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want to settle account

Date: Sun, 02/22/2009 - 18:08

Submitted by anonymous
on Sun, 02/22/2009 - 18:08

Posts: 202330 Credits: [Donate]

Total Replies: 18


Hi
I have an account on my credit report for Portfolio Recovery Assoc. for a credit card from Providian. I have not been contacted about this debt in over 3 years. I do owe it, but want to settle it and get it over with. It says I owe 13,000. I was thinking about calling them and asking what would they take, then getting them to send me it in writing so i could send a cashiers check. Is this a good idea?


I live in Virginia. I haven't paid on it in about 3 years now. Its on my credit report and I need to do something with it. I haven't heard from them in about 2 years. Thats how long they have had it and still have it, according to my credit report. no letter in the mail or calls... nothing. Please let me know what I should do, I want to get rid of it somehow....

thanks!


lrhall41

Submitted by on Mon, 02/23/2009 - 08:32

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Well Providian no longer exists its now part of JP morgan chase as washington mutual went under. As far as what I'd do it would depend on what exactly your employer is saying to you and what maybe a lawyer would say. With all the bad debt out there (being a collector for capital one) Credit is in need of an overhaul. I wouldn't call them, or contact them on your own. To be honest though if my employment was at risk I might ask a lawyer what to do.


lrhall41

Submitted by on Mon, 02/23/2009 - 20:13

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Statute of limitations in Virginia is 3 years on credit card debt. If it has been more than 3 years since the last payment was made then they cannot sue you by law. If they do, you can counter-sue them and have their case dismissed.

Paying on this at this point will do nothing but make your life a living hell. This company is a bottom feeder and if you make a payment or have an agreement in writing, it may re-start the SOL and they will sue you for a lot more than you owe.

Do not pay them a dime. If they contact you, send them a cease and desist letter stating the SOL has passed, the alleged debt is time barred and you want all contact in writing and by phone to stop.

As far as your credit report, you could just try to deal with it until you are positive the SOL has passed. Then you can dispute the entry on your credit report. If you get anything in the mail then you send a debt validation letter. There is probably no way you could get that account removed by paying. They will try to keep it on there for as long as they own the debt and as law allows.


Don't pay them a dime if it is time barred. Sorry I really have to stress that with a company like that one.


lrhall41

Submitted by pokertramp on Mon, 02/23/2009 - 20:43

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Dispute it with your credit report as not your account for the debt collector. If it doesn't get removed then you will most likely get something in writing from them. Either way send a debt validation letter and wait 60 days. If you get nothing then dispute it again on your credit reports and it should be removed. If not then you can sue them.

Also, if your employer is viewing your credit report every few years, I do not think that is legal. I think they need your permission to view it. Furthermore seeing as you are already employed I don't think there is nothing they can do to you because you have bad credit.


lrhall41

Submitted by pokertramp on Tue, 02/24/2009 - 17:54

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Well now you will find out eactly what Chase's (Providian is part of chase now) agency it sold the debt to wants to do or can do with the debt. If the SOL in our state is 3 years and they haven't touched it in 3 years then you should be fine. I didn't think to ask this before why is your employer looking at your credit still? Do you work for a financial intitution or as a fiducuary (Insurance agent or someone regulated by our SCC) Even then I'd make them supply me a copy of what they got if they got an actual report.


lrhall41

Submitted by on Wed, 02/25/2009 - 08:07

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they want your credit fixed? ok apparently your boss has been living in a cave for the past 6 months to 2 years depending on when you noticed the economy going to crap. I empathize with the people I collect from. Some parts of the country are in dire destress (midwest...ie detroit..Florida and California) those seem to be the hardest hit right now. I still advocate that you don't pay the collection agency, if they sue you get a lawyer or good advice from one then decide what's right for you. Guilt seems to be a driving factor for you right now 3 years ago I might have said pay it but what the heck 3 years and no contact so sorry Collections you lose. (when I say pay it I meant the original debt holder not the agency)


lrhall41

Submitted by on Wed, 02/25/2009 - 22:16

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