Ready to fight!

Discussion in 'Credit Talk' started by tulipchic, Aug 12, 2003.

  1. tulipchic

    tulipchic Well-Known Member

    I have a Providian charge-off and associated judgment. I've been able to get judgment deleted from TU, but the charge-off won't budge.

    I am ready to take on Providian, just not sure if my idea has a leg to stand on. I know there is debate on whether an OC can continue to charge interest if they do not send out statements. However, if there is a judgment (which is accruing interest), shouldn't the charge-off be a dead issue?

    Every time I dispute the Providian TL the balance and past due amount changes. I believe this is because they are still adding interest.

    Does anyone think I can go after them for continuing to add and report interest charges?
     
  2. lbrown59

    lbrown59 Well-Known Member

    However, if there is a judgment (which is accruing interest), shouldn't the charge-off be a dead issue?
    tulipchic
    ==============
    Yes


    THE END ** *** ** LB 59
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  3. tulipchic

    tulipchic Well-Known Member

    How do I go after Providian?

    Just got back latest dipute (TU) of Providian charge-off. Once again remains and updated. They continue to change balance and past due amount.

    Any suggestions about how to go after Providian for charging interest on an account for which they already have a judgment?
     
  4. lbrown59

    lbrown59 Well-Known Member

    How do I go after Providian?

    Any suggestions about how to go after Providian for charging interest on an account for which they already have a judgment?
     
  5. tulipchic

    tulipchic Well-Known Member

    How do I go after Providian?

    I just need to know what statutes they are violating. I've read a ton of stuff and can't come up with anything. If someone can just point me in the right direction it would be appreciated.
     
  6. Hedwig

    Hedwig Well-Known Member

    How do I go after Providian?

    If they're allowed to charge interest on the judgment amount, there's no way to "go after" them. What they're doing is legal. I think the real issue is can they report both the judgment and the chargeoff, and I don't know the answer to that.
     
  7. lbrown59

    lbrown59 Well-Known Member

    How do I go after Providian?

    1*If they're allowed to charge interest on the judgment amount, there's no way to "go after" them.
    2*What they're doing is legal.
    3*I think the real issue is can they report both the judgment and the chargeoff, and I don't know the answer to that.
    Hedwig |
    _____________________
    1*Don't see why he can't. The judgment and charge off are separate issues. They Can't charge interest on both.
    2*I'm not so sure of that.
    3*Judgments are picked up from court records not creditors.



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  8. tulipchic

    tulipchic Well-Known Member

    How do I go after Providian?

    lbrown59 writes:
    1*Don't see why he can't. The judgment and charge off are separate issues. They Can't charge interest on both.


    This is my point exactly. Once the judgment has been obtained on charge-off, then the account should be "dead."

    Any ideas on where to begin? FCBA, other banking laws?

    Thanks.
     
  9. Hedwig

    Hedwig Well-Known Member

    How do I go after Providian?

    But, until the judgment is satisfied, it's allowed to accrue interest. The amount shown on the judgment isn't going to be updated by the courts every month. SOMEONE is still collecting on this CHARGED OFF account, and they have a court order saying that they can do it. That doesn't change the fact that the account has been charged off and continues to accrue interest, per court order, until the judgment is satisfied.
     
  10. tulipchic

    tulipchic Well-Known Member

    How do I go after Providian?

    That makes no sense. The charge-off should not have any legal standing anymore. Legally I have to sasify the judgment, not the charge-off. A judgment for the charge-off takes over the account. The judgment is for the amount of charge-off plus lawyers fees. Then the judgment begins to accrue interest, the charge-off should not change after the date the judgment is issued.
     

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