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Forgive me in advance if I am cross posting or being repetitive.

I received a call from The law office of John Frye collecting on a debt for Atlantic Credit and Finance who bought the debt from Providian.

I do not deny the validity of the debt, I know that it's correct. I want to be sure that I pay the correct party so that I don't have them contacting me in 6 months to collect on the part of the settlement I don't pay (they said they will settle).

Can someone please advise me. I really want to get this taken care of ASAP.

Thanks-
Karen




I believe you have already got the necessary information from the law office that they are authorized to collect on the Providian account.

They should also send you the settlement offer in advance mentioning that once the debt is paid off as per the agreement, they will be updating your file with the creditors and the reporting agencies. You will be sure of dealing with the right company and if there is any dispute later, this document will prove helpful.

Sub: #1 posted on Wed, 06/27/2007 - 18:57

Bony Bony

(Posts: 287 | Credits: )

In my opinion you should contact Providian and see if your account has been turned over to collections. If yes, then make an inquiry about the collection agency that is dealing with the account.

Sub: #2 posted on Thu, 06/28/2007 - 04:26

Good Nelly Good Nelly
Industry Expert
(Posts: 2684 | Credits: )

watched a movie called MaxedOut last week
Providian was specifically mentioned
they were known to scam their own customers
they paid out hundreds of millions in 2002 for fraud
they intentionally held checks to cause an account to go past due
they intentionally shredded checks to cause accounts to go past due with no payment
they inflated fees, and when accounts were closed, most incidents involved closing fees and charges that far exceeded the original amount of debt
I'd be careful with this company
I'd recommend settling if you can, or seek out more info online about the company specifically
the purpose of the "law firm" is to give the impression that suing you is clearly the intent
just be careful and document everything
just because it's a law firm doesn't mean they'll actually sue unless your balance is very large
if they do sue, the amount of fees vs. original debt will become very important

Sub: #3 posted on Fri, 06/29/2007 - 18:37

Unregistered


Hi karo--

In this case, I would still send a DV letter, even though you are not disputing the validity of the debt. A proper debt validation will include evidence of the assignment of the debt. This will show you who has the authority to collect on it now. Do not pay a penny to anyone that does not provide proof of their right to collect it.

Also, something to consider. The attorney you mentioned is someone you need to be careful of. If I recall right, that attorney works quite a bit with CACH, which is a highly illegal collection agency. Very bad news...I would document every last detail when dealing with them, just in case.

Sub: #4 posted on Fri, 06/29/2007 - 19:44

skydivr7673 skydivr7673
Moderators Cum Industry Expert
(Posts: 2037 | Credits: )

I also had an lovely encounter with these people (Allied Credit Financial / Attorney John Frye Offices) ... these guys were down right evil from get go! When they called my house my daughter answered the phone and this guy asked for me & my daughter asked who was calling & he told her its David & that he doesn't have time for this to just put me on the phone now!

When I saw her face I got on the phone to see who it was & this man David Bennett was just horrible as he started to beraided me telling me he is an Attorney with John Frye & that he was getting papers ready to sue me for this past due account etc...........

I interrupted his verbal abuse to ask him why he felt the need to scare my daughter like that & how he got an unlisted phone number and why is he calling me at 7:30 at night. He then just got even more belligerent with me rattling off my life story as he was reading it from my TRW telling me what a loser I was and telling me that I had to settle this right now & agree to pay him to settle this account or he was going to take my home etc....

He wanted me to settle for $1900 on a $2400 hundred dollar debt that yes I do owe, and told me if I didn't make these arrangements with him right now and agree to the settlement amount they were offering that they were just going to go & put a lien on my house. He told me that he wanted me to make this lump sum payment right & to go and get my check book so that we can finish this up right now...

I told him that I could not believe this is happening!! I told him that I had tried to settle the debt with the Original Creditor (Providian) in trying to send them something & they wouldn't hear it. I then asked Mr. David if Providian had written the debt off & sold it to them.

He would not answer - instead he just went off even more going on about what he is going to do to me etc... so while he was doing all this I went on the internet & pulled up my TRW & low & behold I told him that I see that Providian has written off the debt as it now shows on my TRW...

So then I tell him why didn't he answer my question then I said to him that I did not have a "contract" with them in regards to paying this debt. I told him that the contract I had was with Providian and since they have now written the debt off then the debt according to them is done with!! And I told him that I will not sit here and be verbally abused by some second party who like vultures went and bought the debt for pennies on the dollar!!

