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Report: #343373

Complaint Review: Providian Bank - Nationwide

  • Submitted:
  • Updated:
  • Reported By: JOPLIN Missouri
  • Author Confirmed What's this?
  • Why?
  • Providian Bank providian.com/ Nationwide U.S.A.

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I had opened an account with providian and then in may of 2001 I lost my job, I was then told by Providian that they don't offer the special insurance that covers your payments when you loose your job even though I signed up for it. Well at that point I could not make my payments so in early 2002 I had noticed that they had listed my account as a bad debt and charged it off. Then last yr 2007 I had an attorney contact me about my debt with Providian Bank and telling me I had to pay the balance or go to court and get ordered to pay, I told them under Federal Law once a debt was charged off they could not come after me or even sell my debt it was against the law. Now as of this month I have a company called Fortis Financial based out of New York, hounding me, giving out information to people that have no business knowing my business, this is against the privacy act. I have been told that there is a Civil Action against me if I don't pay the amount owed to Providian Bank, I in return informed them that it was already listed as a charge off, and that by law they could not take me to court to recover the debt, the firm that was hired by Providian was not aware of this and from what I gather do not want to go any further with this because Providian was not forth coming with them about this information.
I will never do business with these people again even if I have good credit, they are liaers and theives.

James
JOPLIN, Missouri
U.S.A.

This report was posted on Ripoff Report on 06/23/2008 06:32 PM and is a permanent record located here: https://www.ripoffreport.com/reports/providian-bank/nationwide/providian-bank-charged-of-account-in-2002-and-now-trying-to-sue-me-for-what-was-charged-of-343373. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
3Consumer
0Employee/Owner

#3 Consumer Suggestion

Charge-off is an accounting entry. Did you receive a 1099 and pay taxes on the chargeoff?

AUTHOR: J G Shrugged - (U.S.A.)

POSTED: Tuesday, June 24, 2008

That usually is a sign of a debt that has been forgiven - a 1099 at year end. I've never seen anyone other than collection agencies and maybe mortgage companies issuing them. Not credit card companies.

So just because it was charged off doesn't mean that it still isn't owed. We charge off bad debts at work on a regular basis, only to to show payments on it as income later.

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#2 Consumer Suggestion

You are mistaken.

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

POSTED: Tuesday, June 24, 2008

""Well at that point I could not make my payments so in early 2002 I had noticed that they had listed my account as a bad debt and charged it off. Then last yr 2007 I had an attorney contact me about my debt with Providian Bank and telling me I had to pay the balance or go to court and get ordered to pay, I told them under Federal Law once a debt was charged off they could not come after me or even sell my debt it was against the law.""

Utter rubish! There is no such law. A charged off debt can be sold, bought, collected and sued for. Who gave you this absolutely incorrect information? A charge off is a book keeping requirement for businesses-to protect INVESTORS from unscrupulous businesses-it prevents a business from listing "bad" debts as viable assets under "receivables."

""giving out information to people that have no business knowing my business, this is against the privacy act.""

The Privacy Act deals with government agencies and government employees. You are mistaken again.

""I have been told that there is a Civil Action against me if I don't pay the amount owed to Providian Bank, I in return informed them that it was already listed as a charge off, and that by law they could not take me to court to recover the debt,""

You are mistaken.

I do note that this debt is from 2001. The statute of limitations may be expired. The SOL for open accounts in Missouri is 5 years, for written contracts it's 10 years. IF the SOL for this debt is 5 years, an expired SOL is an absolute defense for you if they sue you, but you must assert this defense-the court will not assert an expired SOL defense for you. You should check with your state Attorney General Office or your state dept. of consumer affairs to assertain which SOL standart applies to this debt. IF the 10 year SOL is applicable, they are well within rights to sue you for this debt.

Good luck.

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#1 Consumer Comment

I believe you are mistaken

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

POSTED: Monday, June 23, 2008

Can you please look up the Federal Law that states a creditor cannot sue you or sell your debt after they charge it off? When they sue you, you will need to provide which law it is to the judge. Unfortunately you will not find a law stating this because there isn't one. Someone gave you wrong information. The firm hired by Providian is not aware of that law because there is no such law.

If you keep telling the debt collector that, they may "walk all over you" because you didn't do your homework. Read other posts to find out how to deal with debt collectors.

No, I do not work for a collection agency or any creditors. I am merely a debtor.

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