Jump to content

Arrow Financial ITS letter. Tell me what you think........


ceowens
 Share

Recommended Posts

I have been working on this all day long. Tell me what you think.

Arrow Financial Services LLC

5990 W. Touhy Ave.

Niles, IL 60714

3/23/2004

RE: Account #xxxxx

Please be apprised that you are in direct violation of the Fair Debt Collections Practices Act and the Fair Credit Reporting Act. It is my opinion that you have violated several sections of these acts by:

--Failing to validate a debt as allowed to the debtor under 15 USC 1692 (g) Section 809 (B)

On March 4th, 2004 your company signed for a request for validation. I specifically asked that you send me proof of the debt in the form of the alleged contract or instrument bearing my signature, as well as proof of your authority in the matter. As of March 23rd. 2004 you have not responded. On or around March 20th, 2004,your company, being in receipt of my request for validation, knowingly reported erroneous credit history to the credit reporting agencies as indicated below.

--Failing to notify the credit reporting agencies that the accounts were in dispute under 15 USC 1692e Section 807 (8) and 15 USC 1681s-2 Section 623 (3)

As of March 23rd, 2004, both Equifax and Experian are reporting this account erroneously and have not changed the status of the account to indicate a dispute. Furthermore, on or around March 20th, 2004, your company blatantly disregarded the request for validation and reported erroneous credit history to Experian, having them to update the account to reflect a Chapter 13 bankruptcy status. I have never been a party to any type of bankruptcy.

--Knowingly reporting erroneous and disputed information to the credit reporting agencies without proper validation of a disputed account under USC 1692g Section 809 (B) and 15 USC 1681s-2 Section 623 (A)

Again, your company knowingly and willfully reported to Experian the account status as “Election of remedy. Account included in or discharged as Bankruptcy Chapter 13” after receipt of my validation request and prior to providing any proof of this debts existence. You also reported the account as being part of a payment plan. I will say once more, I have never been involved in any bankruptcy proceedings. Furthermore, I have no knowledge of this account, nor am I your customer, nor have I entered into any contracts with you. And you have yet to respond to my request for validation.

I am including a copy of a Federal Trade Commission opinion letter to Robert G. Cass from LeFevre for your reference. Its contents apply directly to your companies’ violations of the Fair Debt Collection Practices Act. Furthermore, I suggest you study the case law from the US Court of Appeals, Ninth Circuit ruling in the Nelson vs. Chase Manhattan case.

I have complete and thorough records of your violation(s) and am prepared to protect myself and my rights from unscrupulous collection agencies. There is no question here that you willfully violated my rights and that I could bring charges against you immediately. However, I am giving you the opportunity to take the appropriate steps necessary to enlighten yourself or your staff of such dangerous actions, and to correct your wrongdoings.

Under the FDCPA and according to recent findings with the Federal Trade Commission, you must send valid proof of this debt or cease collection attempts and remove the unverifiable accounts from my credit report. And a printout of records is not valid. See FTC.gov "staff attorney opinion" findings for details (enclosed). Please do not waste my time or yours by sending back a print out. The proof requested is as follows:

1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter.

2. What is your authorization of law for your collection of information?

3. What is your authorization of law for your collection of this alleged debt?

4. Please evidence your authorization to do business or operate in this state.

5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

6. Please provide a complete account history, including any charges added for collection activity.

If you cannot produce such proof and continue to report false and unverifiable information to the credit reporting agencies after I have put you on notice, then I reserve the right to file a suit against you for FDCPA and FCRA violations in my court's venue.

Let this also serve as your notification not to contact me by phone in reference to collecting this debt. If you have true and accurate proof of this alleged debt, you may send it to me by mail in the form of the evidence requested above as allowed to me under federal law.

I will state again in this certified mailing that you have failed to verify the debt as accurate, provided no records of the alleged debt, but have continued to report false information to the credit reporting agencies despite your signed receipt of my validation request. You are currently in violation of both the FDCPA and the FCRA. You have 15 days from the receipt of this letter to provide proof of this debt as requested above or remove all references to the account from all of my credit reports. Failure to do so will result in my invoking my rights to file suit pursuant to the FDCPA Section 813 as well as the FCRA Section 616 for defamation of character, financial injury and violations of both the FDCPA and the FCRA.

