Report: #494492

Complaint Review: Providian National Bank Card Visa

  • Submitted: Mon, September 14, 2009
  • Updated: Tue, September 15, 2009
  • Reported By: Jackie — Garner North Carolina USA
  • Providian National Bank Card Visa

    , New Hampshire
    United States of America

Providian National Bank Card Visa Tried to make me pay by post dating 5 checks New Hampshire

* : Totally agree...

* : Okay...

Show customers why they should trust your business over your competitors...

I received a call from a "Law office" concerning collection of a debt from more than 15 years ago.  They wanted to collect $640 for a visa card from Providian National Bank.  My limit at that time was only $300 and majority of that was a "processing fee".  I stopped paying.

Now they turned it over to a collection agency calling themselves a "law office" and threatened me.  I tried to get them to let me pay monthly payments of $50 a month.  They insisted that in order for them to allow me to pay monthly payments, I will have to issue them 5 post dated checks.  Two in the amount of $100 and three in the amount of $50.  I refused telling them that this is illegal and they can cash it anytime.  The "manager" was rude and demanding and insisted that it is illegal by the law and the law of the banking industry that he cash it before the date that is posted on the check.

He would not give me advice on the ramifications if I do not pay this debt as he stated he is not an attorney, but they are a law office.  He then told me "good luck - you're gonna need it" and hung up on me.

I called my bank and they told me it IS illegal to post date checks and if I were to do it, there is nothing to protect me from them cashing it all in one lump sum.

What are the ramifications if I do not pay this debt?  And is this debt true since majority of it is "processing fee"?  I don't remember, but I'm sure I have paid what I charged, (which wasn't much).


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Totally agree...

AUTHOR: Ronny g - (U.S.A.)

all true..and they can legally cash a post dated check. I had a Ford car dealer do that when I asked them not to cash it for 2 weeks. They agreed and I post dated it. They deposited the check right away and it caused an NSF fee. Ford did cover the NSF fee and apologize..but trust me this debt collector will do neither.
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AUTHOR: Robert - (U.S.A.)

Here is some very non-legal advise.

First of all it is not Providian who is contacting you it is a 3rd Party Collection Agency.  Providian was out of the loop when they Charged-Off your account 15 years ago.  They are most likely one of the various Junk Debt Buyers who buy up old and uncollectable debts in the hope to get people to pay.

If your debt is truly more than 15 years ago you are beyond the Statute of Limitations in all 50 States.  You are also beyond the time it can be reported on your Credit Report.  So the answer as to what they can do to you is nothing..unless they break the law.  If they break the law you can actually turn around and file suits against them.  You may want to read up on the Fair Credit Reporting Act(FCRA) and the Fair Debt Collection Practices Act(FDCPA) as to what a collector can and can not do.

The reason they want you to pay a small amount because that would reset the Statute of Limitations and they could then go after you for the full amount.  So what ever you do DO NOT pay or even agree to pay a single dime.  If they call again DO NOT provide them with any personal information such as your SSN.   In fact get their name and address in order for you to send a Cease Communications Letter to them.  In the letter you need to state that it is no longer legally collectible or reportable on your credit report.  That they are to no longer contact you.  Send it Certified with Return Receipt and do not sign it.

As to Post-Dated Checks, they are technically an "agreement" between the account holder and the receiver that they will not cash the check until a certain date.  However, as you were told the bank will ignore this and can cash it when presented.  Even if the date is in the future.

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