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Advanta Bank is not willing for debt settlement - what to do?

Submitted by on Tue, 09/23/2008 - 11:23
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I talked today with a lady regarding my 57 day late Advanta bank corp account. First of all she mentioned to me debt management, I then mentioned to her that dmp would not help my monthly payments be lowered and I mentioned debt settlement. She then told me that they do not deal with DS companies as they require them to "sell" my account and they don't do that. I had never heard that before. And she also said that as of the 30th my account would leave her department and so somewhere else, collections I assumed. I explained my situation to her and she wasn't rude but she still was wanting me to make a whole payment when I had just explained that I could not. We then got cut off when I went down into a bad cell phone place. If they don't deal with DS companies, will they deal with DS lawyers?


Quote:

Originally Posted by Anonymous
I have read Advanta will hire crooked debt collects and lawyers who will sue you in another State. They will slightly manipulate your name during legal service so you either way have no idea you are being sued nor in what State the hearing is taking place.

Is this true?



unless the debt was incurred in another state.they must sue in your town,village,county,or bourough.anything else and you can have the judgement vacated for improper venue,and service.does sound like something they might try,but if you know your onions about service,and venue you can get it vacated.


Submitted by paulmergel on Mon, 01/11/2010 - 05:20

paulmergel

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Quote:

Originally Posted by Anonymous
I have read Advanta will hire crooked debt collects and lawyers who will sue you in another State. They will slightly manipulate your name during legal service so you either way have no idea you are being sued nor in what State the hearing is taking place.
Is this true?


Advanta does not have to follow the FDCPA rule of suing you where you live because it's a business debt that the FDCPA does not cover.

They can sue you in Utah, and in at least one case described in this thread (the Mustang Oil Change case...can't remember the exact style) they did it.

But they seem to have done it only on a retaliatory basis ... Mr. Mustang was monkeying with them in Texas court and they seem to have tried the Utah angle to gain some leverage on him.

Keep in mind that default judgments from foreign states can be very difficult to enforce in the state where you live ... the creditor may not be able to get it domesticated under the UEFJA if you show up and fight the domestication locally. That victory will NOT clear your credit report, however.

They do NOT seem to be filing suit in my neck of the woods (the Suncoast of FL).

YMMV


Submitted by on Mon, 01/11/2010 - 10:16

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They jacked up the rate on me in June 2008 up to 37 percent. My X quit paying them this past July. An A$$hole named Frank Jokic offered to settle me at 75 percent with payments way higher than I could afford. I complained to the FTC. Another loser named Justin Holmes offered me half ($6300) but never would answer what the terms were. I've asked for the terms in writing three times and I got nothing. Thier latest was sending me a TEXT MESSAGE telling me it was going to the "next level" whatever that is. If they were expecting me to pay lump sum I got news for them. I can't afford to make high payments so I am going to ride this out and see if the FDIC steps in.


Submitted by on Mon, 01/11/2010 - 12:51

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Quote:

Originally Posted by Anonymous
See above...I stopped paying in September when my interest rate went from 4.9% to 35%. I have been contacted by "ACT" for this...has anyone else heard of them? They offered me the $3700 settlement. I'm going to wait and see what happens.


Now I'm being contacted by "ACT" for the Advanta debt. Anyone else? I sent them a Debt Verification letter within my 30 days to see what happens.


Submitted by on Mon, 01/11/2010 - 17:42

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Quote:

Originally Posted by Anonymous
Advanta does not have to follow the FDCPA rule of suing you where you live because it's a business debt that the FDCPA does not cover.
YMMV



I was under the understanding that its a personal debt under the guise of a business debt/card. If its truely a business debt, then under the FCRA they should not be able to report you/us personally on our credit reports. However they do.


Submitted by on Mon, 01/11/2010 - 18:11

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Quote:

Originally Posted by Anonymous
I was under the understanding that its a personal debt under the guise of a business debt/card. If its truely a business debt, then under the FCRA they should not be able to report you/us personally on our credit reports. However they do.


It's a business debt that you personally guarantee. There was a single case out of Mississippi (which makes it suspect from the get-go, MS jurisprudence being what it is), Moore v. Principal Credit, where the court ruled that a business debtor's FDCPA claim could survive a motion to dismiss (that's a long way from winning the case) because the debtor had been harassed at home.

The cases that have come later have all roundly criticized the Moore case. It's all but a dead issue.


