FDCPA HELP!!!!

[RICKY]

JERSEEE:


WASN'T THE CARD SERVICE CENTER IN YOUR VOD PACKAGE THE CREDIT CARD COMPANY, OR A COLLECTING AGENCY?& I'M NOW ASSUMING THAT IT WAS AN AGENCY, WHERETOFORE, I HAD THOUGHT IT WAS THE COLLECTING DEPT OF PROVIDIAN.


RICKY

[Jerseee]

Ricky,

Card Service Center was the debt collector for Providian. That is why I say that the VOD is old and I use the method I use now which is simpler and more cost effective.

But, with a VOD you would send it to the original creditor (which is what I did later).

The CRAs are the missing link in this whole process.

You really need to study FDCPA rules in order to get them to work for you.& If your letter says on it this is an attempt to collect a debt by a debt collector.& Or they are using the Banks/ Credit Card companies name and making it look as if they are collecting it for the bank, simply put they are third party debt collectors and the fight with some is not an easy battle. Providian is one of the easiet I have had. They are the type that know you can't afford it and give it to you anyway and charge out the XXX for finance charges.


Remember one thing if you were a bank wouldn't you fight?& That is the key you have to think what they are thinking in order to keep up.& I for one need all the help I can get I am being hammered in court and learned not to bother with county courts FDCPA belongs in Federal Court only.& I also understand it is not that easy to get the $1000.00 you are looking to get, the judges are now starting to just wipe your debt and with that we should be greatful I guess.& Sometimes you may get it or only a small part of it. They do have to pay your legal fees if you are found to be correct.

[sadie]

The original creditor is not subject to FDCPA but they are subject to the Fair Credit Billing Act and the Fair Credit Reporting Act.



Check out the FCBA 1666, 1637 maybe some other sections see what you can find I don't have it handy.



1666 refers to billing disputes but I think it's in 1637 that it mentions ANY inquiry must be treated like 1666.



Not sure if this fits this CPN process I don't know enough about it yet, but if you are demanding verification I would think it would come under this.



If there is a question then they can not close the account or pursue collections until it is resolved. And uder 1666i they cannot collect if they haven't resolved.



Suggest you check it out directly and get the exact wording of the sections.



When you file your complaint you may be able to reference this.



Have some fun and put it back on them.



Whoever calls- Before you answer anything -demand their name, home address, ss#, position and bank address for the office they work in. Tell them you will need this to properly identify them when you file your complaint ( if you are real bold, you could also throw in you need it in case they may need to be summoned) Then tell them you will be recording the conversation.



Unlikely they will want to continue the conversation.

I think there is some info in the downloads about handling telephone calls.



Suggestion about filing the complaint. The FTC and ATty Gen. and many other consumer complaint depts have online short forms. It may be faster that way but I send a letter so I have a copy for my records in case I need it for anything later. I have been sending them certified mail but haven't asked for return receipt as I really just want proof I sent it.



Hope some of this may be helpful.