Oh MY GOD!
Date: Tue, 08/14/2007 - 10:01
On Thursday August the ninth I received my first call from Marshall and Ziolowski, They began the conversation by stating that Providian Visa is suing me. I was surprised because Providian Visa did not sound familiar to me. Come to find out. It was a credit card I applied for when I was 18 years old. It had a 300.00 limit, and apparently I never paid it off. This may have some merit of truth although I am not sure how much as I was not good at keeping records in my younger years. She went on to name call and accuse me of fraud. She said I defrauded the company and they were going to sue me for the worst kind of fraud, insisting I would never be able to get credit in the future If I did not clear up the matter of the now 2800.00 balance. I asked her why I had heard Nothing of this in the past 7 years, she said it was my responsibility to check my credit reports. I became upset and asked her for her name, as I knew that the way she was speaking to me cwas not lawful in any way. She refused to give me her name, I asked 3 times. I also asked for the spelling of the company she worked for and she also refused to give me that information as well. She hung up on me so I called back and asked to speak with her supervisor. She then told me I was being recorded, and of course COMPLETELY changed her tone to a semi agreeable manner, while I look like a nut for being so upset. She lied numerous times during the recordining, insisting I never asked her name and she accused ME of being the one that was lying. Furious, I hung up, I thought to myself no company this unprofessional could possibly go through with their threats of taking me to court.
Later, I started to worry that maybe in some legal loop hole they may be able to accomplish their goals so I called back, and someone else answered. His name was Mike Risers he again claimed they were a law firm and that the lawyers he worked for would not compromise their bar licenses by running a bad business. He insisted that he could clear my debt with 100.00 today (over the phone checking information) and 600.00 by the first if the month. This is laughable at best. I am a single mom and college student, recovering from a serious illness, I do not have that kind of money. When I tried to explain that to him and request a payment plan, he became just as nasty as the first person I spoke with. Spouting threats and calling me names, telling me I needed to borrow the money from someone. He also reacted this way when I refused to give him my checking information over the telephone. I had no sort of proof this company was legit. I was NOT going to share my personal information under any circumstances. I asked for something in writing. He said he would send me an email in two hours, and If I did not call back before 9:00 with my checking info they would prosecute me to the fullest extent of the law. I never received an email. I did a little online research and found Nothing about the firm accept claims they were NOT a law firm at all. And, a forum with complaint after complaint of mistreatment and pending law suits.
Today, they phoned again. I asked why the email was never sent. And at this point an email is not good enough. I wanted proof in writing. I asked the man Ross was his name, to please send my a letter in writing by mail. He insisted that four previous letters had been sent. Which is a lie. I have received nothing from them at all ever. As a matter of fact during the first conversation I had with the woman I spoke with initially, she said it was my responsibility to check my credit reports, she did not claim to have notified me at all when I asked why this was the first I was hearing of this issue. Ross insisted that they could not mail me anything, and that I needed to go to a fax machine to receive a fax? I refused, and asked once again for something in writing. He again refused. I am not sending money to a business that refused to notify me by mail, lies over the telephone, and has numerous horrible reviews on the internet. I am not even sure they are an actual company? I feel like a victim of fraud, or like I am involved in some sort of scam? They are very good at making you feel inferior and like you have no rights. When I would ask for something in writing or question their legitimacy, they would become abusive and angry, saying they were doing me a favor and I had no business questioning their integrity. I have still yet to receive an email even though Ross insisted that one was sent. I feel like they are intentionally making me out to be a lair.
Bottom line. I do not feel comfortable dealing with this company. They have proven to be completely unprofessional, rude, abusive, and shown themselves to be liars. And if somehow they can take this matter to court, I plan on fighting as hard as I can, to prove their dishonestly.
Well first of all i'm pretty sure that if it's been 7 years sinc
Well first of all i'm pretty sure that if it's been 7 years since any kind of activity on this has been made, it's well over SOL! I'm thinking they will not sue you but just in case they do, u can use statue of limitations as defense!
You need to check your credit report to see if this is indeed on it and dispute this with bureau!
Good Luck and keep us posted and plz feel free to ask any questions you may have... I'd send them a cease and desist letter and be done with them!
Much Luck,
Ang
Have you applied for credit since the providian card? If so, sur
Have you applied for credit since the providian card? If so, surely it would have shown the default, if there was a default. It sounds fishy to me that a company would call out of the clear blue after 7 years. Certainly the SOL is out. I wouldn't send them a penny or give them my personal info until the debt was verified.
This sounds like an account on which the SOL has run and they're
This sounds like an account on which the SOL has run and they're just trying to push you into paying. If the keep saying Providian, then it's probably a junk debt buyer, because I believe that Providian no longer exists (it was swallowed up by Washingtom Mutual). By law, the should send you something in writing within five days of first contact regarding the "debt". Record the calls if legal in your state. Don't pay a dime until you find out your state's statute of limitations on such accounts. The man you spoke to is wrong, lawyers like that "compromise" their law licenses every day by doing dodgy business.
Here is some contact info I took off the BBB website. They are
Here is some contact info I took off the BBB website. They are based out of Buffalo. Are you in NY?
Marshall and Ziolkowski Ent LLC
8201 Main St Ste 10
Buffalo, NY 14221-6046
(716) 635-6180
(800) 690-6293
(716) 692-4662 (FAX)
I just did more digging. These guys ARE NOT attorneys...at leas
I just did more digging. These guys ARE NOT attorneys...at least not according to the NYS Bar Association. I Googled them too and they have been sued LOADS of times.
Be careful...get everything validated...make sure you check your report, but definitely file complaints to the NYS Attorney General and FTC.
Nah, bud isn't rich. But he did sleep at a holiday inn last nigh
Nah, bud isn't rich. But he did sleep at a holiday inn last night.
You guys are too funny. I just love it when these people leave
You guys are too funny. I just love it when these people leave rude comments as guests. Like anyone takes them seriously.
ladybug
For Melissa
Hi Melissa,
First, stay off of the phone. You must document everything via the mail in order to protect your rights.
Now that you have an address for this particular bottom feeder, you need to send them a letter demanding that they validate the alleged debt.
Quote:
"Dear Bottom Feeders, I dispute any and all claims by your company in regards to any and all alleged debts in my name. According to the fdcpa 15 USC 1692g Sec. 809 (b), you are required to validate this alleged debt. Do not send me a generic print out containing false information. The Federal Government requires you to fully validate all alleged debts. Please note that I will file complaints with my state Attorney General, your State Attorney General, the FTC, and any and all regulatory entities as needed. Finally, it is inconvenient for you to contact me through telephone at any time, place, or setting. I will only accept communications via the USPS. Melissa." |
Be sure to send your letter via Certified Mail/Return Receipt Requested. That green card will be your legal proof that you demanded the bottom feeder to work within the law, and help you if this becomes a court action. Please send your letter within 30 days of their first phone call to you (by Sept 9th, yes?) in order to protect your rights.
You are dealing with one of the Buffalo firms. Buffalo is not known for collection firms that follow the law. If you have questions further, consider contacting a lawyer through legal aid or another vehicle -- especially if this alleged dealt may have occurred over seven years back as it may be beyond Statute of Limitations (check your state sol's), that will give you added protections if they choose to write back with some sort of fake validation.
Remember, stay off of the phone.