Skip to main content
index page

Providence Dane, LLC

Submitted by Indebted on Mon, 06/16/2008 - 04:56
Posts: 34
Credits:
[Donate]

Ok,

Here's my tale of woe... Back in the day I had a lame boyfriend who didn't work. I ended up paying the rent three times on my Chase credit card before I dumped him and moved out of state. I didn't get a job or find a decent situation for quite some time and it went into collection and what not. Somehow a $2000 credit limit turned into a $3800 dollar bill. So now apparently an attorneys office has it. They told me I had to make 3 payments of 1200 immediately or they'd sue. I told them that was impossible and now based on some curse of luck I went to my fathers house and saw a letter from them containing a warrant of debt. The trial date is set for the end of july. I'm terrified. I've been paying the original creditor $25, 50 bucks every chance I get through bill pay and have yet for one to come back to me. Can this collector honestly win the full amount? I could pay the collector much larger sums of money now but it's like if they don't get their money in huge quantities right now.. then they're not willing to listen. What can I do? Should I talk to the collector again? I don't mind paying this at all! I just need like 6 months... although i hate the fact that over half of this debt is fees... please advise! Thank you!


VA
3 weeks ago to the original creditor
This is the number he includes in his emails... Toll Free 866 540 4656.

He said my new total is $4230 with their fee added. This is ridiculous. Over 2000 dollars just in fees alone. I don't want to go to court, but this guy is really lame and not interested in anything else but getting his money.


Submitted by Indebted on Mon, 06/16/2008 - 07:19

Indebted

( Posts: 34 | Credits: )


I can't find a single thing on this company. You might want to call your secretary of state to see if they are a registered corporation.

I did call the number for you and it gives about 5 first names of people. I find it odd.


Please give me any information from the letter that you can, a first and last name an address anything. I will look for you.


Submitted by on Mon, 06/16/2008 - 16:53

( Posts: 202330 | Credits: )


Contact Chase and make sure that they are receiving the payments. If they are then ask if they have hired the attorney.

Do you live with your father?
How did he get the letter?
Was his address ever your address?
Do you to live in the same court jurisdiction?
Did you check with the court to see if this was a VALID "warrant"? Generally a court date is set after you have been served a summons and had a chance to reply.


Submitted by on Mon, 06/16/2008 - 20:15

( Posts: 202330 | Credits: )


Yeah, I spoke to David Ashe via email. He seemed nice but when I told him I couldn't make 3 payments of 1200- he was like, well too bad.
I don't live with my father, but it was my address at one point. No, i'm no longer in that court jurisdiction, but it's not that far away. I checked the courts website, and my name is definitely on it. So i'm screwed. I'm not sure what to do! No, Chase sold off the debt to this gentlemen...


Submitted by Indebted on Tue, 06/17/2008 - 05:18

Indebted

( Posts: 34 | Credits: )


That's why it's best not to have anything (including assets) in your name. I don't own anything of any real value. They cannot take anything if you have nothing. Especially if you are not working. They cannot take anything from me, however, I would not want to deal with the collections attempts and court. Luckily, I owe nothing, except what I am making payments on.
When you got nothing, you got nothing to lose. (song lyric to some song)Like a Rolling Stone-Bob Dylan.


Submitted by markofkane on Tue, 06/17/2008 - 05:32

markofkane

( Posts: 182 | Credits: )


indebted,did you save that e-mail?that could serve you well.you see if or when this goes to court bring all e-mails.i don't see how the judge won't let you set up payments with your emails asking for them.
chances are,the judge could set up a payment plan for less than the three at 1200.00.


Submitted by paulmergel on Tue, 06/17/2008 - 05:55

paulmergel

( Posts: 15514 | Credits: )


can't hurt,just save the emails and inform him you are doing this.that might help him be more resonable.