Submitted by on Tue, 01/12/2010 - 08:32

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Quote:

Originally Posted by Anonymous
Now I'm being contacted by "ACT" for the Advanta debt. Anyone else? I sent them a Debt Verification letter within my 30 days to see what happens.


It's my understanding they are the collections department for Advanta. I've talked to several customer service agents and even a couple of managers. They were extremely helpful and polite and not some outsource to India like the other customer service number. I settled for less than 35%.


Submitted by on Tue, 01/12/2010 - 16:14

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Quote:

Originally Posted by Anonymous
It's a business debt that you personally guarantee.



If thats the case then according to my boss they cannot report you on your personal credit report, which they have done to me. My boss is a VP and Cheif Commercial Lender at the bank I work for said we had done that in error a couple of years back, (reported a personal guaranteor on his personal credit) for a business loan and he sued our bank and won over $10K.

I have also read that its truely a peronal card, hiding under a business card. I wish I knew the real answers to this. He was telling me all along not to worry about this debt and not to pay it. Now its been charged off, I received a call from a 3rd party from Advanta the other day,but wasn't home.
Still don't know where I stand or what to do.


Submitted by on Tue, 01/12/2010 - 16:44

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Ok
I received a call from Sage Financial about my charged off Advanta Account. He was nice enough, said he was a 3rd party trying to spend about 10 days trying to settle my account with Advanta before they take legal action on me. He offered me a settlement alot higher then the one Advanta botched up on me. I talked with him a little and then basicly thru back a 30% offer to him. He said he would have to check with Advanta on that and get back to me and a day or so.
What do I need to do with this exactly? Send them a Debt Verification Letter and make sure everything checks out? This is a Junk Debt Buyer Correct??
Paying them should put this behind me correct?
Sorry am just confused to on how to continue this.
Thanks Again


Submitted by on Tue, 01/12/2010 - 17:53

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There is some really misinformation being stated here. First, it's true that Advanta can sue your business in another state. They can sue you personally in another state. Anyone can sue anyone anywhere, practically. However, actually getting that judgment enforced is another matter entirely. To do that they have to register the judgment in your home state and if it's a default judgment its easily disposed of. So suing you in another state is as a practical matter pointless. It's a waste of money. Second, they will either sue you personally or sue you and the business jointly. I have never heard of Advanata suing just the business where the card was personally guaranteed. It would be a stupid legal decision to do so. Finally, to the poster above there is no such thing as a "personal card hiding under a business card" that's just plain idiotic. A creditor can report anything on your credit report for which you have assumed some degree of liability. This includes business cards in the business' name if you are an authorized user. The question is who has legal liability, not the mumbo jumbo on the card.


Submitted by on Tue, 01/12/2010 - 22:20

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Quote:

Originally Posted by love_my_things
thats not true, when you reach a agreement you should also request that the letter states that the forgiven debt cannot be resold and that x amount satisfies the debt completely.


You are just plain wrong. That letter is de facto meaningless. It is merely an agreement between two private parties. JDB buy debt all the time they have no contractual right to collect. Good luck getting them to stop.

BK is the *ONLY* 100% certain way to get a JDB to stop. Because in that case the JDB is violating a court order and will face sanctions from the court if they try to collect on the debt.


Submitted by on Tue, 01/12/2010 - 22:27

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To the person who willing to pay a JDB 30% on the dollar-What the heck are you thinking??? They didn't pay more than a few bucks for your debt. The JDB will only threaten to sue you, if they do hire an Attny it's done in hopes you will not fight back and they win a judgement by default.

Advanta is the one in trouble, not you. They are a FDIC insured company. Heavily regulated by the Gov't. They were served a cease and decist back in July, filed BK in November and yesterday their board held an emergency meeting to try to stave off a ton of lawsuits which are real (not bluffs). Their own employees were screwed by upper management for "allegedly" inflating financial information which over priced stock values and employee profit sharing. That complaint holds more merit than any Advanta's claims about it's cutomers.

Advanta is the one in trouble here folks. Chances are they will be raided any given "Friday" in the near future. When that happens, you and I should be able to talk with a reasonable banking institution and if not, then we should sue them for sure.

They took so many perfect payment historys at 4-7% interest and shot them up 30% or more without cause nor warning.

They mailed me a b/s check for a couple hundred dollars with the notion if I cash it, I can't sue them. My Attny sent them two certified letters copying the FDIC and they mailed it back to him unopened.

