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calopterygidae · Jan 13, 2009, 08:17 AM

First I have to add that I had began a claim with Social Security Disability in 2005 for disability. I was denied and I appealed .The appeal process was going on throughout my credit card claim.

In August of 2007 my doctor disabled me on a medical condition. I applied to Providian credit card company who I had credit with and I was approved. Every quarter I had to reinstate my claim.

When it came to the 4th quarter my reinstatement form came in from Providian to fill out. My doctor was ready to totally disable me on the present medical condition. At the same time I was approved for my appeal with Social Security. I think I made the wrong decision and I sent in my award letter to Providian instead of letting my doctor fulfill the present medical situation. Providian paid off my credit card but only paid it all the way back to where my disability began with the award from Social Security.

This may be correct, but I find it confusing as this is not the condition that my claim with Providian was based. As far as my award with Social Security, Providian should not consider those medical conditions in my hindsight.

Providian closed my account but on my credit report it is listed that I closed my account. Providian closed my online account so I have no access to any of my past statements or receipts. I have contacted and have spoken to customer service as well as writing online before my account was taken offline. Providian promised to send the 4th quarter claim so I could refill it properly. Instead I was sent a form to open a new claim, which is impossible as they also closed my insurance coverage.

Do I owe on this credit card or should I consult a lawyer to get Providian (now JPMorgan) to come clean with their practices? They already have a collection agency waiting to hear from me about the form Providian has sent me (which is just bogus).

JudyKayTee · Jan 13, 2009, 08:36 AM

Originally Posted by calopterygidae

First I have to add that I had began a claim with Social Security Disability in 2005 for disability. I was denied and I appealed .The appeal process was going on throughout my credit card claim.

In August of 2007 my doctor disabled me on a medical condition. I applied to Providian credit card company who I had credit with and I was approved. Every quarter I had to reinstate my claim.

When it came to the 4th quarter my reinstatement form came in from Providian to fill out. My doctor was ready to totally disable me on the present medical condition. At the same time I was approved for my appeal with Social Security. I think I made the wrong decision and I sent in my award letter to Providian instead of letting my doctor fulfill the present medical situation. Providian paid off my credit card but only paid it all the way back to where my disability began with the award from Social Security.

This may be correct, but I find it confusing as this is not the condition that my claim with Providian was based. As far as my award with Social Security, Providian should not consider those medical conditions in my hindsight.

Providian closed my account but on my credit report it is listed that I closed my account. Providian closed my online account so I have no access to any of my past statements or receipts. I have contacted and have spoken to customer service as well as writing online befor my account was taken offline. Providian promised to send the 4th quarter claim so I could refill it properly. Instead I was sent a form to open a new claim, which is impossible as they also closed my insurance coverage.

Do I owe on this credit card or should I consult a lawyer to get Providian (now JPMorgan) to come clean with their practices? They already have a collection agency waiting to hear from me about the form Providian has sent me (which is just bogus).

You'd have to see what medical standard Providian's contract with you uses to determine that you are disabled and do not have to pay. Is a Social Security? Is it a Physician placing you on disability for a period?

It also appears that you "signed off" on the claim, agreeing with their decision, when you signed and forwarded the form.

I don't think you can resolve this without an Attorney - and unless your balance is very high I suspect the Attorney will cost more than you will win in a lawsuit.

George_1950 · Jan 13, 2009, 08:37 AM

I think your 'hindsight' is correct. Providian's rights and responsibilities are set forth in the contract; proof of your disability is from your doctor. Hopefully, you have copies of all your correspondence. Whether you owe on the credit card may depend on when the charges were made; and when your disability began. Attorneys are expensive, so I would work on this as long as I could before retaining counsel.

calopterygidae · Jan 13, 2009, 08:49 AM

I don't know where to add to this. So I will do it here. Providian is ready to begin a total collection on the entire amount that I owe. I owe now over 4,000 dollars. Added in now are overdue charges. I don't have my past correspondence as I contacted them online and they have shut off my connection to them.

I am married and my husband makes an income. My only income is Social Security disability. I am reading that can't be taken, but what about my husbands? How do they know whose money belongs to who? Can they take my husbands money? I am still trying hard to fight this with Providian as I just believe I am correct. The claim should be based on the medical condition for which it was based to begin with. That is what I feel and I feel I should go with that. But I don't wish to harm my husband's credit or reputation while I am doing it. Mine, I just don't care about. I am sick, disabled, going nowhere. What can they do to me in the meantime?

JudyKayTee · Jan 13, 2009, 08:54 AM

Originally Posted by calopterygidae

I don't know where to add to this. So I will do it here. Providian is ready to begin a total collection on the entire amount that I owe. I owe now over 4,000 dollars. Added in now are overdue charges. I don't have my past correspondence as I contacted them online and they have shut off my connection to them.

I am married and my husband makes an income. My only income is Social Security disability. I am reading that can't be taken, but what about my husbands? how do they know whose money belongs to who? Can they take my husbands money? I am still trying hard to fight this with Providian as I just believe I am correct. The claim should be based on the medical condition for which it was based to begin with. That is what I feel and I feel I should go with that. But I don't wish to harm my husband's credit or reputation while I am doing it. Mine, I just don't care about. I am sick, disabled, going nowhere. What can they do to me in the meantime?

