Chan915 Posted February 23, 2003 Report Share Posted February 23, 2003 Ok I am going to read the FCRA. I received a call from Arrow Financial about 20 minutes ago. I posted in a previous topic about a negative debt on my Equifax report for a Dell computer. Well here is the deal:1) On the Equifax report it shows the Dell Computer being listed as being 1 time 90 days late. 2) I received a letter from Arrow Financial LLC trying to settle for 50% of the amount3) They called me on a Sunday and tried to get me to pay the whole amount. I hung up on them. I thought Collection Agencies can only call Mon-Sat. Is that right? Also I told Arrow Financial before hanging up on them how I did not see their company on my credit report. I told them to send me verification but they said that sent me payments notices. Sometime the end of last year I tried to call Dell to have them verify my account and they could not find my account.What should I do not only with them calling me on a Sunday but also to try to get this stuff resolved? Link to comment Share on other sites More sharing options...
LadynRed Posted February 24, 2003 Report Share Posted February 24, 2003 Calling on Sunday is not a violation of the FDCPA, they can call 7 days a week, but only between 8AM and 9PM your time. As for Dell not finding your account, then I'd send this CA a validation letter - asking for verification over the phone will get you nowhere. Validation info can be found at the link above. Link to comment Share on other sites More sharing options...
Anonymous Posted February 27, 2003 Report Share Posted February 27, 2003 Actually, I just found this stating that it is illegal according to the FTC. I thought they could call on Sunday, too."According to the FTC, Sunday contacts are prohibited by the Act because it is considered to be an unusual time to collect debts."http://www.sfandllaw.com/article4.htmhttp://www.baldwinhaspel.com/artpub/dml/cfdcla/a-cfdcla.html Link to comment Share on other sites More sharing options...
Anonymous Posted February 27, 2003 Report Share Posted February 27, 2003 Link to comment Share on other sites More sharing options...
LadynRed Posted February 27, 2003 Report Share Posted February 27, 2003 Well.. that's good to know.. woo hoo !!! I get calls 7 days a week !! Link to comment Share on other sites More sharing options...
calawyer Posted February 27, 2003 Report Share Posted February 27, 2003 Also check your state law. Most states have their own version of the FDCPA and many are even tougher. If you tell me what state you are in, I'll send you in the right direction. Link to comment Share on other sites More sharing options...
Anonymous Posted February 27, 2003 Report Share Posted February 27, 2003 calawyer,does tn have its own version of the fdcpa or fcra?I cant find it if it does... Link to comment Share on other sites More sharing options...
Swede Posted February 27, 2003 Report Share Posted February 27, 2003 <blockquote>Originally posted by knoxpkcalawyer,does tn have its own version of the fdcpa or fcra?I cant find it if it does... </blockquote>Check www.lawdog.com for state guidelines Link to comment Share on other sites More sharing options...
Anonymous Posted February 28, 2003 Report Share Posted February 28, 2003 The site links me to lexisnexis which is cool and all but I cannot find the code among all the others...http://www.michie.com/resources1.html Link to comment Share on other sites More sharing options...
calawyer Posted February 28, 2003 Report Share Posted February 28, 2003 The only thing I could find is the following. I'll look again later when I have a bit more time: 62-20-120. Unauthorized acts. Nothing in this chapter shall be construed to permit: (1) The use or sale of forms which simulate legal forms so as to deceive a debtor or the general public; or (2) The unauthorized practice of law. Link to comment Share on other sites More sharing options...
Chan915 Posted February 28, 2003 Author Report Share Posted February 28, 2003 I live in Maryland. When I get home from work today I am writing a Cease and Desist letter because not only have they been harrassing me but they caught me off guard yesterday and they said I owed them $3200 (approx) but I received a letter from them saying they would settle for half the debt and on top of that someone called like Oct or Nov and said if I did not pay they would file something in court (which I do know is a violation). Is there anything else I should include in my letter? Link to comment Share on other sites More sharing options...
LadynRed Posted February 28, 2003 Report Share Posted February 28, 2003 Knoxpx,I live in the Nashville area, so I've researched the TN statutes. TN does NOT have its own version of the FDCPA, they instead defer to Federal law. The Volunteer state doesn't have great consumer protections, unfortunately Link to comment Share on other sites More sharing options...
Anonymous Posted February 28, 2003 Report Share Posted February 28, 2003 <blockquote>Originally posted by Chan915I live in Maryland. When I get home from work today I am writing a Cease and Desist letter because not only have they been harrassing me but they caught me off guard yesterday and they said I owed them $3200 (approx) but I received a letter from them saying they would settle for half the debt and on top of that someone called like Oct or Nov and said if I did not pay they would file something in court (which I do know is a violation). Is there anything else I should include in my letter?</blockquote>Have you done the validation letter yet? That also acts as C&D. Link to comment Share on other sites More sharing options...
Chan915 Posted February 28, 2003 Author Report Share Posted February 28, 2003 I am going to send them a validation letter and I am going to attach a copy of a statement that says they wanted to settle for 50% of the amount but when they called me they demanded the full amount. Link to comment Share on other sites More sharing options...
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