• Report: #90557

Complaint Review: Providian Financial

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  • Submitted: Friday, May 07, 2004
  • Last Posting: Monday, June 19, 2006
  • Reported By:Ooltewah Tennessee
Providian Financial
PO Box 9007 Pleasanton California 94566 U.S.A.

Providian Credit Card, Providian Financial ruined credit, says account was filed bankrupt on by consumer Wrongful unfair treatment Pleasanton California


2Author 2Consumer 1Employee/Owner

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On April 5, 2004 we obtained a copy of my husband's equifax credit report showing Providian Financial as a charged off acount. when we called the CA _ RMA we were informed that it showed we filed bankruptcy on this account. My husband filed in 1998, this account was opened in 2001. I filed in 2002, but mine had nothing to do with any of his accounts. when I called Providian on 5-7-2004 (spoke with Janet) I was informed that since I wasn't the authorized user she couldn't help me...everyone else on his report is more than happy to release information to me... under the fair credit reporting act section 8, subs b and c, it says that they can release information to me with me being his spouse. Has any one else had this happen? Any advice is welcome.

Amanda
Ooltewah, Tennessee
U.S.A.

This report was posted on Ripoff Report on 5/7/2004 8:51:01 AM and is a permanent record located here: http://www.ripoffreport.com/credit-debt-services/providian-financial/providian-credit-card-providi-m4dme.htm.

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REBUTTALS & REPLIES:
2Author 2Consumer 1Employee/Owner
Updates & Rebuttals

#1 Ex-Employee

response to unauthorized spouse

AUTHOR: Rosie - El Paso (U.S.A.)

My best suggestion is to have your husband just put you on the account. As an ex-employee we received many calls from spouses asking for information on accounts that they were not authorized on. As a security measure we had to make sure only authorized people could ask questions. I'm sure you would not want just anyone calling in and asking about info on the account. Because I'm sure then you would be upset over release of private info to someone that was not authorized and sue the company. Just think about it this way if you are married then just ask your husband to put you on the account like you said you are the spouse it should be no big deal. Remember its a credit card and security measures need to be taken to protect everyone.
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#2 Update By Author

I understand the security, but they have his account listed under false pretenses

AUTHOR: Amanda - Ooltewah (U.S.A.)

I understand the security issues..what I can't figure out is them having his account showing he filed bankruptcy on it? And my husband works all day, so he has no time to call or no desire to put up with the nonesense they put you through. The only reason I even called them was because the collection agency, RMA, the last people to my knowledge to have this account told me to.
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#3 Consumer Comment

Hold That Thought

AUTHOR: Anne - Memphis (U.S.A.)

To the spouse who is not on the account with hubby with providian, I think I'd have to say nooooooooh, to adding my name to an account and bank that is obviously crooked as barrel of snakes. One scapegoat in the family is snough.
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#4 Consumer Suggestion

The Pen is Mightier than the Word!!

AUTHOR: Sal - Spring Valley (U.S.A.)

I know these issues can be aggraivating, so here are a few pointers that in the end will leave you smiling.

The first thing that anyone must realize when dealing with Credit issues, is that phone calls don't usually work. In fact, in some cases, they make things worse. The CSR that answers the phone is not likely to have any authority to do anything but answer the phone and document the conversation. Sometimes the notation added into their system from the call will automatically trigger some form letter to be sent to you that has nothing to do with why you called.

The first thing I noticed from your response is that you never mentioned filing a dispute with Equifax about the incorrect information that they allowed to be added to your file. Therefore, your first remedy is to file a dispute with the Reporting Agency which can be done by phone.

This is supposed to trigger an investigation by the Reporting Agency and the Provider of the information in your file, but in reality the Provider just responds saying that the information is correct. At this point, you will get their decision by mail within 30 days saying that the information was verified and will remain on your report.

IT IS IMPORTANT THAT YOU DISPUTE WITH THE CREDIT AGENCY BEFORE DISPUTING DIRECTLY WITH YOUR CREDITOR.

CONGRESS GOT IT RIGHT IN THE 2003 FCRA LEGISLATION

? 623. (b) Duties of furnishers of information upon notice of dispute.

(1) In general. After receiving notice pursuant to section 611(a)(2) [? 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall

(A) conduct an investigation with respect to the disputed information;

(B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [? 1681i];

(C) report the results of the investigation to the consumer reporting agency;

(D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis; and

(E) if an item of information disputed by a consumer is found to be inaccurate or incomplete or cannot be verified after any reinvestigation under paragraph (1), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly--

(i) modify that item of information;

(ii) delete that item of information; or

(iii) permanently block the reporting of that item of information.

The website http://www.creditinfocenter.com provides free sample letters that can be used to correct these type of problems.

Here is the final two paragraphs of the sample letter sent to your original creditor.

(adapt to your specific issue)

In order to clear up this matter, I would like to see, at the very minimum, a payment history from your company showing me I was late on these dates. If you don't provide to me within 30 days the information (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information.

To avoid a lawsuit, I request that you remove my late payments and also the "account closed by credit grantor" from my credit report. Though I am entitled to $3,000, $1000 for each violation (one for each inaccurate late payment on my account for each credit bureau), I will take $1000. Please correct this listing to "paid as agreed - never late", and remove late for , or I will be forced to seek legal action.

Sincerely,

At the very least, you will send this Certified Letter with a smile on your face.
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