Credit Blackmail by Primary Financial Services
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Posted by Blackmailed
(67.4.17.139) on May 30, 2003 at 03:32:50:
On 5/28 I was called by a Providian rep to discuss my account which was overdue. I told her I was seeking Comprehensive Financial Planning through Myvesta.org and they would be contacting her soon. End of conversation. Later that evening, I recieved a phonecall from a rep at Primary Financial Services concerning the same account. I told him that I believed that they were pursuing a parallel course with Provdian and that I preferred to speak with Providian. I informed him that I had lost my job in Feb. and that I am in the process of returning to the military to support my family. He said, "That's a bad situation". I stated then, "It's a hell of a situation". At that time, a manager identified as Miss Ward or Warren jumped into the call stating that she had been monitoring the call and proceeded to inform me of my legal obligations to service the debt. Her tone with me began to upset me and I told her that I understand how CA's operate and that I was well aware of my rights as a debtor under the FDCPA and that abusive collection practices can lead to my bringing court proceedings against her and/or her company. She then challenged me to do so and stated that she would file federal charges for FTC violations on my part (harassment by phone-threatening language) immediately. Since I am returning to the military in an Intelligence Analyst position and maintaining a spotless criminal record is key to retaining an essential security clearance, I tried to reason with her. She hung up on me. I called back to speak with her again. Again she hung up on me. On the next call I was connected to Mr. Eddie Alvarez. He stated that he was with their legal department and that he wanted to know the name of my commanding officer, recruiter, attorney, etc. I refused. He stated that my refusal to provide this info was a refusal to pay a debt and that the account would be written off and that PFS would be pursuing federal charges against me. Then he hung up. I called back to stop this situation that was sprialing out of control. I reached Mr. Alvarez again. Mr. Alvarez stated at that time that if I agreed to make two payments spread over two weeks that (1) my account would then return to Providian for servicing and (2) that PFS would not pursue federal charges against me. Mr. Alvarez then launched into an oratory on how this could affect my military career and put me in violation of the Uniform Code Of Military Justice and subject to military prosecution as well. Then he offered his blackmail again. I stalled him for an hour and called him back and set up the two payments. He assured me that since the account would be returning to Providian that he/his employee/company would have no legal action placed against me. If I am not mistaken, this indeed is a case of Blackmail by slander, but also a violation of the FDCPA, Section 806, Item 1. It reads: Harassment or abuse [15 USC 1692d]
(1) The use or threat of use of violence or other criminal means to harm the physical person, REPUTATION, or property of any person. Since my reputation is key to my security clearance, Mr. Alvarez threatened that, thus threatened to endanger my economic survival and that of my family. It seems to me that PRS creates an escalating situation with multiple collectors where they can threaten debtors with a federal charge. Just an assumption on my part, not an allegation. Do I have a case or what?
Does it help that I have evidence of the conversation?
Also, since PFS is an agent for Providian, are they liable as well? Thanks for reading and responding.
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