Please help! CA has sent "proof of debt"
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Posted by Kelly
(64.238.100.133) on August 19, 2003 at 13:37:17:
Coming just under the wire of my 30-day validation demand letter, the CA that is suing me has made an attempt. Here is what he sent me - CA claims to be assignee of Providian but states in lawsuit that Unifund was "broker for sale of the account". 1) Unsigned letter dated 8/14/03 from "Chek-Protect Systems (division of Associated Receivables, Inc.)" with a one liner stating basically "here is the information you asked for"; 2) a document titled "Affidavit of Assignment", State of Ohio, County of Hamilton, from Unifund signed July 9, 2003. Document gives assignment to CA as well as states that CA is owner of the account; 3) a document which appears to be the little 5x7 or so form I signed and returned to Providian accepting their card; 4) a one-page copy of a statement from 12/00 (don’t know what the purpose of this was); 5) a copy of a statement dated 9/01 basically just stating that my account was past due, giving amount, etc; 6) a not-so-clear copy of an un-signed Providian National Bank Visa and Mastercard Account Agreement. Is this considered proper validation? This is what I demanded in the letter I sent the CA that is suing me: 1) a copy of the agreement with your client that grants you the authority to collect on this alleged debt including the date and manner of which you acquired this alleged debt; 2) agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor; 3) original creditor name and address as well as a complete charge and payment history of the debtor’s account with the original creditor; 4) any insurance claims been made by any creditor regarding this account; 5) any judgments been obtained by any creditor regarding this account. ====================== Other observations……… Affidavit is not from Providian. Wouldn’t affidavit or other such document need to be from Providian if CA is claiming to be their assignee. Why would Providian have anything to do with this anymore anyway? They told me that they’ve been paid as of 2/27/03 and that the debt has been sold. CA pulled a hard copy of my CR in June. Affidavit mentioned above is signed in July. Does this make their pulling a hard copy of my CR non-PP? CA was attempting to collect this debt back in June - almost 2 weeks before the affidavit is dated giving them the debt (if the whole thing is legit). Someone early on on one of these boards mentioned “attempted extortion by fraudulent means”??? Affidavit refers to me as a defendant - gee, isn’t that funny - affidavit was signed 5 days before the CA filed a lawsuit against me. I wasn’t a “defendant” yet. “Accruing” interest rate in affidavit is 6% - CA is stating 19.9% in lawsuit. 12% is the max I believe in GA. CA’s “cover letter” with the documents is conveniently dated 8/14 and was mailed 8/15. How convenient. 8/15 was my last day to file answer although upon paying court costs, I could have had an additional 15 days to file before CA could have received default judgment. Something still smells fishy here. Any thoughts or advice would be appreciated.
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