topic Re: Weird Call this Morning Saying I'm Going to be Sued in AZ! in General Credit Topics

Weird Call this Morning Saying I'm Going to be Sued in AZ!

derrickv — Wed, 25 Jun 2008 15:00:02 GMT

Good Morning Everyone!!

I recieved a call this morning at 7:10am (AZ time). They left a message on my machine. It was from Todd the supervisor of Fortis Financial. He wanted to clarify some information reguarding an account from Providian. He stated if I dont call him back by Friday that his client instructed them to file a civil suit in Apache County where I live and that they would not hesitate to do so.

I dont even remember when I had my Providian acct. It hasn't showed on my reports for a few years now. I know I recieved it 01'-02' but I dont remember the exact time. Back then I knew nothing about credit and didn't care about it. When I recieved that card, I paid maybe the first months payment then never paid again.

Im really confused and worried about what to do!

Do I call him back?

How do I find out the info I need from the acct. to determine the SOL?

Please give me any advise on what to do!

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

llecs — Wed, 25 Jun 2008 15:24:05 GMT

First off, save that message!!! Take a picture of your caller ID and save the message for collateral. They violated section 805(1) of the FDCPA by calling prior to 8am.

Second, never call a CA!!!!!!

Next, dig deep and look for any and all records from this Providian account. Figure out exactly when you made that last payment. Likely, 60-90 days after you paid is the established DOFD. It is from that date plus up to 6 years that you are liable and can be sued. To see what your CRs say about it, pull TU and/or EX and subtract 7 years from the removal date and you'll have DOFD also.

SOL in AZ for open accounts (CCs) is 3 years, meaning they can't sue and win if you defend yourself. However, some courts see CCs as written, therefore SOL would be 6 yrs. If you got the CC in mid-2002, then you may just be inside SOL and you can be sued.

DV Fortis, yesterday.

Also you may want to check with resources like AZDFI's website for more info to see if Fortis is licensed and check Fortis' state to see if licensing is required there.

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

derrickv — Wed, 25 Jun 2008 15:35:21 GMT

Thanks for the response!

I already pulled all 3 reports from True Credit. Neither Providian or Fortis are on them.

I've also already looked up and down for those statement or for anything regarding Providian and cannot find anything.

My wife is telling me that I had that card opened in 2000.

Is there any other way I can find out the exact dates?

Where would I find a address to DV them?

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

Anonymous — Wed, 25 Jun 2008 16:06:47 GMT

They are on a fishing expedition. Do not call back.

If you happen to answer the phone should they call back, let them speak and then politely tell them that you dispute the debt and request validation. Ask the caller if they understood what you just told them and simply say good-bye and hang up the phone.

They will try to elicit personal information from you. You are under no obligation at this time to provide them anything. Do not provide them with your personal information.

I have had a similar situation a couple months ago and I am still waiting for validation. It took me several times to have them understand that I dispute the debt and stop calling my number.

If there is no information on your credit report about this debt than I totally agree with the notion that the statue of limitation has expired

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

llecs — Wed, 25 Jun 2008 16:16:59 GMT

derrickv wrote:
Thanks for the response!

I already pulled all 3 reports from True Credit. Neither Providian or Fortis are on them.

I've also already looked up and down for those statement or for anything regarding Providian and cannot find anything.

My wife is telling me that I had that card opened in 2000.

Is there any other way I can find out the exact dates?

Where would I find a address to DV them?

I looked around for Fortis and couldn't find any info. If you have caller ID, maybe you can work backwards through that number. This is a toughy...Providian is out of the picture. Sounds like they may have sold their debt not to WAMU but rather Fortis or Fortis Capital. If Fortis is the OC, you can't DV. But if they are the CA, then DV if possible. Also, per the FDCPA, if a CA gets your info to collect on, they must, by law, send you written notice 5 days following getting that info saying how much you owe and the OC name. ........But Fortis called about their "client"...Fortis has to be a CA.

