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Summons received today

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cocashonly

Junior Member
What is the name of your state? Colorado

Providian credit card sold to emerge in 2002. Was only emailed notification of change in ownership. Given service e-mail and told that account number, online access, etc. would stay the same. Never re-gained access to the account. Received "account information not found" messages both online and in phone support/customer service from both Providian and emerge.

Wrote letters, etc. requesting information and statements and access to pay bill. Never received. Kept getting "account information not found" messages. Eventually, they found enough information to report negatively to the credit reporting agencies, but never showed complete account number on credit report. Without acct. number no one could find my information. Whatever.

Only communication i receive after 2 years in a collection letter from an attorney's office fronting as a collection agency. I send letters requesting verification of the debt. Receive a computer print out of account number and transactions (in the last 2 years only transactions are late payment, overlimit and past due fees.) Again, request verification. Nothing.

Today received summons from a totally different attorney representing a different collection agency summoning me to Court in February for a case with no case number (hmm?).

I tried, with due diligence to pay as agreed. Providian didn't hold up there end by supplying the credit card statements. Fair Credit Billing Act says they must provide a statement within 14 days of receipt of new address if you send them change of address. They changed their address, no me.

What gives? Any ideas for recourse? Looking for attny to contact on Monday, I'm fighting this one to the end Providian is the worst predatory lender out there!

Thanks!
 


caliber

Member
Keep up written requests for verification

They have to provide verification within 30 days(I believe)...if you formally write to them stating such.
verification
http://dictionary.law.com/default2.asp?typed=verification&type=1
n. the declaration under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document. A typical verification reads: "I declare under penalty of perjury under the laws of the State of California, that I have read the above complaint and I know it is true of my own knowledge, except as to those things stated upon information and belief, and as to those I believe it to be true. Executed January 3, 1995, at Monrovia, California. (signed) Georgia Garner, declarant." If a complaint is verified then the answer to the complaint must be verified.

Whack them all with written requests and demand they cease and desist collection activites prior to validation under oath(verification) of the purported debt. The complaint may be used against them under FDCPA. Computer printouts and statments don't cut it. You just have to raise the appropriate agrument.

Keep up with your due diligence and individual governance.
 

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