Re: Collector activity
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Posted by Linda on September 24, 2001 at 19:42:43:
In Reply to: Collector activity posted by Phil on September 22, 2001 at 02:52:53:
You have a complicated situation. Is First Select collecting for Providian, or has Providian written off the account and sold it to First Select? They have broken the law if they threaten you with legal action when they do not intend to follow through with it. They still could be following through. What 90 days are you referring to in your reference that they did not respond within 90 days? There is no specified time limit in the FDCPA, the law just says they cannot pursue collection activity until they verify that the debt is yours. All you can really do IMHO at this point is file a complaint with the FTC if you feel they threatened you with legal action when they never intended to follow up. Personally, with the account however many months behind, I would contact Providian and see if they have sold the account and written it off, or if they still have it. If they still have it, make payment arrangements with them. If they turned it over for collection and insist you deal with the CA, then wait for them to validate the debt. If they contact you before they validate, then you have got them dead to rights, and you can chase them off, or file suit, but your credit is still going to be trashed for a while either way. I think you'd be better off paying and having your credit report show "lates" instead of a "charge off." Your delinquency and the debt in general is too recent to be playing the games with the collection agency (you do have a right to the validation, but, hey, you know it's yours). That stuff only works on old debts that have been charged off for several years. Linda
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