Check around with AZDFI and you might be able to get an address from them. If the debt is from 2000, you are in the clear. If any summons comes, answer it. Also, Timothy (Moderator) is from AZ and maybe he can give some insight.

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

derrickv — Wed, 25 Jun 2008 19:31:02 GMT

Well I tried looking up Fortis Financial Group and didnt come up with anything.

The numbers they are calling from:

(716) 204-0998

(716) 204-0763

(716) 204-0987

I tried a reverse lookup and directory assistance but all I got was they are located in Williamsville, NY.

When they call again should I ask them for their address to send a DV?

Or dont talk to them at all?

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

llecs — Wed, 25 Jun 2008 19:58:52 GMT

Found them.....

http://www.budhibbs.com/debtcollectorpages/delta_group.htm

They had changed their name recently from Delta Group to Fortis Financial (not to be confused with the legit Ins. company)

Don't talk to them. Don't accept any calls from them.

I would DV them within 5 days if you haven't received a written notice from them (by law, they must sent one to you). Also save any messages and I'd even take a picture of your caller ID. Be clear in your DV that they are to stop all calls.

If this is within SOL, then save, but you mentioned 2000 which puts you out of reach. Also, threatening to sue is illegal and a prohibited act of the FDCPA. Fortis is a JDB. IMO, I wouldn't worry. Just keep on your toes.

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

derrickv — Wed, 25 Jun 2008 20:23:32 GMT

llecs, You are awesome!

I wasn't able to find them to same my life.

I am getting my DV letter ready and will be sending it out tomorrow morning.

Hopefully I am out of SOL.

We will see what happens.

Thanks again!

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

Anonymous — Wed, 25 Jun 2008 21:28:41 GMT

@llecs wrote:
Found them.....

http://www.budhibbs.com/debtcollectorpages/delta_group.htm

They had changed their name recently from Delta Group to Fortis Financial (not to be confused with the legit Ins. company)

Don't talk to them. Don't accept any calls from them.

I would DV them within 5 days if you haven't received a written notice from them (by law, they must sent one to you). Also save any messages and I'd even take a picture of your caller ID. Be clear in your DV that they are to stop all calls.

If this is within SOL, then save, but you mentioned 2000 which puts you out of reach. Also, threatening to sue is illegal and a prohibited act of the FDCPA. Fortis is a JDB. IMO, I wouldn't worry. Just keep on your toes.

Okay, I'm asking because I have a similar situation we're dealing with and TBH, I'd ike to know if I just shot ourselves in the foot:

DH had a CC in college (actually, SEVEN of them -- it's criminal the way they gave out CCs to college kids like it was candy!!), he went delinquent in '94. Fast forward to '99, it was on his CRs, we found it, paid it off in full with the OC. We asked them to pull from CA, they agreed and did.

Now, flash forward to '06. We get a nasty gram in the mail from Arrow Financial who states that THEY now own the debt and they want it NOW, plus about $3K in interest, fees, etc (total of $5K, now on originally a $1500 debt). They do mention that they bought the debt from the other CA (the one who reported it way back when).

The problem-o: We paid the OC, got a generic receipt and that was IT. No statement saying "Paid in Full" ... so technically, we have NO proof that we paid this stupid thing.

So the basic facts are: the debt went delinquent in '94 (opened in '90), paid off in '99 (I'm pretty sure that we were out of SoL at the time ... but I didn't think of that THEN), off DH's CRs in roughly 2002. Now, over 10 years after the fact, Arrow comes sniffing on a debt that's not only out of SoL, but is off our reports, and is paid anyway (though, again, we have no proof -- stupid, stupid me). They've even offered us a "settlement" amount of $3K (so generous, right??!).

So why should the OP DV a debt that's so old it's not even an issue other than the harassing crap? We've just been ignoring ours (and yes, giggling at Arrow since they're obviously igits of the nth degree for trying to collect on such an old debt with no chance)!

Are WE doing something wrong? This is a substantial amount of $$ (especially since we already paid it!!!!!) and I really don't want to goof it up.

