• Report: #367249

Complaint Review: Grand Noble And Asc.

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  • Submitted: Tue, August 26, 2008
  • Updated: Mon, December 01, 2008

  • Reported By:Miami Florida
Grand Noble And Asc.
3411 Bailey Ave., Ste. 1 Buffalo, New York U.S.A.

Grand Noble And Asc. threatening to sue me and place fraud on behalf or providian credit from a balance almost 10 years ago... Buffalo New York

*Consumer Suggestion: But, remember Laurie, it works both ways. . . . . .

*Consumer Comment: first things first - LEARN YOUR RIGHTS AND STOP TALKING TO THEM

*Consumer Suggestion: OOPs! Sorry, let me clarify. . .

*Consumer Suggestion: OOPs! Sorry, let me clarify. . .

*Consumer Suggestion: "Pardel", needs some education regarding SOL...NOT 10 years!

*Consumer Suggestion: Debt over 9 years ago? Providian only has 10 years to collect on a credit card debt!

*Consumer Suggestion: Debt over 9 years ago? Providian only has 10 years to collect on a credit card debt!

*Consumer Suggestion: Debt over 9 years ago? Providian only has 10 years to collect on a credit card debt!

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Basically, as the story you have on your home page. I first had these people calling and harassing my my mother trying to find me, due to that's the number on file. I spoke to a woman, who was rather nice but explaining I was being sue for some odd amount from a charged off Previdian credit card from 9 years ago.
I was then transfered to another woman after I indicated I was considering bankruptcy for errors on my credit report, and other problems that may or may not be to my doing.

The second woman got really hostile then stating they were going to place fraud charges on me, dig into my personal information to find assests and/or garnish my wages, and be sued.

With in 72 hours a Mr. Evans is in charge of my case and is with Grand Noble and Asc.

He wanted physical proof from 9 years ago of the actual balance, now the 'owed' amount is almost $3,000.
At last glance of my credit report from 4 years ago a due balance was not more than $300 an was charged off.
Even today, I recieved a message on my voicemail, indicating they are wanting this physical proof and a closure of this case for $500.

Previously I had disputed their varying dollar amount and recall, if i can remember from that long ago, it was actually a balance of barely $100, with the other fees late fees etc.

I only had the card for two months and dropped it after noticing the interest rates.

But they too, are threatening to sue me, and have fraud charges placed upon me.

Ironically, a college in Texas I attended and placed a student loan notified me that someone had requested my personal school and financial records from there and said I had a standing student loan. That was paid off and closed 4 years ago. They were rather confused to the source.

Just what scam are these people playing and how can it be stopped. My credit isn't seeming to renew as others every 7-10 years. Mine has been destroyed by various sources and people are praying on that!!

Sean xxxxxxxxx
Miami, Florida
U.S.A.

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

This report was posted on Ripoff Report on 08/26/2008 05:28 PM and is a permanent record located here: http://www.ripoffreport.com/r/Grand-Noble-And-Asc/Buffalo-New-York-142125/Grand-Noble-And-Asc-threatening-to-sue-me-and-place-fraud-on-behalf-or-providian-credit-f-367249. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 8Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

But, remember Laurie, it works both ways. . . . . .

AUTHOR: Pardel - (U.S.A.)

Posted by Laurie "If they do go to court - YOU HAVE TO SHOW UP - or you will get a default judgement."

This is very true, however, it works both ways. A lot of these companies will file a suit against the debter 'just to see if they show up for court' with the company having no intention of showing up to court themselves. They are gambling the debter will not show. If the debt holder does not show for the court date the company that bought the debt (the collection agency) will automatically get a 'default judgement' over the debter. They can then garnish the wages of the debter regardless of the fact the Statue of Limitations has expired on the debt. If the debter shows up for court and the company does not then the debter wins a default judgement as well. It is a game these debt buying companies play.

The best thing you can do in this situation is when contacted by a debt buying company (collection agency) on a debt that has an expired Statue of Limitations is to immediately send them a registered letter stating the Statue of Limitations has expired and they are not to make contact again. In most instances this will be enough to get the collection agency to refrain from futher contact.

Just remember, never make a 'payment' on the debt as this restarts the Statue of Limitations and if the collection agency does file a suit you must show for the court date. Have your state statue in hand when you go.
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#2 Consumer Comment

first things first - LEARN YOUR RIGHTS AND STOP TALKING TO THEM

AUTHOR: Laurie - (U.S.A.)

FAIR DEBT COLLECTION PRACTICE ACT - www.ftc.gov

All communication must be in writing - certified mail - return receipt.
Never try to negotiate with them - its a waste of time.

also www.budhibbs.com
a consumer advocate website that helps you deal with illegal collection attempts.
Collection Agencies do not want you to know about this site as it exposes all the nasty illegal tricks they try to use. You can get access to attorneys and some free advice.

