I wrote collection agency about validation of old debt with providian, the response I got was a letter saying they offered to settle, but they didn't validate the charges. I guess the games have begun. I think I will re-send them a letter saying on such and such date, I requested a validation for charges that your company is trying to collect...you have not provided this. (and request again) I figure they never recevied the information from the original debtor or they couldn't validate it period. Either they were lazy or Providian could not or would not supply what I requested. thoughts?
I dont think I'd resend them a letter, as long as you have CRRR as proof, them continuing collection is a violation. Anyone correct me if im wrong
"Either they were lazy or Providian could not or would not supply what I requested. " -Or they dont have too respond
hiding 90 the other day, when you responded to this, there were links that you said I needed to check further. Can you reposts those please. I didn't have time to read and now they are gone. Monmarabs
can anyone else offer some advice then? The collection company sent me back the letter saying settlement, but the value is for the initial charges and overdrafts. Obviously they ignored my validation letter.
Technically they don't have to validate, they just can't continue to collect on the debt if they don't validate. Did you send your request for validation within the first 30 days after they sent the collection notice? Document all calls or mailings from them since the date they received your validation request. Each violation from them is potentially worth $1000.
how old? the fact that they offered settlement tells me this is out of SOL, and/or they can't validate. how much did they offer to settle for? some of the advice in this thread is 'iffy'. if you requested validation after the 30 day validation period, they can assume the debt is valid (even if its not) and they may continue collection activity without breaking any laws. if you requested validation within the 30 day window, they ARE violating. aside from all that, is this your debt? is it reporting correctly on your CR?
yes, I requested they validate the account and I requested a copy of the contract as well as an itemized list of all the charges. (I used one of the form letters from this site). They sent me back a letter that was basically the orginal form letter stating that the date of the letter was 4/16/04 and they were giving me 48 hours to call and make a settlement. In which I received the letter like on 4/24...I've been advised by a friend not to discuss with them anything on the phone our make any arrangements verbally that I should have things in writing. I can tell you all now, that the debt is valid but the original debt dates back nearly five years ago and because of late fees and what not, it is nearly 700$ over minimum balance. Sooo....their letter mentioned settlement, but they want to settle for the orginal debt of 1710 and pocket change. Should I re-contact them and offer an insanely low amount to settle the account, or wait until Providian contacts me again. I should note that I am not receiving phone calls to collect this debt and the letter was the only one I received from them.
Re: Re: validation letter, not validated ca Stop! Take a deep breath! Now smile....it sounds like you have them dead center in your sights. If you responded within 30 days if the initial notification, AND they continued with collection activity...they have violated the law. Probably the only position they can take is that the settlement offer and your validation demand crossed paths in the mail...although this could be a legitimate defense... I would outline their violations and send them (CRRR) a demand for payment of statutory damages.
Re: Re: validation letter, not validated ca was it within the 30 day validation period or not? this could be a violation depending on whether you requested validation in that 30 day period, and if you can prove (by looking at the date on your green card) that they received your dispute before they continued collection activity. When did they receive your dispute? just compare that with the postmark on the envelope they sent their settlement offer letter in. good friend. what dates back 5 yrs? the date of original delinquency? the open date? closed date? this makes a big difference. awe, how nice of them. I wouldnt. why offer them anything if this is out of SOL or can't be validated? they possibly now owe YOU money in violations. Is this on your credit report??? is it reporting correctly???