The remaining people at Advanta are crooks to the worst degree. Their debt collectors are too.

Screw them all!


Submitted by on Thu, 01/14/2010 - 05:24

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Quote:

Originally Posted by Anonymous
You are just plain wrong. That letter is de facto meaningless. It is merely an agreement between two private parties. JDB buy debt all the time they have no contractual right to collect. Good luck getting them to stop.
BK is the *ONLY* 100% certain way to get a JDB to stop. Because in that case the JDB is violating a court order and will face sanctions from the court if they try to collect on the debt.


I would favor a settlement agreement over a letter. The letter is not meaningless, but it is more difficult to enforce than a formal settlement agreement.

BK does NOT provide the claimed certainty.

http://www.businessweek.com/bwdaily/dnflash/content/oct2007/db20071031_039775.htm

As for what people can and should do, I would say don't talk to or pay Sage, ACT, Phillips & Cohen or anybody else who hasn't got an active case filed and served on your in your state's court system. If I'm right, that won't happen to the vast majority of the Advanta debtors for a long, long time (if ever).


Submitted by on Thu, 01/14/2010 - 06:59

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Quote:

Originally Posted by Anonymous
It's my understanding they are the collections department for Advanta. I've talked to several customer service agents and even a couple of managers. They were extremely helpful and polite and not some outsource to India like the other customer service number. I settled for less than 35%.


What was the total balance that u settleled for at 35% and after how long?
Many Thanks!


Submitted by on Thu, 01/14/2010 - 13:36

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to all the posters questioning my judgement. I am not wrong. And i made sure of it before reposting by researching and asking others. Fact of the matter is the law is the law and the judge MUST rule by the law and the letter is a legal document that must be upheld no matter what "mood" he is in or what he ate for lunch. it is a binding legal agreement between you and the creditor period. meaning that it is NOT meaningless its proof and its important. know the "facts"


Submitted by love_my_things on Thu, 01/14/2010 - 16:21

love_my_things

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[COLOR=#444444]Re: Advanta BusinessCard Account Ending in: XXXX 1/14/2010[/COLOR][COLOR=#444444]Dear Screwed Customer

Bring your account payments up to date and be rewarded. Advanta is offering you an opportunity to bring your account current in order to become eligible for a reduced interest rate.

Just make a payment to be received by us before your next due date in an amount sufficient to bring your account to a current status and we will lower your rate to 16.99%. (which we jacked you to 29.99% from 7.99% because we are filing Chapter 11)
[/COLOR]
[COLOR=#444444]
In order to enroll in this program, you must call 1-800-533-3686 or log on to Advanta.com. This is a limited time offer, so act NOW.

We look forward to receiving your payment.
[/COLOR] [COLOR=#444444]

Sincerely,
Kevin Walsh
Senior Vice President
[/COLOR]
[FONT=Arial][COLOR=#444444][/COLOR][/FONT]
WHAT A JOKE!


Submitted by on Fri, 01/15/2010 - 07:02

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Quote:

Originally Posted by love_my_things
to all the posters questioning my judgement. I am not wrong. And i made sure of it before reposting by researching and asking others. Fact of the matter is the law is the law and the judge MUST rule by the law and the letter is a legal document that must be upheld no matter what "mood" he is in or what he ate for lunch. it is a binding legal agreement between you and the creditor period. meaning that it is NOT meaningless its proof and its important. know the "facts"


That's true. I never said it wasn't. But the difference is that you still have to go to court to enforce it. In many cases the cost of going to court to enforce the agreements is more than the debt is worth. So now the person is in an ugly situation, not matter what the law says. The question is only who gets the money, the court or the debt collector.

That's not true with BK. The court has already enforced it. All you need to do is send a copy of your discharge papers. If they continue to collect the debt they now can be sued for illegal debt collection practices and the burden of proof is on them, not you.


Submitted by on Fri, 01/15/2010 - 21:51

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Quote:

Originally Posted by Anonymous
I would favor a settlement agreement over a letter. The letter is not meaningless, but it is more difficult to enforce than a formal settlement agreement.
BK does NOT provide the claimed certainty.
http://www.businessweek.com/bwdaily/dnflash/content/oct2007/db20071031_039775.htm
.


That was a dumb article filled with a great deal of misadvice. For example, the bank may have required him to get proof from the former creditor but that is not what the law says. That's a bank practice and frankly I would have complained to the FDIC about it. A copy of the discharge papers listing the debt as discharged is all the law requires. To have paid $9K because the bank required it is mind boggling dumb.

