Need help in Florida

[USARembrs911]

What is the name of your state? Florida
My husband had 2 ccs w/ providian. This was back in 99. I have been receiving calls from this (attorney's office??) for about 3 months now. They always say they are going to start legal proceedings and on and on. Today I received a call and told them he didn't live here. He asked who I was and I told him a friend. He asked if I had a name I said if you are looking for ****** then you dont need my name. He said he would have me served with papers as well. I laughed and told him what ever, dont call back. He did. Left a message and sounded so professional on the machine. I have our credit reports (just recieved yesterday) and on them it states opened 7/01 which is incorrect it was opened in 98 and reported in 7/04. it shows charged off and account sold. then the other one opened 12/00 and reported 7/04. We have not made any promises to pay nor have we contacted them in any way. so that doesnt make sense to me on how they can change the dates. I know when all this happened b/c my husband (boyfriend at the time) was laid off and only had unemployment coming in to support the house including our young daughter. He has now been with his employer since 2000. HELP!!!
I have gone to the extent to think about chapter 7....

 

[Ladynred]

Ok, first, the 'date opened' is fairly irrelevant, especially the one used by the collection agency. All that tells you is when THEY bought the account. The important date is the 'date of last activity' from Providian.

Second, when was the last time any payments were made to Providian ??

FL has 4 year SOL on credit cards, 5 on written contracts. BOTH SOL's have expired if the cards were last paid in 1999. That means they cannot make you pay anything and IF they go so far as to sue, then you have an affirmative defense in the expired SOL to have the case dismissed !

IF the SOL HAS expired, all you need to do is send this scumbag collection agency a cease and desist letter telling them to get lost, the debt is time-barred.

 

[USARembrs911]

Thank you thank you LadyNRed

Ladynred,
I was beginning to make myself sick with worry. Having to take care of a new born and a 6yr old. That is stressful enough with out having to listen to this collection agency's threats. Let me ask you, Isn't it illegal for them to call your family members home, where you haven't lived in 8 years, and tell them about the debt in so much detail as to tell them your SS#? I would think that would be, because then if it wasnt your family membeers home then someone now has your first and last name, and SS#?
You now have see smiling again. Letting me know about the SOL. Now I kinda hope they spend all that money to take it to court just to be told by the judge The SOL has expired, Case dismissed!!!!!

 

[MamaLuna]

Ladynred is right on about the SOL and your last payment.

I believe the date opened does have something to do with your credit reports. It's called re-aging (and it is illegal). They do it to be able to continue to report negatively with the credit bureaus. Go to www.creditboards.com to find out about it and to get your reports cleaned up.

 

[Ladynred]

No, illegal re-aging is NOT based on the open date !

Illegal re-aging is when they try to change the delinquency date ! This 'date certain' is the date your account went continuously delinquent leading to placement for collections and/or charge-off. ONLY the OC would report that date, though you won't see it on most credit reports. The OC is REQUIRED, per the FCRA, to report this date of deliquency, as Congress intended to establish that date as the 'date certain' for the beginning of the reporting period. Once reported, NO ONE is allowed to change that date.

To answer your question, it IS illegal, a violation of the FDCPA, for a collector to be giving details to ANY 3rd party (except for a spouse). Once they have your contact and location information it is also illegal for the scumbags to be even CALLING anyone but you !