Anything in YOUR name can be liened/taken AFTER they get a Judgment. Anything in JOINT names can be taken AFTER they obtain a Judgment. Your SS is protected and cannot be taken. Your huband's assets/monies cannot be taken UNLESS he is also legally responsible for the debt and then it's only AFTER the Judgment is taken against him.

Do you have a copy of the information you sent Providian? Did you somehow sign off on the claim? They are not responsible if their decision was based on incorrect information which you provided. You can always fight the fight with them but, again, they only know what (apparently) you told them.

George_1950 · Jan 13, 2009, 08:56 AM

You say you owe over $4k. How much, if any, should insurance cover? What other assets do you have (car, real estate, home furnishings)?

calopterygidae · Jan 13, 2009, 09:29 AM

--I have an old car maybe worth 1,500. It's in my name but my husband drives it. Our house is in both of our names. We will die here.

George_1950 · Jan 13, 2009, 09:50 AM

Originally Posted by calopterygidae

--I have an old car maybe worth 1,500. It's in my name but my husband drives it. Our house is in both of our names. We will die here.

If you do not contest the claim and the bank takes a judgement, it will just get larger through court costs and interest. A judgement may turn into a lien against your home, which is more headaches.

You must deal affirmatively with the debt to determine how much you owe, and to get the best payment terms available. If you don't have an attorney, you may want to seek an attorney with collection/bankruptcy experience. Make certain you have received all the benefits of the disability insurance you are entitled to; an attorney should be able to assist with that also.

JudyKayTee · Jan 13, 2009, 09:54 AM

Originally Posted by calopterygidae

--I have an old car maybe worth 1,500. It's in my name but my husband drives it. Our house is in both of our names. We will die here.

My experience has been that the creditor very, very seldom takes a car. It's complicated, then they have to store it, safeguard it, sell it. I wouldn't worry about that.

As far as your house - yes, if there is a Judgment there will "probably" be a lien against your real property. Of course, if/when you sell, the lien gets paid first.

If you have no ability to pay - and it certainly appears that you don't - then the lien is a fact of life and something you simply learn to live with.

And the personal side of this - you need to concentrate on getting well, functioning, not all the legal stuff. I think you have to do what you can and then let it go (and I know how difficult that is!) before you make yourself even more sick (if that's an appropriate way to put it). Sometimes life just happens and it's not fair but it's also not illegal.

If you do pursue against the credit card company, let us know how it works out.

George_1950 · Jan 13, 2009, 10:46 AM

[QUOTE=JudyKayTee;1482603]

If you have no ability to pay - and it certainly appears that you don't - then the lien is a fact of life and something you simply learn to live with.

/QUOTE]

I believe there is ablility to pay, and a desire to pay; it's just that circumstances are not really optimistic at this time. A last resort is Chapter 13, in which payments would be about $100 per month, if I calculated right. But I would encourage getting credit for every dime of the disability agreement.

calopterygidae · Jan 13, 2009, 10:59 AM

I am now in contact with credit protection who is searching into this mess, Terry- who 'seems' a nice lady. She claims she will try to get me all of my answers.. why my account said I closed it when I didn't, why I am blocked from online admission to my account, why I was recently sent the incorrect paperwork. There are many why's. I don't think even Providian understands what is going on. It just a mix-up.

In the meantime I spoke to the collection agency who has an offer. 50 dollars a month for 4 months, 10.something interest with no further charges. After that I don't understand what happens. Even fifty dollars is difficult to come by. Then she mentioned I haven't had an offer for a close-out yet. But that would mean 4 payments of a lot of money. Yes indeed. I am between a rock and a hard place.

JudyKayTee · Jan 13, 2009, 11:41 AM

[QUOTE=Comments on this post
calopterygidae agrees: I believe this answer is accurate to the best of this person's knowledge. By the way, I might go online for medical advice and then do a little surgery on myself..[/QUOTE]

I really enjoyed this - keep smiling. :)

JudyKayTee · Jan 13, 2009, 11:42 AM

Originally Posted by calopterygidae

I am now in contact with credit protection who is searching into this mess, Terry- who 'seems' a nice lady. She claims she will try to get me all of my answers..why my account said I closed it when I didn't, why I am blocked from online admission to my account, why I was recently sent the incorrect paperwork. There are many why's. I don't think even Providian understands what is going on. It just a mix-up.

In the meantime I spoke to the collection agency who has an offer. 50 dollars a month for 4 months, 10.something interest with no further charges. After that I don't understand what happens. Even fifty dollars is difficult to come by. Then she mentioned I haven't had an offer for a close-out yet. But that would mean 4 payments of a lot of money. Yes indeed. I am between a rock and a hard place.

If they make an offer and you accept it be SURE to get it in writing! These offers backfire all the time.

Fr_Chuck · Jan 13, 2009, 01:28 PM

Plus what you need to do is get a copy of the coverage plan that you had, have it reviewed by an attorney as to what it is obligated to pay for under the conditions you did.
** You can not change what you gave them.

Or you can wait to see what they say first.