The article isn't proof that BK isn't 100% certainty. It's proof that most people don't understand the law.


Submitted by on Fri, 01/15/2010 - 21:55

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Quote:

Originally Posted by Anonymous
That was a dumb article filled with a great deal of misadvice. For example, the bank may have required him to get proof from the former creditor but that is not what the law says. That's a bank practice and frankly I would have complained to the FDIC about it. A copy of the discharge papers listing the debt as discharged is all the law requires. To have paid $9K because the bank required it is mind boggling dumb.
The article isn't proof that BK isn't 100% certainty. It's proof that most people don't understand the law.


The junk debt buyers wait to take the improper action until the most propitious moment: the moment the former debtor applies for a mortgage to buy a home. Then they take an improper action at a moment when it will cause irreparable harm. There's an old phrase "dead to rights" meaning that one is at such a disadvantage his rights don't matter. And that's what the JDBs practice.

http://www.ftc.gov/os/comments/debtcollectionworkshop/529233-00009.pdf


Submitted by on Sat, 01/16/2010 - 05:36

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Got calls today on Sunday at least 4 time they called, I answered, got a man named David Parker with a heavy Indian accent spoke, I asked him to spell his first and last name he said David Parkar, I said what then he changed it to David Parker, I then asked him where he was calling from and that it was Sunday he said India, I then said "India" and that I didn't beleive his name was David Parker, I asked him if David Parker in India was his real name he said No it was his business name, I then said It is Suday and that I do not discuss my finances with anyone from another country, and for him to tell his supervisor not to call anymore on Sunday, and to call me back on Monday during normal business hours. He then went into his normal routine with no reguard to what I just said, I then stopped him and stated that Advanta had taken advantage of me and I was disputing the rate changes from 7.99% to 29.99% and all the fees added in without any notice or my authorisation, and that He would not get a payment out of me and that I knew if he gets accounts he calls to send any payment he would get a bonus, I then said I have to go as I was cooking Beef on the BBQ. The numbers they use to call from are
1-800-533-3686
215-385-3300
919-872-2430
303-583-8753
305-533-9889
Many of these are rerouted from India to hubs in the US.


Submitted by on Sun, 01/17/2010 - 22:07

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They're also using Century Credit ... collectors are American there ... they call from 425-740-5400.

It's been nearly a year since I've paid a dime, and I've told their collectors to F.O.A.D. if you know what I mean. Still no suit, still no attorney involvement.

I don't expect this to change unless and until the debt winds up owned by someone else ... Advanta just can't afford to run the cases.

I wonder if this is going to happen to some of the other credit card banks?


Submitted by on Mon, 01/18/2010 - 10:42

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Received my follow up call from Sage Collections tonight. He said Advanta rejected my 33% offer. He said he would try to keep it on his desk a few more days and see what he could do with it. He said maybe the end of the month he "may" be able to squeek in.

He said now that Advanta is under new BK restructuring, they have to Charge Off accts sooner and press legal action quicker as well.
I understand thats all BS. However I do want to put this behind me and get it out of the way. But I don't have a ton a money and can't afford to overpay.
Suggestions?


Submitted by on Mon, 01/18/2010 - 16:34

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For whatever it's worth I stopped paying Advanta back in June when they quadrupled my interest rate without warning.

Yesterday I did a search for nearby counties in my State. I was immediately apparent that yes Advanta did sue tons of customers up to 2006. However I could not find one single credit card lawsuit from 2007 to present.

Interestingly I did find Advanta listed as a Defendant in one on-going case. Imagine that!

Lot's of smoke and mirrors with those scum bags at Advanta.


Submitted by on Tue, 01/19/2010 - 04:51

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Just started dealing with my second rate-jacking attempt by Advanta. Can???t wait for the calls from India! The first time I continued paying and wrote letters to them and the BBB of Utah for four months until Advanta relented. This time I am refusing payment until they lower the rate back down, I do not care what happens to my credit score at this point. I am fairly certain my local banker will understand when they review my credit report and see that it is stellar with the exception of the Advanta thieves & liars. Can't wait for Advanta to be taken over so I can deal with a reasonable entity and pay off my debt under a realistic interest rate. What a bunch of criminals.


