PROVIDIAN/FDCPA/LAWSUIT

Posted by DRM (198.81.26.170) on January 31, 2003 at 12:53:01:

Providian National Bank, through First Select and a Law firm both sent me collection letters with the 30 day clause.
I disputed the debt by Certified letters.
In November of 2000 the lawyer filed a suit, which I ansered myself. They never validated the debt, therefore, every contact, including the suit, was a violation of the FDCPA. I kept writing them and advising then that they were breaking the law.
I asked for and received hundreds of pages of documents, but never received the signed validation of the debt as provided by Circuit Court rulings.
We were within three weeks from going to JURY Trial when I sent the lawyer a document that stated that under Cailornia Law, I WAS REQUIRING ORIGINALS OF ALL DOCUMENTS THAT THEY WERE PREPARING TO PRESENT IN TRIAL.
One week later, I received a call from the lawyers office and the lady said, "Our client has asked us to get a figure from you as to what you would agree to pay." I informed her in no uncertain terms that they had not vaidated any of the debt, and I'd see them in court in a couple of weeks.
The following week I received a copy of a form sent by the law firm to the court DISMISSING THE SUIT.
I wrote the law firm and First Select and told them that if they paid my out of pocket cost, I would not bring suit under the FDCPA. The law firm wrote back that they looked FORWARD TO DEFENDING THEMSELVES IN A COURT OF LAW< AND FOR ME TO BRING IT ON. I filed a suit, without use of a lawyer, against the law firm and First Select. They were both from other parts of the State, but since their suit against me was filed where I live, they had to answer in my area. I sued for all my out of pocket costs. $500.00 and $1,000 as provided by the FDCPA and court of this suit.
The law firm made an offer of compromise for $501.00 plus costs. In California, if a offer is made and you reject it, you must win more at trial than the offer or pay the others costs, including travel. I couldn't get more than $500.00, I took their JUDGEMENT and their check for $647.00. $501.00 plus my filing fee and serving fee. I still have my suit going against First Select, and plan to file another suit against the law firm for their other violations of the FDCPA.

Sorry for being so winded, but I thought others might like to hear how someone used the FDCPA to their advantage. It's a great law and NONE of the CA's or their Lawyers abide by it.

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