Lastly, please be advised that I am forwarding a copy of this letter along with my proof of your violations to the Federal Trade Commission, the South Carolina State Attorney General, the Illinois State Attorney General, the American Collectors Association and the Better Business Bureau.

Please understand that this is a very serious matter and your office should govern itself accordingly.

Regards,

Tina

:twisted:

Link to comment
Share on other sites

I will have a copy of this letter before you read this!!! That's a great letter... The best I've seen... Thanks alot for helping me out in the process!!!

Hey! You better make sure it applies to your situation. You'll look like a real nut if you dont quote the right sections of the FDCPA and the FCRA to go along with their violations. I dont mind if you reword it to your own situation and use it, but I didnt post it to be used verbatim by everybody. I would like to think I could post here (among friends) and not be "abused". The letter is posted for critque by the experts, not to be stolen. :(

Link to comment
Share on other sites

I was only trying to boost your confidence, it really wasn,t that great!!! Besides, I use to run and manage my very own and succesful credit repair institution, so what you're doing... sorry sweety, Ive already done it! No extra help needed here!!! been their... done that! Don't flatter yourself... LOL

Link to comment
Share on other sites

but I am assuming this has been a terrible mistake on your part and that you will take appropriate steps to enlighten yourself or your staff of such dangerous actions.

I would leave this part out -- you don't want them to be able to say, "Oops, we made a mistake." There is specific lanquage in the FDCPA that gets them off the hook if they can show it was an honest mistake (yeah, right). If you end up taking them to court, this could be used against you. I think your position should be that they knew exactly what they were doing and were doing it willfully. Ignorance of the law is no excuse and they are liable for the acts of their employees. If they don't want to take the time or spend the money to properly train their employees, that is not your problem.

Other than that, I say it's a go -- nice job!

Link to comment
Share on other sites

but I am assuming this has been a terrible mistake on your part and that you will take appropriate steps to enlighten yourself or your staff of such dangerous actions.

I would leave this part out -- you don't want them to be able to say, "Oops, we made a mistake." There is specific lanquage in the FDCPA that gets them off the hook if they can show it was an honest mistake (yeah, right). If you end up taking them to court, this could be used against you. I think your position should be that they knew exactly what they were doing and were doing it willfully. Ignorance of the law is no excuse and they are liable for the acts of their employees. If they don't want to take the time or spend the money to properly train their employees, that is not your problem.

Other than that, I say it's a go -- nice job!

OH Herauntis. Go back and read the change and tell me what you think. Also, it was suggested on another board that I not include copies of or make reference to the FTC letters or the Chase case as I might need to save them to use it court if it comes to that. Your thought? I think adding them makes me sound more knowledgeable. Maybe not?

Link to comment
Share on other sites

I was only trying to boost your confidence, it really wasn,t that great!!! Besides, I use to run and manage my very own and succesful credit repair institution, so what you're doing... sorry sweety, Ive already done it! No extra help needed here!!! been their... done that! Don't flatter yourself... LOL

I'm going to explain myself here against my better judgement. My better judgement suggests I just let this die as it is not on subject for this board. However, you took my post the wrong way. You have to understand where I was coming from. Within seconds of posting my letter I get a response from someone I know nothing about, who, according to thier profile has only posted here 8 times. You claimed you were going to "have a copy of my letter before I even read your post" and "thanks for helping you in the process". I had no idea of your background or your intentions. I got this image of a "newbie" to the board, nabbing my letter in its entireity and running around using it willy nilly whether or not it was applicable. That is the downside of the internet. :( I apologize if I offended you. That was not my intent. Furthermore, I have stressed and slaved over this letter all day and your post just rubbed me the wrong way. Again, my apologies.

Link to comment
Share on other sites

I think it depends on what you want to accomplish -- if you just want the trade line to go away, then do as Pat Benatar said and hit them with your best shot.

If you are laying a foundation for a future lawsuit and you fully intend to follow through, then you may want to reserve some ammunition. It's like playing poker -- you don't want them to see your hole card (or your whole case; pun intended).

Link to comment
Share on other sites

ok you guys, time to kiss and make up -- looks like it was just a misunderstanding on both sides.

c e, I commend you on taking the responsibility to ensure that some newbie wasn't going to take your letter and go off half-cocked, even though that turned out not to be the case.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.