Submitted by on Wed, 01/20/2010 - 14:57

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Everytime we get a call from a so called "Advanta" rep, We are friendly and I simply ask them where they are calling from, If they will not say then I hang up, if they tell me India, I then say that we do not discuss any financal terms with any foreign country or persons calling from outside the USA! They always hang up. Plus when they call we ask them for full name first and last and how to spell it (which will be their business names and not their real names), Most time they mess up the Name and or the spelling, then ask them what their real names are, then say if you are going to lie to me I will lie to you, they will hang up. If they call and I miss the call I will call them back as soon as the "Rep" gets on the phone I wait about 30 seconds then hang up. Advanta it is a two way street. Your call centers are getting overworked and not producing. Lower your rates remove your fees and maybe we will talk.


Submitted by on Thu, 01/21/2010 - 07:58

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Advanta are crooks! They hiked my APR up to 28% for no good reason.
I have asked them repeatedly to lower it and they won't budge. So, I just stopped paying them! I sen them a letter to stop calling me about the debt, which by law thay have to.
I know it will affect my FICO, but at this point I truly don't care. Credit card companies take you hostage by threatening to lower your FICO - it isn't right 0- they should have been strictly regulated by the FED a long time ago. I hope they send me a summons... I guarantee that in court, I'll pay pennies on the dollar towards the debt, or at the very least get a very low APR. I've already negociated 6% APR with Chase. Advanta are the only theives who don't want to listen... No wonder they went into BK....


Submitted by on Mon, 01/25/2010 - 18:11

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It looks like many here are having the same problems, Advanta will not lower their rates or remove fees and charges, instead all they do is threaten people by reporting to the credit reporting companies. It seems to me that a company that is themselves in default and have filed for BK that the Credit reporting agencies would ignore their threats until they themselves prove worthy and fix their own credit problems. It looks like a very simple matter of retro-active reinstating everyone interest rates back to agreed contract amounts and remove the fees and charges they imposed and stop the threats. This way many will continue to pay on time and the original amounts agreed upon. Then Advanta would have more capitol to work with on their own credit problems. Instead because they made some bad decisions they are blaming and making everyone pay for their mistakes, Not a good way to do any business, even childish.


Submitted by on Tue, 01/26/2010 - 08:05

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Advanta can't service their own debt if they reinstate the old rates. They're dead on their feet, it is only a matter of time before the FDIC steps in.

Remember, whoever buys the Advanta debt under the JDC program will only have a penny on the dollar invested. They're going to be wheeling and dealing (if they've got any sense). But an intransigent debtor without much in the way of nonexempt assets or nonexempt income might just flip 'em the bird with no consequence other than 7 years of a chargeoff showing on the 'ol CRA reports (of course the JDB or a subsequent JDB might try to illegally re-age the tradeline to keep it on the reports longer, but that exposes them to your lawsuit...).


Submitted by on Thu, 01/28/2010 - 17:26

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Advanta is laying flat on their back. Vultures are perched and patiently waiting. They deserve a slow miserable death.

I have been following (as best I can) what is happening with the discounted disbursements to investors. From what I gather they made misleading promises to Mom and Pop's all over the U.S. Those investors bought into 11% returns, didn't get a penny and now are faced with a discounted settlement.

Can anyone chime in on how much of this is accurate and wouldn't make sense that as soon as they release those funds it's "FDIC Friday" for Advanta Bank???

BTW, there is a strange silence because Phillips and Cohen hasn't called me in over a week. It's too quite. Something is about to happen......


Submitted by on Fri, 01/29/2010 - 04:01

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I had been contacted by Sage Collections a month back. They said they didn't own the debt,but were working as a 3rd party for Advanta. They offered a higher settlement then the Advanta did directly. I made them an offer to try to get it closed out and done, approx 30%. He said he would have to check with Advanta...5 days later called back and said it was rejected.

If they bought the debt for 1,2,3 cents on the dollar, why not settle it for 30?

What is the best way, or thing to do...once the debt has been charged off and is at a CA??


Submitted by on Fri, 01/29/2010 - 04:21

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As of yet, nobody has bought Advanta's debt ... you're dealing with a hired hand that takes a percentage, not a JDB who has already paid a (ridiculously low) percentage.

Avanta Bank will be taken over some Friday in the near, near future (maybe today). Until that has shaken out, no need to fret.


