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Providian, Great Seneca and Westbury Ventures

Date: Mon, 04/23/2007 - 10:10

Submitted by ksinanis
on Mon, 04/23/2007 - 10:10

Posts: 37 Credits: [Donate]

Total Replies: 1


Does Great Seneca buy accounts from Providian? If so, would they're name be on the Wage Execution form I received instead of Great Seneca sine Providian would be the origional Creditor? My attorney is sure that Great Seneca is not trying to garnish my wages due to the PDL, however I am unconvinced. I do owe Providian money, but that account was from 6 years ago and I do not recall Great Seneca being a third party collector. Even so, acorrding to my attorney, Great Seneca sold all of their assets last year. I am very confused.

A few days ago, I sent Westbury Ventures a debt validation letter using a template I found from this site. Even though the Validation letter states for all contact from them to be made by email or USPS, I recieved a call from Westbury this morning: "Ma'am, please contact me as soon as you get this. I just got your email. You can call me at XXX-XXXX". What should I do about this? Here is the letter I sent them.

"Westbury Ventures
2756 N. Green Valley Pkwy., Suite 871
Henderson, NV 89014-2120




Quote:
Re: Acct Ref. # xxxxx, xxxxx,xxxx and xxxxx

To Whom It May Concern:

This letter is being sent to you in response to a notice a couple
entries by your company on my credit reports. Be advised that this is
not a refusal to pay, but a notice sent pursuant to the Fair Debt
Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is
disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address,
but a request for VALIDATION made pursuant to the above named Title
and Section. I respectfully request that your offices provide me with
competent evidence that I have any legal obligation to pay you
.
What do I need you to provide as the debt validation.
� What the money you say I owe is for;
� Explain and show me how you calculated what you say I owe;
� Provide me with copies of any papers that show I agreed to pay what
you say I owe;
� Provide a verification or copy of any judgment if applicable;
� Identify the original creditor;
� Prove the Statute of Limitations has not expired on this account
� Show me that you are licensed to collect in my state
� Provide me with your license numbers and Registered Agent
� Proof that the collection company owns the debt/or has been assigned
the debt. (You are legally entitled to collect this particular debt
from me.) This is basic contract law.
� Complete payment history, starting with the original creditor. (I
need to have proof of my payment history with original Creditor, what
the amount of the debt was when the creditor assigned the debt to your
company, and what fees/interest has been tacked on to this debt and
how you/they determined these fees.) This requirement was established
by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth
Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
� Copy of the original signed loan agreement or credit card
application. (My contract with the original creditor establishing the
debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported
invalidated information to any of the 3 major Credit Bureau�s
(Equifax, Experian or TransUnion) this action might constitute fraud
under both Federal and State Laws. Due to this fact, if any negative
mark is found on any of my credit reports by your company or the
company that you represent

I will not hesitate in bringing legal action against you for the following:
� Violation of the Fair Credit Reporting Act
� Violation of the Fair Debt Collection Practices Act
� Defamation of Character

If your offices are able to provide the proper documentation as
requested in the following Declaration, I will require at least 30
days investigating this information and during such time all
collection activity must cease and desist.

Also during this validation period, if any action is taken which could
be considered detrimental to any of my credit reports, I will consult
with my legal counsel for suit. This includes any listing any
information to a credit reporting repository that could be inaccurate
or invalidated or verifying an account as accurate when in fact there
is no provided proof that it is.
If your offices fail to respond to this validation request within 30
days from the date of your receipt, all references to this account
must be deleted and completely removed from my credit file and a copy
of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be
made by your offices to my home or to my place of employment. If your
offices attempt telephone communication with me, including but not
limited to computer generated calls and calls or correspondence sent
to or with any third parties, it will be considered harassment and I
will have no choice but to file suit. All future communications with
me MUST be done in writing and sent to the address noted in this
letter by USPS.

It would be advisable that you assure that your records are in order
before I am forced to take legal action. This is an attempt to correct
your records; any information obtained shall be used for that purpose.

Please read the enclosure for an opinion regarding matters such as
these from the Federal Trade Commission.
http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

Best Regards,"


Remember, Westbury Ventures is a loan company. They are not a collection agency, hence not bound to follow the fdcpa. Just ask for an itemized statement of your loan account so that you can go through it and pay the outstanding balance.

I will do some research on Great Seneca and find out if they are still into the collection business and have contacts with Providian. Be aware of the SOL part since you said the account is six years old and haven't done any payment recently. Any payment done recently will renew the SOL from the beginning.


lrhall41

Submitted by Trenity on Mon, 04/23/2007 - 10:41

( Posts: 505 | Credits: )