Send them the DEBT VALIDATION LETTER
IT IS UP TO THE COLLECTION AGENCY TO PROVE THE DEBT IS YOURS!
If SOL is 5 years in FL - they cannot sue you - if they try - they probably lied on court documents, not uncommon with Junk debt buyers

If they never sent any letters and immediately started the collection with threats to sue - that is illegal.

If they do go to court - YOU HAVE TO SHOW UP - or you will get a default judgement.




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#3 Consumer Suggestion

OOPs! Sorry, let me clarify. . .

AUTHOR: Pardel - (U.S.A.)

The credit card company has 10 years to collect once they have a judgement against you. Depending on the state you live in the credit card company has 3 to 5 years to collect before it reaches the statue of limitations. For instance: Kansas has 3 years for a credit card debit (known as an 'open account') to reach the SOL or Georgia has 4 years for the credit card debit to reach the SOL. However, if the credit card company has a 'judgement' against you then it can be 10 years before it reaches its SOL and the 'judgement' can be renewed. In the state of Texas however a credit card company has no recourse, they can get a judgement against you but really have no way to enforce the judgement since the state of Texas does not allow for wage garnishment unless it is child support or taxes. Texas is the only state I know of that does not allow for garnishment of wages.
Do remember, regardless as to the SOL, if a collections suit is filed and you do not show for the hearing the company receives a judgement against you by default once the judgement is in place against you then you cannot use the SOL as a defense . The judgement stands!
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#4 Consumer Suggestion

OOPs! Sorry, let me clarify. . .

AUTHOR: Pardel - (U.S.A.)

The credit card company has 10 years to collect once they have a judgement against you. Depending on the state you live in the credit card company has 3 to 5 years to collect before it reaches the statue of limitations. For instance: Kansas has 3 years for a credit card debit (known as an 'open account') to reach the SOL or Georgia has 4 years for the credit card debit to reach the SOL. However, if the credit card company has a 'judgement' against you then it can be 10 years before it reaches its SOL and the 'judgement' can be renewed. In the state of Texas however a credit card company has no recourse, they can get a judgement against you but really have no way to enforce the judgement since the state of Texas does not allow for wage garnishment unless it is child support or taxes. Texas is the only state I know of that does not allow for garnishment of wages.
Do remember, regardless as to the SOL, if a collections suit is filed and you do not show for the hearing the company receives a judgement against you by default once the judgement is in place against you then you cannot use the SOL as a defense . The judgement stands!
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#5 Consumer Suggestion

"Pardel", needs some education regarding SOL...NOT 10 years!

AUTHOR: Steve - (U.S.A.)

"Pardel",

Where did you get that 10 year idea for SOL? Please explain.

The SOL for collections is different in every state, and the OP is in Florida, where the SOL is 5 years on credit card debt.

>>>
Submitted: 10/6/2008 7:37:53 AM
Modified: 10/6/2008 7:50:58 AM Pardel
Bernie, Missouri
U.S.A.

Debt over 9 years ago? Providian only has 10 years to collect on a credit card debt!
It is quite obvious as to why you are being hassled for this debt now... A creditor has 10 years to collect on a credit card debt. Your account is getting close to the statue of limitations! If you make contact with them, like a letter, ect, or make any payments on this debt it then restarts the 10 year process.

>>>
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#6 Consumer Suggestion

Debt over 9 years ago? Providian only has 10 years to collect on a credit card debt!

AUTHOR: Pardel - (U.S.A.)

It is quite obvious as to why you are being hassled for this debt now... A creditor has 10 years to collect on a credit card debt. Your account is getting close to the statue of limitations! If you make contact with them, like a letter, ect, or make any payments on this debt it then restarts the 10 year process.
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#7 Consumer Suggestion

Debt over 9 years ago? Providian only has 10 years to collect on a credit card debt!

AUTHOR: Pardel - (U.S.A.)

It is quite obvious as to why you are being hassled for this debt now... A creditor has 10 years to collect on a credit card debt. Your account is getting close to the statue of limitations! If you make contact with them, like a letter, ect, or make any payments on this debt it then restarts the 10 year process.
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#8 Consumer Suggestion

Debt over 9 years ago? Providian only has 10 years to collect on a credit card debt!

AUTHOR: Pardel - (U.S.A.)

It is quite obvious as to why you are being hassled for this debt now... A creditor has 10 years to collect on a credit card debt. Your account is getting close to the statue of limitations! If you make contact with them, like a letter, ect, or make any payments on this debt it then restarts the 10 year process.
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