I sent a letter to Pvdn on 7/10/02 to remove a 30 day delinquency on my CRs. I specifically asked them to place my acct in dispute while they investigated the matter. Fast forward to today (they asked for additional info on 7/17/02, which I supplied)...I rec'd a letter from them in which they indicated that their records were correct and the deliquency would stay on my acct. They never contacted the CRAs to place my acct in dispute. I found a thread a couple of days ago, which talked about filing a small claims suit against them. I am now considering this strategy as they never placed my acct. in dispute. It would be an easy $1,000. But in reality, I would like to use this suit to negotiate a settlement and removal of the delinquency on my CRs. What do you think? Would this be the best course of action??
I am trying to get 2 60 day lates removed or the entire tradeline. They seem to be holding to the letter of the law due to being under the microscope.
You might try a "good will" letter if they are not already really peeved at you. If your account has been current for a year or more they have a good chance of removing it. It pays to be nice when you are doing this. It would be admitting that you were in fact late but it may be the best hope you have. Do not do this if the late is bogus. Fight it and make them document where you were late . Get out your old checks and verify it.
I have to speak up and please don't take this personnally. But, the misconception that it will be an "easy $1000" is ridiculous. You will have to prove they did not ask for it to be placed in dispute. It can take the cra's up to 90 days to update something like that. Being that this was answered so quickly, there is no way you can prove they didn't request it. The best course of action, IMO, is to send the goodwill letter as already suggested. As for the lawsuit idea, you would need to show actual damages caused by this also. I think a lawsuit in this situation would be a big mistake.
LKH, Thanks for your candid post. I respect that. However, I said that I don't want this to get to court. My strategy is to subpoena people I have talked to in their Dallas, Austin, and SF offices (including cust. serv. reps). I want it to seem that the expenses of them fighting this would be too extreme, which would force them to settle. Anyway, I have read many posts on this board re: goodwill letters and Providian. I do not remember ever reading one person say that it worked w/ them. So, I don't think that would be a viable option. If anyone knows of such a person, would you please let me know? Thanks
Well, that may work. I have no idea, but sending out subpoenas to all mentioned may give them something to think about. LOL And, it could start to get expensive for them, and it may be for you also. You will need to issue the subpoenas, which in your state, may or may not have fees for each. Then, you may have to give witness fees to each person. If you can handle that, it may work. As for the goodwill letter, I know it has worked before, but whether or not it has worked with Providian, I have no idea. Good luck with which ever way you go with this.
I believe if you do a search on this site you will find quite a few instances when the good will letter worked in the past. One woman actually got 13 deletions off her report by a very persuasive good will letter she authored. I believe it is included in the "letters" section of this site. Are you really willing to go the lawsuit route for 30 day late? It may not effect you that much as far as getting credit but since I do not know your circumstances I could be wrong.
I know the goodwill letter works on certain CCCs. However, it would seem ridiculous of me to say this delinquency is not mine (which I truly think), then turn around give a sad story of what happened and why I was late. I just remember reading posts about a month ago and people stating that Providian does not give in to goodwill letters. I don't want to go the lawsuit route, but I think my options are limited. I have the number of a Providian employee that I plan on talking to on Monday to see if there is any way that this could be removed in a nice fashion.
I got Filenes to update my 32+ 90 days late, to paid as agreed. Not only did I get to keep it as a positive 15 yr trade line, but it was a paid/closed account--so they had no real reason to do it for me. I sent the letter via planetfeedback, and it was changed within 2 weeks! That was my crowning moment in my credit journey!!
