• Report: #188359

Complaint Review: Goldsmith & Hull - Unifund - Providian Bank

  • Submitted: Mon, April 24, 2006
  • Updated: Sat, June 27, 2009

  • Reported By:San Mateo California
Goldsmith & Hull - Unifund - Providian Bank
16000 Ventura Blvd., Suite 900, Encino, California U.S.A.

Goldsmith & Hull - Unifund - Providian Bank Ripoff Harrassment by using threats of legal actions against a credit card debt long overdue Encino California

*Consumer Comment: Resetting the clock

*Consumer Comment: CLUELESS Bart

*Consumer Comment: RE:

*Consumer Comment: Clueless in California.

*Consumer Comment: REBUTTAL IS NON FACTUAL

*Consumer Comment: About to fall off???

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I received a letter today in the mail from the afore stated collection agency aka law office of the Goldsmith & Hull on b/o Unifund CCR Assignee of Providian Bank. This is regarding a long overdue credit card debt from 2001. This has been reported in my credit history as being negative account since then and is about to fall off. Now they are trying to reaffirm the account after so long.

The letter states that "the amount will increase from this date forward." It also states that "if the payment is not received within 30 days and further legal action becomes necessary, appropriate measures will nbe taken against you, not only for the principal amount due, but also for court filing costs, interest, attorney's fees if applicable."

It also states the Rosenthal Fair Debt Collection Practices Act and the Federal Fair Debt Collection Practices Act stating "they may not harrass you by using threats of violence or arrest or by using obscene language". For me this is a threat, they're threatening to take me to court for a debt that I thought would get off my back and I'd been able to carry on with my life with renewed financial know how. Is this fair? I mean they just want to extort money from you with threat of more fees upon fees and ruin my credit again by re-affirming the debt, if at all they can do that. I've also contacted the credit reporting agencies regarding this debt. This debt has been reported twice under "negative account" already. Now it has been sold to a third jerk offs and they'll again report the same credt thrice and many more to come....where does this stop...is there any hearing for this kinda thing.....I'm in a dilemma .....any suggestions would be appreciated......

Sam
San Mateo, California
U.S.A.


This report was posted on Ripoff Report on 04/24/2006 04:14 PM and is a permanent record located here: http://www.ripoffreport.com/r/Goldsmith-Hull-Unifund-Providian-Bank/Encino-California-91436/Goldsmith-Hull-Unifund-Providian-Bank-Ripoff-Harrassment-by-using-threats-of-legal-a-188359. 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 6Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Resetting the clock

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

I am no way an expert on issues such as this since I have never been in your situation, however I have helped a few people clean up their past creidt woes and have a few suggestions. First you must realize that these credit agencies will do anything to get you to pay something, especially if you are approaching the statue of limitations. If you pay anything now, it will reset the clock to zero and then the debt will be yours for a full term until the new statue of limitaions date. However, I see it that you have 2 choices now that the debt is old. Negociate a reduced payoff amount or just ignore it and get it removed from your credit report. If any agency reports you to the Big 3 after the statue of limitations, you can contest that and they will then have to provide information that the debt is real. If it is past the statue, then they will not be able to do that and it will be removed. The best way to clean up your credit in my opinion is to subscribe to a credit watch subscription, which is pretty cheap either for 3, 6, 12 months or pay a monthly fee. Contest every delinquent debt, there is no charge for how many and this shifts the responsibility to the debtor to provide information to the Big 3 credit bureaus that the debt is legit, and relieves you from having to argue with agencies that simply will not listen to 1 word you say, unless it contains a option to pay. Good luck, clean this up, someday you will need a high credit score.
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#2 Consumer Comment

CLUELESS Bart

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

IF YOU AGAIN WOULD LOOK UP YOUR FACTS FOR A WRITTEN CONTRACT IT IS 4 YEARS FROM THE DATE OF DEFAULT AND 2 YEARS FOR A VERBAL, IN MY CASE MY IDENTITY WAS STOLEN AND THERE WAS NEITHER A WRITTEN THEY CAN PROVE OR A VERBAL.

