all when my settlement goes thru with the big bank OC!!! These people are so entertaining! One last question, does an OC have to abide by a c&d letter? Thanks for all of y'alls help!!!!
Re: Providian/ITC....need veteran h Full Text of the Fair Debt Collection Practices Act: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm § 805 (B) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. Keep a copy of the voicemail that ITC left you. Even the threat of communications with a third party about your debt is a clear violation of the FDCPA. I would also suggest if Chase has not left messages, but talked to your parents, that if possible you get them to document when Chase called, and what was told to them. Get your parents to swear an affidavid (I mispelled this, I know) to the calls and the content of the call (just a statement signed by them, notarized would be sufficient) Then file 2 lawsuits in small claims court, suing both of the above for $1,000 each. Even if the debt is within SOL, you have such a clear case of violation of the law, I would just sue. Not ITS letter, don't even give them a chance. Just file suit and expect a settlement offer to come in. ChrisB
Re: Re: Providian/ITC....need veteran h Chase is not covered by the FDCPA. You will need to check your state's laws.
Re: Re: Providian/ITC....need veteran h Thanks for the quick response! I did save the voice mail exactly for that purpose. Also, my parents have logged the date and time and persons name each and every time Chase called them which is now 3 times live and 2 voice mails. Unfortunately my dad did not save the voice mails. I am in the SOL with both companies and the debt is approximately 5k on one and 7k on the other. I guess Chase would be governed by UCC???? I will keep y'all posted on how this turns out.
Re: Re: Providian/ITC....need veteran h Many states have their own version of the FDCPA. Some are a lot stronger, and include OC's when acting as debt collectors. You would need to check your state statutes.
Re: Re: Providian/ITC....need veteran h I think Texas has some pretty good stuff for consumers.....not for the OC's and CA's though!
Re: Re: Providian/ITC....need veteran h You a Texan too? http://www.occc.state.tx.us/pages/Legal/Laws/Laws_01.htm#Ch392 Scroll down to misc. as well - Chapter 20 for CRA rules.
Re: Re: Providian/ITC....need veteran h Yep....nowhere else I'd rather be! Pardon my ignorance but what is the ITS letter?
Re: Re: Providian/ITC....need veteran h Never mind......duh.......intent to sue!!!! Just needed a second cup of java this morning before I got it!
Re: Re: Providian/ITC....need veteran h 1*. I received a voice mail message from ITC telling me they would call all my neighbors about this debt with Providian if I did not return their call by 9PM last night. Since I did not get the message til this morning, I guess they'll be calling my friends and neighbors. Since I live in a rural area this does not really concern me because I have very few neighbors. 2*I think these are violations but not real sure. Can someone assist? 3*(Again trying to decide what letters to send or if I should just sue) 4*One last question, does an OC have to abide by a c&d letter? TallSmith --------------------------- 1*It would concern me rural or not as this is a violation of FDCPA. 2*They are. 3*Don't recommend starting by suing 4*Yep but watch what you say in them or they might sue you. In a message dated 9/3/03 6:27:36 PM Pacific Daylight Time, LBrown59 writes: << ------------------------------ http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826 """"```--~~~~~~~~~--```'""''' >>
