Providian - settled
Thursday, January 08, 2004
Talked with Gloria at Providian again
The answer is due tomorrow, after 6 months of extensions.My previous postings on Providian
Gloria relayed to me their $1,500 settlement offer, with a confidentiality agreement. Yeah, when hell freezes over.
The Providian attorney in charge thinks it's $1,000 per violation. I don't look at it that way, but considering the number of disputes, their offer should have been much higher according to their own method of calculating.
$500 of their offer was for legal fees, the work I do myself. What they and most others probably don't realize is that I already have over $3K in actual expenses for legal resources and services.
I really would like to find out WHY this discharged account just could not be reported correctly, why my direct dispute with Providian was ignored, why they reported the account to Equifax twice, why the bk dates were reported incorrectly (that's also a Capital One issue) and why the account was all of a sudden reported delinquent (screenshot in previous posting) and reaged!
Those are the things I'd like to know and Providian has no answers. They can't locate their records.
The CRAs claim that they only report what creditors submit.
My conclusion:
The Providian credit reporting procedures MUST be flawed. The only other explanation is that they purposely reported incorrectly just on my credit. And that's unlikely. Especially since I've seen my share of Providian ridiculous reportig on my readers' and clients' reports.
Well, since Gloria is such a nice person, I gave them another week and I offered to settle for $12K with a confidentiality agreement.
But I just the same have Providian answer and find out through discovery what their procedures are and what the heck is going on.
Tuesday, December 16, 2003
Providian extension to 1/9/04
Just got a Providian fax, this is very odd. The other defendants wanted a signed stipulation for filing with the court, the feds filed a motion for an extension with the court, Providian simply sent me a "call summary" - that's what I tell my readers to do when they can't get written promises from creditors and collectors."This letter confirms our discussion yesterday ...."
Whatever works for them.
Monday, December 15, 2003
My dispute directly with Providian
I forgot all about that, never received any response and they sure didn't fix it!"July 28, 2002
Re: Dispute of credit reporting
To Whom It May Concern:
I hereby dispute the credit reporting of account 4428000416001... on my Experian report.
You are reporting incorrect dates for the bankruptcy. As per Fair Isaac, EACH date and balance, whether reported or not, factors into my credit scores."
I'm beginning to think my offer was too low.
What happened with Providian?
"11/25/03 79 WAIVER of Service of summons and complaint upon dftProvidian ; waiver sent on 9/15/03 (sat)"
Looks like their answer was due a month ago. Don't see it on the docket, didn't get anything in the mail.
Talked with Gloria at Providian
Providian hasn't answered because they want to settle and apparently they forgot to contact me about that. Gloria got some dispute info on Equifax, and I just now saw why she said that they found disputes of "not my account." Providian had reported the account TWICE, and verified with Equifax.The scan of the Equifax investigation results stating that the duplicate accounts are reported "correctly."
Unfortunately, Providian has nothing on Experian, and Experian is the major issue.
Experian reported the Providian account with a delinquent balance and re-aged the account to report as defaulted in 7/02 and to be reported until 7/09, while it should have been deleted just a few months later.
As of 8/03 Experian NO LONGER reports how the accounts are aged off the reports. They always used to provide the "This account is scheduled to continue on record until ..." notation as you can see in the screenshot below and apparently that made it too easy for consumers to sue for re-aging of accounts.
You can't sue for what you don't know!
Additionally, Providian kept reporting the account with NEW bankruptcy dates throughout 2002, despite my numerous disputes.
I agreed to give them until 1/9/04 to answer and I offered to settle for $15K.
Below is the annotated screenshot of the 1/03 Providian reporting:
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