aherlocher
Junior Member
Feeling helpless - Judgment on 4 year old paid account
What is the name of your state? NY
OK.. here is the abridged version of the story. If anyone has any advice or can help, I will post a more thorough version.
Early on in our relationship, my wife and I got into credit problems... don't we all. Anyway, we cleaned up, came to settlement agreements with all of our creditors (or their collection agencies) and paid them off. One of these was Providian National Bank.
In June 2001, we paid the creditor that Providian had sold our account to via a check by phone. The account was satisfied and all should have been well. However, that was apparently not the case. Providian resold our account in Dec 2001 to Unifund. I don't know if Unifund tried to collect from us or not, or how they might have tried.. we never got any further notices in the mail or this would never have happened.
Within a year or two, Unifund sold our account to Colorado Capital. Colorado Capital hired lawyers Golden Wexlar and Sarnese (who made three inquiries on my credit history) and finally sued us in June 2004. Because we did not know about the lawsuit, the were able to get a judgment against us roughly in the amount of $1500. We discovered this after I was turned down for a credit card in Feb. 2005.
During this three year period we did pull our credit several times and had several different run-ins with Providian about their inaccurate reporting. We did not know that they had resold our account because 1) they didn't mention it in the times we spoke to them and 2) Unifund never showed up on the credit report at all. In 2004, we were going to try for a mortgage and were told we would not qualify for either a traditional or FHA. Upon pulling our credit we find Colorado Capital listed as in collections. We again called Providian, sent them documentation showing them that the account was settled and closed and were assured it would all be taken care of.
Now I have a judgment on my credit history and it seems as though it will be a 6 month to a year ordeal to get it removed. We have filed complaints with the BBB and the OCC, sent letters to Providian and the Providian Board of Directors, everything that we can think of. Providian acknowledges the error in selling our account after it was paid. Initially, they tried to blame it on me, but I carefully illustrated why it could not be my fault. Now they have told me twice that the judgment has been vacated, but upon calling the court today I find that to not be true. I then called Golden, Wexler and Sarnese and they tell me that they sent a letter April 7th and that the court is backed up, at least 60 days behind.
Now that I have returned home from work, I find a letter from Rochester City Court saying documentation that I had sent trying to get this judgment removed was not sufficient and that I would have to get a lawyer and file a motion to vacate. I do not even know if that means the letter coming from Golden, Wexler and Sarnese is not going to be sufficient and no matter what I do, I will end up having to go to court for something that is not even my fault.
At this point, if I go to court I want to sue Providian. They have caused me untold damages at this point, starting with being denied for credit. I have also mysteriously not heard back from several jobs I applied for during this time frame.. jobs I am well qualified for. I understand that public records are something that would show up in a background check for employment. Since I didn't know it was there until earlier this year, I never disclosed the fact that I had a judgment to any interviewer.
I would like to know if it is possible for me to sue for damages and if there is a lawyer out there who would be willing to work with me. I have documentation showing multiple attempts over the course of the last three years to get Providian to accurately report my credit history. I have all the documentation from this latest back and forth with them too..
Any advice, assistance, direction, anything would be welcomed.. I am so furious right now I feel like I am going to pop.
K Herlocher
What is the name of your state? NY
OK.. here is the abridged version of the story. If anyone has any advice or can help, I will post a more thorough version.
Early on in our relationship, my wife and I got into credit problems... don't we all. Anyway, we cleaned up, came to settlement agreements with all of our creditors (or their collection agencies) and paid them off. One of these was Providian National Bank.
In June 2001, we paid the creditor that Providian had sold our account to via a check by phone. The account was satisfied and all should have been well. However, that was apparently not the case. Providian resold our account in Dec 2001 to Unifund. I don't know if Unifund tried to collect from us or not, or how they might have tried.. we never got any further notices in the mail or this would never have happened.
Within a year or two, Unifund sold our account to Colorado Capital. Colorado Capital hired lawyers Golden Wexlar and Sarnese (who made three inquiries on my credit history) and finally sued us in June 2004. Because we did not know about the lawsuit, the were able to get a judgment against us roughly in the amount of $1500. We discovered this after I was turned down for a credit card in Feb. 2005.
During this three year period we did pull our credit several times and had several different run-ins with Providian about their inaccurate reporting. We did not know that they had resold our account because 1) they didn't mention it in the times we spoke to them and 2) Unifund never showed up on the credit report at all. In 2004, we were going to try for a mortgage and were told we would not qualify for either a traditional or FHA. Upon pulling our credit we find Colorado Capital listed as in collections. We again called Providian, sent them documentation showing them that the account was settled and closed and were assured it would all be taken care of.
Now I have a judgment on my credit history and it seems as though it will be a 6 month to a year ordeal to get it removed. We have filed complaints with the BBB and the OCC, sent letters to Providian and the Providian Board of Directors, everything that we can think of. Providian acknowledges the error in selling our account after it was paid. Initially, they tried to blame it on me, but I carefully illustrated why it could not be my fault. Now they have told me twice that the judgment has been vacated, but upon calling the court today I find that to not be true. I then called Golden, Wexler and Sarnese and they tell me that they sent a letter April 7th and that the court is backed up, at least 60 days behind.
Now that I have returned home from work, I find a letter from Rochester City Court saying documentation that I had sent trying to get this judgment removed was not sufficient and that I would have to get a lawyer and file a motion to vacate. I do not even know if that means the letter coming from Golden, Wexler and Sarnese is not going to be sufficient and no matter what I do, I will end up having to go to court for something that is not even my fault.
At this point, if I go to court I want to sue Providian. They have caused me untold damages at this point, starting with being denied for credit. I have also mysteriously not heard back from several jobs I applied for during this time frame.. jobs I am well qualified for. I understand that public records are something that would show up in a background check for employment. Since I didn't know it was there until earlier this year, I never disclosed the fact that I had a judgment to any interviewer.
I would like to know if it is possible for me to sue for damages and if there is a lawyer out there who would be willing to work with me. I have documentation showing multiple attempts over the course of the last three years to get Providian to accurately report my credit history. I have all the documentation from this latest back and forth with them too..
Any advice, assistance, direction, anything would be welcomed.. I am so furious right now I feel like I am going to pop.
K Herlocher
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