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Collector activity


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Posted by Phil on September 22, 2001 at 02:52:53:

In spring of this year, I allowed a credit card bill to get behind nearly 3 months before I caught it and sent a payment. My payment and a letter from a collector, First Select, crossed in the mail. Among other things, First Select's letter contained an error about the closing of my Account. He stated the Account was closed due to non-payment. In reality, I had closed the Account previously a few years ago when the creditor (Providian) offered that option as opposed to keeping the Account active by accepting higher interest rates. I responded to First Select with a demand that they correct that error, send me proof and also send me a list of anyone else they had reported this mis-information to. They never responded. In their letter, they also said an attorney would be contacting me in a few days to make formal demand for payment. I never received anything from any attorney, which means their remark was a threat, which is illegal. First Select received my letter on June 7th, according to the Return Receipt. I have not sent them any payments since then, because they have not responded as prescribed by law. On the 19th of September, I received another letter, this time from an attorney, who is acting as a collector. He is demanding that I contact Providian to either pay in full or make payment arrangements that are suitable to Providian. I refuse to send any payments until they respond and correct their erroneous remark. Am I in the wrong to withhold payments in this case ? And since they did not respond within the 90-day time required by law, what are my rights ? Also, since they made a threat of an attorney's letter that never appeared, do I have them " over a barrel " ? Thank you for your consideration.


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