Submitted by on Fri, 01/29/2010 - 10:25

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Called a number here in the US (215) area code, spoke to an American "Debbie", I told here I wanted to speak with Mr. Kevin Walsh, Senoir Vice President, she said he was in a meeting, (which lasted all day no calls back from him) so I told her I wanted to settle. she took my information and said someone higher up would be calling me right away, three days now, so we will see. I also asked her why it was so hard to talk to someone here in the US instead of someone from a foreign country she said "sir there are only two of us here" that explains a lot more now. Even Advanta can't handle the calls on their own. I have closed down my business and have lquidated all assets and have divided all balances owed on a percentage of the principal balances (no fees or late charges) and simply told her Advanta would only get what was left, since a big part of closing my buisness was Advantas fault, for raising rates (7.99% to 29.99%) and more than trippling our monthly payments without notice or cause. As our other credit accounts have done but not as drastic. Advanta You lose just like thousands of small businesses have and are doing right now. Advanta has now joined the economic avalanche by their own hands and greed. Thank you Mr Alta, Mr. Moorse


Submitted by on Sat, 01/30/2010 - 18:14

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I just came across this site and I am in it deep with Advanta also. After them smacking my personal credit report with a 60 day late I have a written agreement with them for a year at 3.99% on a 25K balance ( comes out to $540.00 am month) Theses guys sucked 35% interest on me for almost a year until I jsut couldn't pay anymore. My personal credit report is important to me and am doing everything I can not to trash it becasuse of advanta. My other credit cards took away my most of my credit lines already. Should I just stop paying them?? I would go for one of those 30% settlement offers just not to trash my credit.


Submitted by on Sun, 01/31/2010 - 22:42

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Max, Welcome to the club. I joined in back on page 14. Same exact story for me. 19 years in business, begged and pleaded they bring my rate back down to 7.9% but couldn't get it through their thick heads. You (and I) wasted a lot of $ and mental energy trying to convince these crooks 30% interest was impossible.

Yes, Advanta will accept a 30% payoff. But guess what? You have to make them bleed first. I stopped paying back in June. And now they finally will accept a 30% settlement. Since my credit report is now trashed, I don't give a damn if I ever send them one penny. Dennis Alter is a criminal and he uses credit reports as his only leverage. Change your priorities, forget the damn credit score, leave your money in your bank account (not his) when you do this Advanta is left with nothing and they get one step closer to being shut down!


Submitted by on Mon, 02/01/2010 - 04:55

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Has anybody else noticed P and C have stopped calling? These creeps would call 4x's a day every day except Sunday. On Saturday's as early as 8 a.m. I reported them to the FTC, Attorney General's Office and Department of Financial Services.

Is this why they finally stopped calling me or is it b/c Advanta isn't paying them?


Submitted by on Mon, 02/01/2010 - 06:50

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Quote:

Originally Posted by Anonymous
What happens when they are taken over? The debts are still there and need to be delt with correct?


"Need" is a relative term.

The new owner (a JDB with 1% of face value invested in the debt) will need to realize a profit, and will also need to split that profit with the FDIC. You will need to get finality when you settle, or alternatively you can wait out the statute of limitations. Don't part with money without finality. A successful lawsuit on their part is a longshot, and will eat into their profit even if you do wind up paying something. It's likely more hassle than its worth, except where a debtor is extraordinarily solvent and also stupidly recalcitrant in offering zero.

Read "Liquidation Rates Can Be Higher" on the InsideARM website to get an idea how the industry works.


Submitted by on Mon, 02/01/2010 - 12:21

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My debt was taken out with Advanta in my and partner's LLC name and EIN number, but I signed the application as a company officer. Nothing was in writing about my being personally responsible. Now that we can't pay, they are threatening to report on my personal credit. Can they do this? If so, how soon? (We're 30 days late.) If they do it, can I fight it with the Credit Bureaus since it is on an LLC?


Submitted by on Tue, 02/02/2010 - 00:25

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Quote:

Originally Posted by Anonymous
My debt was taken out with Advanta in my and partner's LLC name and EIN number, but I signed the application as a company officer. Nothing was in writing about my being personally responsible. Now that we can't pay, they are threatening to report on my personal credit. Can they do this? If so, how soon? (We're 30 days late.) If they do it, can I fight it with the Credit Bureaus since it is on an LLC?



I had the exact same situation happend to me.

I don't know if they "can" or not but they will and do it. I was in the same sitiuation and they reported me no problem. Even though I have been told that they cannot legally do so.

