Should I Worry About Being Sued!
Date: Sat, 08/12/2006 - 07:45
I made one of the payments, but then ran into some problems, and was not able to make the next two, but made partial payments through money orders. Contacted their office and was told again (by a legal assistant - have never spoken to an attorney from their firm) that "she was in the room with the attorney reviewing my file for filing a lawsuit this week". She said I had until the following Tuesday to come up with the balance. Again, upset and in tears, I tried to find a way to come up with the balance, but could not. I contacted the lady the next day, and again under stress, made arrangements for a large amount to be deducted from my account every two weeks. I've made three payments so far, but it's causing me further financial hardship to pay my other bills.
I know I've probably done this too late (because I've never dealt with a CA before), but I decided to research and found all this information about their office and the different scare tactics used. Also when I looked at the details of the drafts from my account and the letters they sent, I'm finding that: the letters from their office stated the original creditor is Providian, the representatives from their office state they are calling about my Providian account, the money orders that I had sent, they told me to make them out to Providian (which I wonder how they cashed); however, when I look at the drafts that were deducted from my checking account, they are made out to the Law Offices of Harold Scherr, deposited into an account for Collect America, but when I review a recent letter (April), within the body of it, it states they represent Arrow Financial (even though letters prior to that and after that make no mention of that company, but still refer to Providian as the original creditor). I don't know who I'm paying.
My question is do you think they have a case to file a lawsuit against me if I tell them that I can no longer pay the amount that is being deducted, but will send them smaller payments. I have all the original letters stapled to the envelopes from them, copies of the drafts taken from my accounts, copies of the money orders, and a phone log/journal of calls. I don't know if I'm assuming too much if I think that they are not going to go to the expense and hassle, because I am making payments, and that a judge may look and see that I've been making payments and feel that they are just being greedy and tell them to be patient. I don't know. Any advice would be helpful. Thank you.
Hi Don't be stressed. Did this CA validate the debt before yo
Hi
Don't be stressed. Did this CA validate the debt before you made the payment arrangement?
You are doing the payments during tremendous financial stress but do you know whether the money is actually getting posted towards your account for which the CA is collecting. You should have taken the validation information from the CA in the very beginning specifying that they are collecting for such and such account. There should not have been a mix up of accounts now.
The CA gets the legal stand in the court when they can prove that you were completely ignorant about your responsibility and avoiding the payments intentionally. This is not the case. Before they take the matter to the court, they must come up with the legitimate details of the debt they are collecting for. Since you are still not sure about this company collecting for, get in writing that they are posting your money towards your debt account. Ask them to send you the statement of it. You are keeping a written track of everything, so you must have the details of your payments posted also.
when ever you defaulted on the card you racked up several late a
when ever you defaulted on the card you racked up several late and intrest fee's before it finally charged off. Which is why the amount is much larger.
Yes, they can sue you but they can not tell you that unless they are actually planning on going through with it. They aren't supposed to bluff.
I would contact providian as well as send in a debt validation request.
Providian will sell your account to arrow financial services. Wh
Providian will sell your account to arrow financial services. When satisfactory arrangements aren't made with them (which isn't an easy thing to do) they will refer it to a law firm in your state that can get a judgement against you and eventually (try to at least) garnish your wages. You need to try to do what you can to get this paid or at least try to make arrangements with someone. But I would follow the advice that you've already been given and make them validate the debt.
Thanks everyone. When I called Providian customer service, it s
Thanks everyone. When I called Providian customer service, it says my account has been sold to Arrow Financial and then gives a phone number to call. I guess that means that no payments are going to Providian, which still leaves me wondering how Scherr's office is able to cash the money orders made out to Providian, but also how Collect America is connected to Arrow Financial, since the drafts from my checking account are being deposited into a Collect America account at a Vectra Bank.
Don't allow the CA to mess up your account. You are already doin
Don't allow the CA to mess up your account. You are already doing the payments. All you are asking them is to provide some information for verification and to know where your money is actually going. There should be no problems in giving out this info to you
collection agencies have business accounts set up with their cli
collection agencies have business accounts set up with their clients permission so that they can accept payment on their behalf.