Submitted by paulmergel on Tue, 06/17/2008 - 06:01

paulmergel

( Posts: 15514 | Credits: )


they can claim the same debt,but can't add any additonal fees like they are trying to do to you that is why if it goes to court you can request validation during the discovery phase.that is the very first part of the court action.


Submitted by paulmergel on Tue, 06/17/2008 - 06:26

paulmergel

( Posts: 15514 | Credits: )


Quote:

The other thing I wanted to ask though is that I thought if you were paying the original creditor, then a CA can't claim the same debt? can someone explain that to me?


If the OC still owns the debt, then the payment will be credited against the account, and the collection agency will be forwarded its commission.


Submitted by Morningstar on Tue, 06/17/2008 - 06:51

Morningstar

( Posts: 1633 | Credits: )


Oh I see. Well, darn. I was hoping that was a loop hole of some kind. Additionally, the only paperwork they've provided me (via email) was a signed paper that they owned the debt... but that was it. No info from the original creditor or anything. What's odd also is that he said my total was 4200 with their 6 percent added fee from purchasing the debt, but on the court papers, i'm only being sued for 3700.


Submitted by Indebted on Tue, 06/17/2008 - 07:32

Indebted

( Posts: 34 | Credits: )


Contact the court and have the case dismissed because of improper venue. They have to sue you in the court jurisdiction that you live in.

Also send them a debt validation letter and make them prove that the debt is legally theirs and that the extra charges are legally permissible.

I know you don't want to be difficult but you also don't want to pay what you are not required to.


Submitted by on Tue, 06/17/2008 - 21:06

( Posts: 202330 | Credits: )


They will argue this point if in fact you signed the contract in the district they are suing you on.

If not then yes, it is improper venue DEPENDING on how far away it is. If is only a few miles, it ain't worth complaining but if it's a good distance then fight it.

15 USC ???? 1692i
(a) Venue
Any debt collector who brings any legal action on a debt against any consumer shall????????

(1) in the case of an action to enforce an interest in real property securing the consumer????????s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity????????
(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the action.


Submitted by on Tue, 06/24/2008 - 05:38

( Posts: 202330 | Credits: )


ok, well than maybe that's not an option. I signed up when i was living at home when i was 18... i don't live there anymore, but i guess that's the county when i signed up for the card. What could be my next move, then? should i write the lawyer and try to work something outside of court??? or what? He wants a lot more than i think i should pay. i mean 2000 of it is fees!


Submitted by on Tue, 06/24/2008 - 08:01

( Posts: 202330 | Credits: )


bump


Submitted by on Wed, 06/25/2008 - 10:05

( Posts: 202330 | Credits: )


Does anyone have a suggestion for the wording that should be used to correspond with the lawyer... so far I have:

Good Morning Mr. Ashe,



I'm sorry for the time lapse between now and our previous correspondence. Unfortunately I've had several issues to take care of in the recent months and I've only now found myself in a position to pay the debt owed.

From there i'm not sure what to say... i want to request debt validation but i'm not sure how that will affect the fact that there's a pending court date. I need to be careful because i'm sure he'll use this email at court should it go this far.


Submitted by on Mon, 06/30/2008 - 08:12

( Posts: 202330 | Credits: )


I would make a written complaint to the Virginia State Bar complaining of Mr. Ashe and his evasive law practice, i.e. no return addresses and/or phone num bers, failure to properly respond , filing legal proceedings in an improper court for the purpose of gaining an economic advantage and/or to defraud the alleged debtor and the court. This guy lists no phone numbers and has no public office that i can find, except a mail drop. Report him to any stete bar association IN WRITING that issues bar licenses. Also write the Court and explain in detail what is going on with what appear to be fraudulent collection attempts. I suspect he has bought some bad debts and is trying to collect them as cheap as possible, however I also suspect many f the debts are beyond the statute of limitations period SO DO NOT EVEN SEND one penney or it restarts the statute of limitations.


Submitted by on Thu, 07/31/2008 - 08:33

( Posts: 202330 | Credits: )