THEY CANNOT COLLECT FOREVER BASED ON THE FAIR CREDIT AND DEBT COLLECTION. THATS WHY WE HAVE LAWS WITH TIME LIMITATIONS.

(((link redacted)))

SO NO THEY CANNOT COLLECT FOREVER

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.
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#3 Consumer Comment

RE:

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

The statue of limitations for credit card debt is California is four years.....This means that they have four years starting on the date that you defaulted (I assume 2001) to take any legal action against you. This would mean that since 2005 they cannot take legal action against you as this debt is outside of the state of limitations.

Collection agencies can still try to collect even thought a debt is outside the statue of limitations, but they can no longer take any legal action. Their actions are limited to harassing you by phone or using bogus scare tactics....tactics which often work quite will for people who don't understand issues like the statue of limitations.

IMPORTANT: Do not make the mistake of letting them scare/harass you into making any sort of payment on this account, no matter how small...Making a payment on this account would re-start the statue of limitations clock, which would be a disaster for you.

DO NOT let them scare you with bogus treats like arrest or wage garnishments for debt that is outside the statue of limitations. They've lost this power over you since 2005.....At this point they will try to scare you into paying them. Don't fall for it.

I would send them what is known as a "Cease Communications" letter, explaining that per the Fair Debt Collections Act you do not what to be contacted anymore regarding this matter and that you understand that this debt is outside of the statue of limitations.

Regarding your credit file...this negative notation can stall on your credit file for seven years, the clock starts when you first became delinquent...which in this case is probably 2001.....This means that this negative info can stay on your report for one more year until 2008. There is nothing you can do about this other than to wait and let it fall off naturally.

I would strongly recommending monitoring your credit report often... sleazy collection agencies are notorious for changing the date of last activity on your credit report in order to make the negative info stay longer, or to re-set the statue of limitations.

Good Luck.
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#4 Consumer Comment

Clueless in California.

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

You are the one who is incorrect.
Collection agencies can attempt to collect an outstanding debt FOREVER if they want.
They can only SUE a debtor for collections within a time period of "X" number of years. Once that time has expired, they can still try to collect the debt but under much more difficult circumstances. That's why they act the way they do with hollow (illegal) threats and the like.
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#5 Consumer Comment

REBUTTAL IS NON FACTUAL

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

Aafes
Viernheim, Europe
U.S.A

YOUR WRONG THERE IS A LIMIT FOR COLLECTIONS WITH THE FAIR DEBT AND COLLECTIONS BASED ON THE STATE YOU LIVE IN, THEY CANNOT COLLECT FOREVER OR THEY CAN BE FACED WITH A LAW SUIT

CONFIRM THIS INFORMATION YOURSELF

credit-repaircentral.com/statuteoflimitations.html

BUT AS FAR AS STAYING ON YOUR CREDIT REPORT, IT WILL STAY THE STANDARD
7 YEARS UNLESS YOU CAN HIRE A COMPANY TO FIND A METHOD OF REMOVAL
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#6 Consumer Comment

About to fall off???

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

About to fall off your credit report for a debt from 2001??? Negative entries remain on your report for 7 years, this entry can remain until 2008.

So, you used the credit card and walked away without paying. That is no better than stealing money from your mother's purse. But you have to live with it.

They can try to collect forever, there is no limit on that. They cannot,however, sue you after the statute of limitations expires. This is how you should respond to them. They are using the lawsuit threat to pressure you. If you have decided you aren't going to pay, ever, you need to research the statute of limitations and send them a response reminding them of that.

Be careful to know which state you are dealing with when researching this. Most credit card agreements state they are enforced under the laws of XXX state, usually where the company is located - this is the state the statute of limitations will apply in as you tacitly agree to this in signing the cardholder agreement.
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