They have also refused several requests to send me a copy of the signed card agreement for me to look over to see how it reads, or how it was filled out. One of the last calls I had with an Advanta guy, he got pissy when I told him why I wanted the copy and claimed that probably didn't even sign one, but filled it out online. I told him I filled out an actual app and signed one on paper. He said "you remember what you did 6 years ago". He then told me courts don't require and proof of signed card agreements anymore do to all the online apps now.

I tried to file a online claim with one the credit bureaus thru a one of those services but have not had any luck.


Submitted by on Tue, 02/02/2010 - 01:01

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This is my second post about this. I am being continuously contacted by Advanta. I ignore the calls. I sent an email to Timothy Winters (a "manager") asking for terms for his 50 percent offer. I also told him I can't take calls during the day while I am at work and to use email to correspond. I never received a response from him. I'm not sure who is calling me. I've appealed to all three credit bureaus and two have responded that the bad status is accurate so don't waste your time on that. I've written the FTC twice and not heard anything from them except acknowledging the complaint. I'm going to write them again. I think that's our best bet for now unless someone knows how we can unite for a class action suit. I'm going to sit tight and not pay since my credit is already trashed. I am floored that one crooked company can do so much damage to an otherwise perfect credit history. Perhaps we need to address this with our legislators.


Submitted by on Tue, 02/02/2010 - 05:50

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Quote:

Originally Posted by Anonymous
How do you get these jokers off your personal credit report!!!


Realistically I would wait until a the FDIC sells the debt to a JDB through their JDC program, then settle with the JDB for pennies on the dollar with a written agreement that they will either never place a tradeline on your CRA reports, or that they will remove their tradeline if they have already placed it ("pay for delete"--which is like pulling teeth to get), or (more realistically) that they will NOT update the tradeline to show you paid (only vital if you have other bad debts) and will not respond to any dispute you make to a credit bureau (that lack of response would allow you to get the tradeline deleted by disputing it).

The orginal tradeline from Advanta will still be there, but when Advanta is shut down the likelihood is that there will be no "successor" bank taking over its deposits, so there will be no bank to respond to your dispute of the Advanta tradeline, so you should be able to make that one go away pretty easily.

YMMV, and this is admittedly a thumbnail of one potential solution ... there are more detailed (and perhaps more availing) strategies in the book "Debt Hope: Down and Dirty Survival Strategies" which you can read for free on Scribd.


Submitted by on Wed, 02/03/2010 - 09:11

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I have no idea if this is true or not as we just decided this month to not pay Advanta. This will be our first missed payment. My husband has a business credit card that is only at $4,000 but they continue to jack up our interest rate for no reason. I am sick of it. So we are adding this one to the other 4 cards we are going to try to settle. I did a phone consult with Michael Mack the credit man guy. He made it very clear to me that he was not offering legal advice but he said Advanta is sooo bankrupt and to quit paying them immediately and I will probably not hear anything from them 1. because I have a low balance with them and 2. they have so many other problems they are dealing with. Again, do not know if it is true, but I guess we will find out. Mack also told me to settle Bank of America (ours is at 44,000) because they were the easiet to work with. Just a side note, I really like Michael Mack, but he did not want to take our case because he really felt like we could do it on our own and he was a little worried we weren't going to be able to come up with his fees and have settlement money. He really wanted us to look into BK and I do not want to do that. I figure why not try settlement first and then I guess as a last resort you can look into BK. There is my 2 cents. Keep posting on this Advanta thing..it is all very helpful!


Submitted by luckin10 on Wed, 02/03/2010 - 12:12

luckin10

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Just got a call from these guys....does this mean Advanta turned over to collections and if so, has anyone here dealt with them ? any feedback/advise appreciated!


Submitted by on Thu, 02/04/2010 - 08:50

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My previous post was about them threatening to hit my personal credit when this credit was taken out in a more than one owner LLC's EIN #. I printed off my 3 credit union reports for this month. They dont show Advanta on any of them. I'm hoping that will be partial proof if suddenly Advanta (a 3 year-old debt) starts claiming themselves on my personal credit and I need to fight it. Has anyone else tried this? They seem to be into trying anything--even if illegal methods--but it looks like they could be reported/even sued under the Fair Credit Reporting Act for reporting a business account on a personal credit report. Not that the feds would act quickly enough to help.


Submitted by on Thu, 02/04/2010 - 08:54

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