Providian collectors calling parents' home

EdgarW · #1 06-07-2005, 07:22 PM

One or both of Providian's henchmen collectors (West Asset Management and/or ICS System) have been psycho-calling my parents in Memphis, TN (I live in the Atlanta, GA area), about my disputed accounts with Providian. My father is Senior, and I'm Junior.

I have sent them each a "put-up-or-shut-up-letter" which specifically directed them not to call me, but it appears they are fishing for other ways to contact me.

I've attached a copy of a proposed joint letter to send to them. Any comments would be appreciated:

Quote:

Re: Violation of the FDDCPA § 804 [15 USC 1629b]

To Whom It May Concern:

It has come to my attention that one or both of you have been repeatedly calling my father in Memphis, Tennessee, about the disputed account(s) you are handling for Providian. One or both of you have specifically mentioned the disputed account(s), which disclosure is a clear violation of § 804(2) of the FDCPA, to wit:

Quote:

§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

. . .

One or both of you have overstepped legal bounds in your fishing expeditions to further contact me. My address has not changed, and my directions to you to cease calling me have not changed. Your actions are clearly outside the scope of lawful conduct, has distressed my parents, and has embarrassed me within my family. You are directed to cease all communication with me and third parties with respect to the disputed debt(s). Your failure to cease this illegal behavior will cause me to report you to the Federal Trade Commission, the Attorney General of the State of Georgia, and the Georgia Office of Consumer Affairs.

Govern yourself accordingly.

Best regards,

EdgarW

Ice · #2 06-08-2005, 09:26 AM

No need to mention that they are calling your parents. Use names instead of designating your relationship with those being called by the collector(s). This may cause the collector some alarm and have them questioning whether or not they are actually calling someone related to you or some other party. I'm sure they can figure out it is your parents... but why admit that? Make them work as hard as you can ... make them spend the money so that it becomes more of a burden to collect than it is worth.

Ice

EdgarW · #3 06-08-2005, 09:36 AM

Ice,

Brilliant suggestion! Thanks!

Best regards,

EdgarW

seeker · #4 06-17-2005, 02:00 PM

But I'll say it again -- check the budhibbs.com site to see if the bloodsuckers are listed on his hit list -- you could learn a lot about them there!

Seeker

EdgarW · #5 06-20-2005, 01:49 PM

Hi, Seeker,

Indeed, the collection agencies that Providian hired are on the budhibbs.com list. That's how I found their fax numbers to send my "put-up-or-shut-up" letters requesting contractual proof of their claims. Speaking of which, this weekend I received two letters from Providian I'd like to share:

Quote:

June 8, 2005

Dear XXXXXXXXX,

Thank you for contacting us regarding your Providian Visa account. This letter responds to your most recent correspondence requesting validation of your debt. Our records indicate that we have already provided sufficient documentation confirming your debt. If you wish to dispute a specific amount, please send the appropriate documentation for the line item you are disputing.

We will ask the credit reporting agencies listed below to mark your Providian Visa account as "Disputed by Customer."

[Equifax Address]

[Experian Address]

[Transunion Address]

You will continue to receive monthly statements and continue to accrue finance charges and any applicable fees until your account is paid in full. If you have any further questions, or if you have not received the documentation we sent, please call us at 1-800-356-0011.

Sincerely,

[No Signature]

Correspondence Department

CORR19

I never requested Providian to provide the validation; I instructed the CCA to perform the validation. Apparently, the CCA send the account back because they realized my "put-up-or-shut-up" letter had teeth. Moreover, the "sufficient documentation" was never provided by either Providian or the CCA.

Here's the amusing part. The second letter I opened this weekend stated the following:

Quote:

Dear XXXXXXXXXXXXXX,

In response to your request, enclosed are the document(s) that we have located. If you have any questions or concerns, feel free to contact us.

Our Customer Services Representatives, blah, blah, blah.

Sincerely,

[No Signature]

Document Retrieval
Arlington, Texas 76096

There were no documents enclosed with the letter. Sheesh, what morons.

Best regards,

EdgarW

#6 06-20-2005, 03:04 PM

Ice is dead on in not giving them any info. AT ALL.

A friend on this board sent me this letter, and I just sent it off to a very aggressive debt torney. I haven't heard from them since.

Here it is:

seeker · #7 06-20-2005, 04:05 PM

I think the CCC is trying get you to admit or re-contract .. I would continue my focus on the CA -- and ask them to provide the certified documentation of their claim -- who are they? Did they purchase the debt? if is, where is the contract? Do they represent Providian? If so, where is the contract? What are the parameters? If they do, where is THEIR contract with you?
You get the idea ...

Make sure you use a notary acceptor so that you can document any response thru a third party -- and give them a time limit. Tell them you want CERTIFIED copies signed by a living soul, not just some copy of a copy.

Seeker

EdgarW · #8 06-21-2005, 02:20 AM

Quote:

Originally Posted by seeker

I think the CCC is trying get you to admit or re-contract .. I would continue my focus on the CA -- and ask them to provide the certified documentation of their claim -- who are they? Did they purchase the debt? if is, where is the contract? Do they represent Providian? If so, where is the contract? What are the parameters? If they do, where is THEIR contract with you?
You get the idea ...

Make sure you use a notary acceptor so that you can document any response thru a third party -- and give them a time limit. Tell them you want CERTIFIED copies signed by a living soul, not just some copy of a copy.

Seeker

Seeker, you just outlined the strategy I follow in my "put-up-or-shut-up" letters. "Show me the contract; otherwise, go away."

Best regards,

EdgarW

seeker · #9 06-21-2005, 03:54 AM

When they actually do that!! Good luck to you!

Providian should be an easy target. dreg up that law suit the Feds filed against them and the violations they got slapped with -- I am sure they do not like to be reminded of them. They were the subject of the PBS special re credit -- there is a link in SJ somewhere -- I think Vanton posted it -- should give you a little more ammo -- but if you are not dealing with them directly, hopefully you won't need it!

Seeker

EdgarW · #10 06-23-2005, 11:52 AM

Providian has called before on May 3 and May 9. Each time I directed them not to call the number. I received another call today:

Quote:

Caller:XXXXX XXXXXX, please.

Me: Who is this?

Caller: Joe from Providian.

Me: Hello, Joe from Providian. Do you have a last name?

Caller: [Unintelligible].

Me: What is your last name?

Caller: What?

Me: Do you have a last name?

Caller: [Unintelligible].

Me: Spell your last name.

Caller: What?

Me: Spell your last name.

Caller: G-R-E-E-N.

Me: Okay, Joe Green, where are you calling from?

Caller: Providian.

Me: No, what is your location?

Caller: India.

Me: Joe Green, from India! Bulls****! This is your third notice that you are not to call this number. Goodbye.

Why people let these bozos intimidate them is anyone's guess. I suppose it's time to send my complaint with telephone call logs to Georgia's AG.

Regards,

EdgarW