Re: Re: validation letter, not validated ca Stop! Take a deep breath! Now smile....it sounds like you have them dead center in your sights. If you responded within 30 days if the initial notification, AND they continued with collection activity...they have violated the law. Probably the only position they can take is that the settlement offer and your validation demand crossed paths in the mail...although this could be a legitimate defense... I would outline their violations and send them (CRRR) a demand for payment of statutory damages. And that's my two cents...where's yours...? ***I responded to their letter withing 30 days. I sent it certified mail. I received receipt back on 4/9/04 and the second letter came in on 4/24 to me but was dated 4/16. Excuse me if I seem a little lost but CRRR and demand payment of statutory damages? (I don't understand my rights here). This second contact I think was definitely deliberate and was certainly after they received my request for validation.**** Re: Re: validation letter, not validated ca crowmom | 567 posts since Jun 2003 209.248.46.158 | 05.03.2004 @ 10:51 quote: -------------------------------------------------------------------------------- Originally posted by monmarabs yes, I requested they validate the account and I requested a copy of the contract as well as an itemized list of all the charges. (I used one of the form letters from this site). -------------------------------------------------------------------------------- was it within the 30 day validation period or not? ***yes, it was within 30 days of the date that they sent me a letter*** quote: -------------------------------------------------------------------------------- They sent me back a letter that was basically the orginal form letter stating that the date of the letter was 4/16/04 and they were giving me 48 hours to call and make a settlement. -------------------------------------------------------------------------------- this could be a violation depending on whether you requested validation in that 30 day period, and if you can prove (by looking at the date on your green card) that they received your dispute before they continued collection activity. ***I SAVED IT ALL! Even my receipts. I have the second letter from them stating I needed to contact this within 48 hours of receiving the second letter. quote: -------------------------------------------------------------------------------- In which I received the letter like on 4/24... -------------------------------------------------------------------------------- When did they receive your dispute? just compare that with the postmark on the envelope they sent their settlement offer letter in. ***they signed for it on like 4/9/04. I sent it on 4/4/04*** quote: -------------------------------------------------------------------------------- I've been advised by a friend not to discuss with them anything on the phone our make any arrangements verbally that I should have things in writing. -------------------------------------------------------------------------------- good friend. *** :>) **** quote: -------------------------------------------------------------------------------- I can tell you all now, that the debt is valid but the original debt dates back nearly five years ago -------------------------------------------------------------------------------- what dates back 5 yrs? the date of original delinquency? the open date? closed date? this makes a big difference. ***date of the original contract and charges. the open date if you will...*** quote: -------------------------------------------------------------------------------- and because of late fees and what not, it is nearly 700$ over minimum balance. Sooo....their letter mentioned settlement, but they want to settle for the orginal debt of 1710 and pocket change. -------------------------------------------------------------------------------- awe, how nice of them. *** :>P I know right!*** quote: -------------------------------------------------------------------------------- Should I re-contact them and offer an insanely low amount to settle the account, or wait until Providian contacts me again. -------------------------------------------------------------------------------- I wouldnt. why offer them anything if this is out of SOL or can't be validated? they possibly now owe YOU money in violations. Is this on your credit report??? is it reporting correctly??? ***So, I've contacted them, they may have violated contacting me...what happens next?? I have not checked my credit. I am afraid to. I know this is a poor excuse, but I don't know.***
Re: Re: Re: validation letter, not validated ca oh my god, get your credit reports right now young man/lady!! what are you afraid of?! this is a must! you need them so you can find out the DOLA, or DOOD, as i like to call it, which is "date of original delinquency". that way you can figure out how close this is to getting past the SOL. here's a link to find out your state's SOL: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml you sent your dispute within the first 30 days, so you don't need to feel like you have to hurry up and 'do' anything right away. You've preserved your rights. now, it seems this account was opened 5 yrs ago, but when was it charged off? your credit reports will tell you this. also, check to see if your state requires CAs to be licensed/bonded. another link for that: http://consumers.creditnet.com/stra...hp?s=&threadid=26763&highlight=nanacs+notions if this was me, I'd write another letter, telling them they failed to provide you with proper validation. dont mention anything about continued collection activity. that way, maybe they'll do it again. get your reports and see if this is reporting correctly. chances are, something's inaccurate, and you can dispute it. if they verify w th CRAs, they've violated yet again. use these violations as leverage to settle things and get this off your reports. and by settling, I don't mean you have to pay them a dime. have you read all the "stickeys" at the top of this forum?
Re: Re: Re: validation letter, not validated ca oh my god, get your credit reports right now young man/lady!! what are you afraid of?! this is a must! you need them so you can find out the DOLA, or DOOD, http://www.creditinfocenter.com/reb...mitations.shtml ***I'm afraid to see just how bad it is. No excuse I know, but my husband and I really have no idea. When we purchased our home 7 years ago, we had such good credit, now I'm afraid of how we look...pitiful I know!**** you sent your dispute within the first 30 days, so you don't need to feel like you have to hurry up and 'do' anything right away. You've preserved your rights. now, it seems this account was opened 5 yrs ago, but when was it charged off? your credit reports will tell you this. also, check to see if your state requires CAs to be licensed/bonded. another link for that: http://consumers.creditnet.com/stra...=nanacs+notions if this was me, I'd write another letter, telling them they failed to provide you with proper validation. dont mention anything about continued collection activity. that way, maybe they'll do it again. get your reports and see if this is reporting correctly. chances are, something's inaccurate, and you can dispute it. if they verify w th CRAs, they've violated yet again. use these violations as leverage to settle things and get this off your reports. and by settling, I don't mean you have to pay them a dime. have you read all the "stickeys" at the top of this forum? ***I've tried to read most stuff, this is the only account that I haven't settled on. Everything else is back in good standing. I get confused. I am in Texas which ironically was just reported as one of the worst states for credit score...go figure! I'll start by ordering a copy of my credit report and history I guess*** ~~~~~~~~~~~~~~~~~ "The system itself is responsible for creating a portion of the risk it is designed to measure."(copyright, mitchra)
