Eagle Recovery & Asset Acceptance, LLC Providian Financial Trying to Collect debt they already paid off for me Peoria Illinois
Ok, Here goes: I just got off the phone with Eagle Recovery and also Asset Acceptance Assoc.,Inc. They have contacted me saying I opened a Providian Bank Charge Card in Aug. of 2000. I can't remember this card and asked them to tell me what was charged and if it was mine, I will make arrangements to pay off the debt I owed to Providian. They could only give the Principle amount to me as $1146.10 and that was the amount owed when Asset BOUGHT my debt from Providian. I got a letter in the mail from Eagle Recovery Associates, Inc. yesterday saying I owe them $2122.40, so I call and tell them, in 2000 I was in college in Broken Arrow, Ok and I had very bad credit from my younger years, I couldn't have possibly gotten a credit card for more than $300 limit if at all!! I honestly don't remember if I got this card or not. I remember all my credit cards from the age of 18 and this one is not one I clearly remember. But, they say I made a couple of payments on it and then,...nothing! Maybe, I don't know. So, I'm trying to find out more infor and they cannot help me see that it was mine, or the amount that was originally charged so it might jog my memory. I have moved 4 times since then, as my husband was in the US ARMY. I never got contacted until we moved here as far as I remember. My question is this: IF Asset 'bought' and paid off my debt with Providian, why am I still responsible for it? I mean, "Thank you, Asset for paying off my debt!" Now, why isn't that considered a gift from them instead of a new debt I owe them when I have no contract with them? Do you see what I am saying? If a company pays my debt that I owed to the debtor, why am I responsible for it anymore? Why is that not considered a gift from Asset to me? I didn't ask them to pay it. Why should I now have to pay them for it with ALOT of interest and fees stacked on top of what was originally owed? And another thing, the statute of limitations for Oklahoma for any debt written or oral is 5 yrs. from the time it goes into collections. Mine went in on May 23rd, 2001. Who can help me understand what letter to write to these people? Thanks!
Mindy
Sanford, North Carolina
U.S.A.
3 Updates & Rebuttals
Dave Wave
ann arbor,Michigan,
USA
Eagle recovery associates
#4General Comment
Mon, October 03, 2016
TO WHOM THIS MAY CONCERN
REGARDING CLAIMS MADE BY EAGLE RECOVERY
A phone call can be made by anyone claiming a valid debt. Always challenge it by requiring them to provide
a certified copy of the original signed application and a certified copy of their purchase of the debt.
chances are they do NOT have them.
The reason for requiring the certified application is for you to verify your signature.
My Ex signed mulitple credit card applications in my name, maxed out the cards and I
never saw the bills as I was at work.
When they tried to collect, I required production of the original applications to verify my signature.
When I received those applications, I sent them back a registered letter with copies of my signature
on my drivers license, vehicle titles, Soc. Security card, lease aggrement etc., all of which proved
that the applications for credit were fraudulent. Upon me submitting said proofs, they never mailed
or called me again.
Honestly, Dave F.
skatardrummer
Michigan,Agencies
#4Consumer Suggestion
Wed, November 12, 2014
Hi Mindy,
Unfortunately, nothing in life is quite free. Your debt hadn't been paid off unless it was paid by you. As you said, it was likely sold to another creditor. Thinking realistically, why would someone you don't know pay your debt for you? Sometimes companies will do this two and three times in order to collect on a debt. When you owe a debt to the original company, after a certain amount of time of being unable to collect, they will give it to a collection agency. They will have to pay this collection agency to try and collect on their behalf. If this is unsuccessful, sometimes your account will be given to a second placement agency, or sold. If your account is sold, payment is accepted by the originating company for much less than the original debt and that amount is by the company they sold the debt to. The company who bought your account will have the chance to collect the full debt or most of the debt at a profit for what they paid for the account to the original creditor. If the original company is paying a collector and you don't pay your debt, but they choose not to sell the account, they can either write off the balance or choose to sue you for the balance. The third party company, if your account was sold, can do the same if they lik.
If you do not know if a debt is valid and can prove it, you can file it on your consumer credit report. If you have no proof and don't believe it's valid, you can still try to file, or you can ignore it (at expense of your FICO score). If they do decide to take you to court, you can say that you are unaware if you owe the debt or not. They have to prove to you that you owe the debt in court. It is not up to you to prove that you don't unless they offer evidence. If they can't prove you owe the debt, they may choose to settle or throw it out. You can also write the creditor before it gets to that point and ask them to povide you documentation of the debt.
Good luck!
Laurie
Haslet,Texas,
U.S.A.
STOP CALLING THE COLLECTION AGENCIES - STAY OFF THE PHONE
#4Consumer Suggestion
Tue, January 06, 2009
Never ever try to negotiate with a collection agency! They will only lie to you!
EVERYTHING IN WRITING - CERTIFIED MAIL RETURN RECEIPT so you have proof
Send Debt validation and Cease Communications letters ASAP
Do not sign your name on these letters, they can and do use signatures to falsify documents.
They have to prove the debt is your first - Send them debt validation demand and cease communications letter.
There is a statute of limitations on debt and you need to check your states laws regarding this debt - It may be too old for them to collect - it won't stop them from trying - so YOU HAVE TO BE VERY CAREFUL
1. Go to this website http://www.budhibbs.com/index.html
Collection agencies do not want you to know about this site - it exposes all the ILLEGAL tricks they use.
This is a consumer advocate site that specializes in debt collections and you need to LEARN THE CORRECT WAY TO DEAL WITH THEM - Go to Dealing with Collectors 101 (you have to scroll down to it)