Complaint Review: Total Card Inc. - Sioux Falls South Dakota

After falling on hard times in 2002 and unable to pay my credit card bill to Providian, my account was cancelled in writing via USPS dated Sept 25, 2002 (have copy). I was then contacted by Primary Financial Services in writing on Sept 28, 2002 in an attempt to collect the debt. There was no legal action on the debt after that point, or collection effort,  until contacted by Wolpoff & Abramson, L.L.P. representing Palisades Collection LLC assignee of Providian National Bank, on Feb 26, 2007.

Since the Statute of limitations had expired, I contacted them via phone and in writing on June 7, 2007 disputing the validity of the debt and my protections under Cal SOL (Civ. Proc. Code 312 et.seq.) and FCRA (15 U.S.C. 1681 et.seq.) not to contact me again. They were provided 14 days to respond with any or all "written Media" to support their claim the debt was valid. I provided all documentation supporting my claim that it was not. I received a letter from Palisades Collection LLC on Sept 17, 2007 in response to my dispute, The letter documented the Creditor(s), balance, account number, SSN, Debtor #, Charge off date (1/31/2003), open date, thus verifying the debt to be over 4 1/2 years old and beyond the SOL.

Then comes an attempt to collect on the account from Mitchell N. Kay a collection company, representing Palisades Collection LLC as an assignee of Providian National Bank. I resubmit the same documentation sent to Wolpoff & Abramson, L.L.P. also representing Palisades Collection LLC assignee of Providian National Bank, and notify them with copies of the attempt to collect this debt by Wolpoff & Abramson, L.L.P. on August 2, 2007. I file a complaint with the FTC (#26203823) on April 20 2010 after being contacted again by Palisades Collection LLC on April 15, 2010 with a payment plan of the disputed debt.

A letter is sent to to Palisades Collection LLC on April 20, 2010 documenting the two attempts by Wolpoff & Abramson, L.L.P., and Mitchell N. Kay a collection company and a firm demand to cease and desist. Now comes Total Card, Inc. who represents Merrick Bank Corporation who purchased accounts from Providian. The letter received from Total Card, Inc. on Feb 1, 2013, states the original creditor is Providian, and the account number provided does not match the original Providian account nor does the balance.

a quick review of credit reports going back 10 years reveals no such account ever existed, nor was I ever given credit for, or applied for credit under the account number provided. I called the company and demanded the not contact me again concerning this account, and disputed it's validity. It would appear Total Card Inc. or Merrick Bank or Providian has created a new account number in an attempt to collect on and already disputed debt that is outside the Statute of Limitations, and is attempting to circumvent all demands and protections exerted in previous documented communications and have to wonder if this constitutes mail Fraud in addition to violating my rights under FCRA (15 U.S.C. 1681 et.seq.) to not to contact me again. I will once again forward all my documentation and demand a cease and desist to Total Card, Inc., and pull a new credit report to see if they have done the unthinkable and opened themselves up for a law suit. I have written documentation of all my claims from beginning to end. I do not owe this debt...PERIOD!