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

llecs — Thu, 26 Jun 2008 02:22:06 GMT

Don't get me started on Arrow!

Like a rite of passage through collegedom, DW and I both appd for CCs just for the free T-shirts. We charged off thousands, or rather the CCCs did. Thankfully we paid all of that off, eventually. Well one of the CCs in the tail-end of that haze was my 1st Premier. It went CO'd for $300. Then it went from CA to CA. So we settled via phone for the org. amount due with some interest. Not knowing any better, the debt difference (another $300) got sent to Arrow. Arrow Financial Services doubled the fee so now they say I owe $600. All the while I ignore them because I had a copy of my cancelled checks and the org. settlement offer from one of the other CAs. One year later, Arrow doubles again and they say I owe over $1200.

The debt continued to stick and they re-age it so as to report for 8 stinkin' years. I happened upon this site in August and wised up. I knew that TU and EX were going to drop real soon (and all are fully gone of each CRA today). I was patient. They never called me (didn't have my number) but did send letter after letter after letter. Still have all of them. They threatened and threatened. They were all talk and no walk. There, done with my Arrow rant.

So, I hear you have an Arrow Financial problem.....

Your's with Arrow is old. OP's, due to no records and some date uncertainty and being newer, could possibly by within SOL. OP mentioned first 2001-2002. At 2001, he could easily be within CRTP. At 2002, he may still be within SOL. OP later said 2000, and that would completely clear him.Yours is beyond both SOL and CRTP for sure (unless they try to re-age).

Arrow is just blowing hot air. Ignore them, but keep everything from them. Make sure they are not reporting and make sure your SOL has past. It has been 9 years. Only a couple states have a greater than 9 yr SOL.

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

Anonymous — Thu, 26 Jun 2008 02:41:47 GMT

Ah, gotcha. Sorry for being so interrogative, but I was worried that we screwed up somewhere. That is NOT a debt we want to pay AGAIN. Especially with a bunch of *bleeping bleeps* like Arrow.

You know, only once did they call us ... the guy on the other end told me that he didn't give a s-word WHO we paid, they owned the debt and we had better pay them NOW (this was about 6 years ago -- the original debt with the original CA had already fallen off). He even went on to say that he would, because I sounded like such a nice lady who was being "deceived by" her loser husband (I assume because he accrued this debt??), ALLOW me to settle the debt (and save my loser husband from a law suit) for $3K.

I'll tell you ... I was soooo close to grabbing a looping knife and hopping on a plane at that point, but instead I told him that we didn't owe the money and that he could go discuss this with CitiBank (the OC we paid) and hung up on him. You should have heard how upset he was as I told him that!! Good thing I hung up on him, my mama wouldn't appreciate my hearing the kind of language I'm sure I heard him shouting at me!!

Though it would be worth it to see her blister his keister with a hickory switch!!

Re: Weird Call this Morning Saying I'm Going to be Sued in AZ!

Anonymous — Thu, 26 Jun 2008 03:45:46 GMT

AZ courts treat CC's as contract law- so 6 years

Licensing is required in AZ_

http://www.azdfi.gov/Lists/CA_List.HTML

llecs wrote:

First off, save that message!!! Take a picture of your caller ID and save the message for collateral. They violated section 805(1) of the FDCPA by calling prior to 8am.

Second, never call a CA!!!!!!

Next, dig deep and look for any and all records from this Providian account. Figure out exactly when you made that last payment. Likely, 60-90 days after you paid is the established DOFD. It is from that date plus up to 6 years that you are liable and can be sued. To see what your CRs say about it, pull TU and/or EX and subtract 7 years from the removal date and you'll have DOFD also.

SOL in AZ for open accounts (CCs) is 3 years, meaning they can't sue and win if you defend yourself. However, some courts see CCs as written, therefore SOL would be 6 yrs. If you got the CC in mid-2002, then you may just be inside SOL and you can be sued.

DV Fortis, yesterday.

Also you may want to check with resources like AZDFI's website for more info to see if Fortis is licensed and check Fortis' state to see if licensing is required there.