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Sub: #1 Providence Dane, LLC
Replied on 06-16-2008, 03:56 AM
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Ok,

Here's my tale of woe... Back in the day I had a lame boyfriend who didn't work. I ended up paying the rent three times on my Chase credit card before I dumped him and moved out of state. I didn't get a job or find a decent situation for quite some time and it went into collection and what not. Somehow a $2000 credit limit turned into a $3800 dollar bill. So now apparently an attorneys office has it. They told me I had to make 3 payments of 1200 immediately or they'd sue. I told them that was impossible and now based on some curse of luck I went to my fathers house and saw a letter from them containing a warrant of debt. The trial date is set for the end of july. I'm terrified. I've been paying the original creditor $25, 50 bucks every chance I get through bill pay and have yet for one to come back to me. Can this collector honestly win the full amount? I could pay the collector much larger sums of money now but it's like if they don't get their money in huge quantities right now.. then they're not willing to listen. What can I do? Should I talk to the collector again? I don't mind paying this at all! I just need like 6 months... although i hate the fact that over half of this debt is fees... please advise! Thank you!

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Sub: #2
Replied on 06-16-2008, 05:08 AM
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What state do you live in?

When was the last time you paid on this account?

I can't find anything on the company you mentioned, it may be a fake.

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Sub: #3
Replied on 06-16-2008, 06:19 AM
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VA
3 weeks ago to the original creditor
This is the number he includes in his emails... Toll Free 866 540 4656.

He said my new total is $4230 with their fee added. This is ridiculous. Over 2000 dollars just in fees alone. I don't want to go to court, but this guy is really lame and not interested in anything else but getting his money.

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Sub: #4
Replied on 06-16-2008, 03:53 PM
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I can't find a single thing on this company. You might want to call your secretary of state to see if they are a registered corporation.

I did call the number for you and it gives about 5 first names of people. I find it odd.


Please give me any information from the letter that you can, a first and last name an address anything. I will look for you.

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Sub: #5
Replied on 06-16-2008, 04:27 PM
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OK the only thing I could find was a crapload of lawsuits in Virginia Providence Dane LLC attorney is David Ashe esq.

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Sub: #6
Replied on 06-16-2008, 07:15 PM
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Contact Chase and make sure that they are receiving the payments. If they are then ask if they have hired the attorney.

Do you live with your father?
How did he get the letter?
Was his address ever your address?
Do you to live in the same court jurisdiction?
Did you check with the court to see if this was a VALID "warrant"? Generally a court date is set after you have been served a summons and had a chance to reply.

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Sub: #7
Replied on 06-17-2008, 04:18 AM
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Yeah, I spoke to David Ashe via email. He seemed nice but when I told him I couldn't make 3 payments of 1200- he was like, well too bad.
I don't live with my father, but it was my address at one point. No, i'm no longer in that court jurisdiction, but it's not that far away. I checked the courts website, and my name is definitely on it. So i'm screwed. I'm not sure what to do! No, Chase sold off the debt to this gentlemen...

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Sub: #8
Replied on 06-17-2008, 04:32 AM
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That's why it's best not to have anything (including assets) in your name. I don't own anything of any real value. They cannot take anything if you have nothing. Especially if you are not working. They cannot take anything from me, however, I would not want to deal with the collections attempts and court. Luckily, I owe nothing, except what I am making payments on.
When you got nothing, you got nothing to lose. (song lyric to some song)Like a Rolling Stone-Bob Dylan.

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Sub: #9 reply
Replied on 06-17-2008, 04:55 AM
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indebted,did you save that e-mail?that could serve you well.you see if or when this goes to court bring all e-mails.i don't see how the judge won't let you set up payments with your emails asking for them.
chances are,the judge could set up a payment plan for less than the three at 1200.00.

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Sub: #10
Replied on 06-17-2008, 05:00 AM
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I'd like to take care of this out of court, but at the same time it may be a benefit since fees on credit have become such an escalated issue. The judge may wipe some of it off. Do you think I should contact David Ashe and try to resolve this again?




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Send message to paulmergel
Sub: #11 reply
Replied on 06-17-2008, 05:01 AM
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can't hurt,just save the emails and inform him you are doing this.that might help him be more resonable.

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Sub: #12
Replied on 06-17-2008, 05:22 AM
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The other thing I wanted to ask though is that I thought if you were paying the original creditor, then a CA can't claim the same debt? can someone explain that to me?




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Send message to paulmergel
Sub: #13 reply
Replied on 06-17-2008, 05:26 AM
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they can claim the same debt,but can't add any additonal fees like they are trying to do to you that is why if it goes to court you can request validation during the discovery phase.that is the very first part of the court action.

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Sub: #14
Replied on 06-17-2008, 05:51 AM
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Quote:
The other thing I wanted to ask though is that I thought if you were paying the original creditor, then a CA can't claim the same debt? can someone explain that to me?
If the OC still owns the debt, then the payment will be credited against the account, and the collection agency will be forwarded its commission.

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Sub: #15
Replied on 06-17-2008, 06:32 AM
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Oh I see. Well, darn. I was hoping that was a loop hole of some kind. Additionally, the only paperwork they've provided me (via email) was a signed paper that they owned the debt... but that was it. No info from the original creditor or anything. What's odd also is that he said my total was 4200 with their 6 percent added fee from purchasing the debt, but on the court papers, i'm only being sued for 3700.

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Sub: #16
Replied on 06-17-2008, 08:06 PM
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Contact the court and have the case dismissed because of improper venue. They have to sue you in the court jurisdiction that you live in.

Also send them a debt validation letter and make them prove that the debt is legally theirs and that the extra charges are legally permissible.

I know you don't want to be difficult but you also don't want to pay what you are not required to.




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