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cach Interrogatories

Date: Thu, 01/15/2009 - 13:07

Submitted by anonymous
on Thu, 01/15/2009 - 13:07

Posts: 202330 Credits: [Donate]

Total Replies: 4


I'm in missouri and have been sued by cach for an old providian account that was a charge off back in 2005. sold to cach in 2006. They sent me Interrogatories that i guess I have to answer but some of the questions they ask. I'm basically helping them.

Did I open an account with providian
Did I sign the back of the card
Did I accept the card when it was mailed to me (I opened the account in 2000)
Did I made purchases on the account


I'm not denying I owned the card but I paid it off in 2005 with providian on my credit it shows it was closed by the consumer paid 2005 sold 2006 but it also shows bad debt charge off.

I don't have no proof that I paid it off which I have learned through this website I should request proof but that was 4 years ago.

How should I answer these without hurting myself they haven't been able to vaildate the debt either


I really don't remember that was somewhere back in 2004-2005. But the questions I have to answer basically make be admit I owe the debt but I don't. But if they do get a judgement they can't do anything I don't have a job I have no assets. Can't get blood out of a rock. I'm not going to willy pay some ca money that I already paid


lrhall41

Submitted by on Thu, 01/15/2009 - 16:07

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hiya--

the first thing to do is to contact providian--your credit report should have an account number on it. look at the providian entry on your credit report, have it handy when you call them. once you get them on the phone, ask them for information about the account. Explain to them that they reported the fact that you paid it off on your credit report, but then they sold it as a charged-off debt for some reason. They may not have any info, but its worth a try. you might even be able to get them to send you a letter stating that the account was paid off--that would dismiss this lawsuit all on its own, pretty much.

OK, if they cannot give you any information, then I would take that credit report, make a copy, and keep it as defense exhibit A to show that you paid it off.

Also, when you paid this off, do you remember what method of payment you used? If you used a check or electronic debit from your bank, then check wth them ASAP and see about getting that payment record from them. Banks are required to keep records for a certain number of years, so its possible that they still can get you what you need. In the end, remember this--it is not your resonsibility to prove the plaintiff's case for them. It is THEIR obligation.

let me ask you this--exactly how is the providian entry on your credit report written? Could you type it here so we can make sure of what it says? That way, if there is any misunderstanding there we can clear it up. Please--dont post up any private information or account numbers--I am only looking for the words they used to describe the status of the debt. In the end, if they did actually say it was paid, then they had no business selling this "debt" to anyone. And if thats what happened, then you need to hold providian accountable--that is fraud for them to sell a debt to a debt buyer by representing it as an unpaid collection account.

as for the interrogatories, what is the date you need to have that returned by? It would be very helpful if you could get this information to us and also check with providian, but I also dont want you to run out of time with the court either.


lrhall41

Submitted by skydivr7673 on Thu, 01/15/2009 - 16:19

( Posts: 2036 | Credits: )


I have court again 2/4/09. On my credit report it states
balance $0
date updated 5/2006
high balance $1,875
Credit limit $1,700
Past Due $0
Loan Type Credit Card
Remark Account closed by consumer
Est Date removed 12/2011
Pay status Charge of as bad debt
Account Type Revolving account
Responsibilty Individual Account
Date opened 1/2001
Date closed 12/2005
Date paid 5/2006

This is what my credit says from CACH
balance 1,307
date updated 12/2008
orginal balance 1,738
org creditor 08 wamu/providian
past due 1,307
loan type collection agency attorney
remarks place for collections
date placed in coll 6/2006
est date of removal 6/2012
pay status collection account
account type open
responsibitlly individual account

I did try to call providian but they had no record. Now they are washing mutual and the lady told me old accounts she wasn't able to pull up. I never had washington mutual I'm not sure when they switched.
I would have paid with either money or or my old bank account which I have no clue what the account # was would the bank be able to tell me.

One of my questions in the interrgy is they want my banking info. Well I don't have any and don't remember routing # or account# of old account I do know what bank it is. My husband has his own account in his credit union that my name is not on. I have no need to cash checks since I'm not working.


lrhall41

Submitted by on Thu, 01/15/2009 - 16:37

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