He at this point freaked & told me to hold on.... so what do you think happened next... this new guy comes on Doug Hibbs (yeah funny love fake names I wonder if he is relations to Bud Hibbs (budhibbs.com) so now here goes bad cop good cop!

This guy was soft spoken very sweet very calm & polite etc... and basically he profusely first apologized for the other guy actions in the way he spoke to me & wanted to know what "he" can do help to settle this. I told him I would be glad to make payment arrangements & that I can send in $20.00 a Month as that is all I can barely afford to do right now.

Mr. Hibbs told me that he was so sorry but they cant & don't make any payment arrangements and that since it has reached this point and is now in their hands that it has now gone "beyond that" & that I needed to either take a loan, find a family member or someone to loan me the money now to make this lump sum settlement payment or he would "sadly" have to turn this over to a lawyer here in my state (Michigan) to sue me for this.

I told him well I am sorry then as you gotta do what you gotta do. I can only give what I have as it is all I can afford. I told him that if we go to court I guess I can try & make arrangements with the judge & let them know that I did try to settle with you & you wouldn't hear of it .... boy did his demeanor change then!!

Mr. Hibbs went into loud & abusive mode & bluntly stated well we also can just take it from your house as you do own property & he suggested for me to either take a loan on the house or refinance it before they take it as this is just a warning on what we can do to you form here if you don't make some kind of agreement with us right now to pay this off.

I told him I was done with the conversation and asked for his mailing address so I can send him a CD letter... he wouldn't give it to me he instead gave me a P.O. Box address & uttered how if I did send him this letter it will be the last thing I will ever do as I will definitely regret it...

I hung up after that...here it is today and who do you think is calling bright and early this morning! I would so love to know how they got my number as I am going to call the phone company to find out & then have it changed! So does anyone have a physical address for these people? Does anyone else have any info on this law firm / collection agency or whatever they are.. thanks

Sub: #5 posted on Thu, 07/19/2007 - 09:16

Unregistered


Atlantic Credit & Finance***
3353 Orange Ave.
Roanoke, Virginia 24012
Phone: (540) 772-7800
Fax: (540) 772-7895

8830 Stanford Blvd., Suite 404
Columbia, MD 21045
Fax: (410) 312-4960

John P.Frye P.C. Virginia Lawyer
3351 Orange Avenue N.E.
Roanoke,VA. 24012
Info pulled from bud hibbs & Court docs.This should be more than enough to send your letters to them.Remember to send it certified return receipt mail.

Sub: #6 posted on Thu, 07/19/2007 - 10:45

cajunbulldog cajunbulldog
Moderators
(Posts: 4859 | Credits: )

Should I send it to both John & Atlantic then?

Sub: #7 posted on Thu, 07/19/2007 - 12:29

Unregistered


Dia, I would just to cover your bases.

Sub: #8 posted on Thu, 07/19/2007 - 13:34

cajunbulldog cajunbulldog
Moderators
(Posts: 4859 | Credits: )

Has anyone been taken to court from the Atlantic Credit & Finanace - John Frye company? I just got my first call and waiting for my letter.. they said they need the money NOW! TODAY! Or we will take you to court.. no time to think.. no time to wait.. either do it by monday.. or its over.. no payment plans. WOW.. why won't they work with you.. if i had the money six months ago.. i would have paid it.. they debt is only six months old.. and just sold to them.. why won't they wait.. if i dont pay them.. will they take me to court.. i am trying to sell items.. anything.. anybody have any experinces with them? Thanks!!!

Sub: #9 posted on Thu, 04/03/2008 - 16:34

Unregistered


I would say you could automatically knock at least $1,000 off of what you owe them for their violations of the fdcpa (if you wish to sue them)

Violations:
1. Threatening suit if they do not have the ability/do not intend to do so.
2. Overshadowing your right to request validation.

Which is exactly what I would suggest doing at this point, if they are trying to pressure you into acting before you can think this through properly then they are trying to avoid getting caught on something. Wonder what that could be?

Anyway, use the link in my signature to get a debt validation letter template (along with the attachment) send it to them certified mail, return receipt requested.

Sub: #10 posted on Fri, 04/04/2008 - 05:56

JCEMT JCEMT
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