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2nd letter from Arrow after no response to validation


witchly
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Today I received another letter from Arrow Financial Services about an old account from Providian. I first received a letter from Arrow on 7/13/04. I sent a validation letter back to them and have the return receipt signed/stamped 8/13/04. Today 10/29/04 I received the second letter. Same type as the first, offering me a 40% discounted settlement.

What do I do now that they are sending a 2nd letter when they never responded to my validation request?

Also it says that the original account was PURCHASED by DAG Financial Trust from the original creditor and that DAG has placed the account with Arrow for further collections.

Oh - one more thing. The total balance on the 2 letters are different. The 2nd letter has increased by $420.21.

Any help would be appreciated.

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Again, as I replied to your other post...all standard practice. Keep on dancing. I assume the first time Asset was collecting for the OC...who sold the debt to someone else (who I would bet is somehow affliated with Asset) and so now, supposedly, Asset can hassle you all over again because now the debt owner is someone different.

Note...the difference here is that although DAG now "owns" the debt, they are NOT the OC and are still subject to the FDCPA. DV Asset again, and treat them like the scum they are...

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Thanks for the info. Both Arrow letters stated though that the accounts was purchased by DAG Financial Trust and has been placed with Arrow for further collections. They were acting on behalf of DAG both times according to the letter - not the original creditor. Does that make any difference?

From reading I assumed that they weren't supposed to keep bugging you if they didn't validate after you requested them to do so?

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Well, assuming you have both letters and copies of your letters along with the green cards, then you probably have a small claims case against them for violating the FCDPA. They should have ceased collection until they provided you with sufficient validation. Have you checked your credit reports? If this debt isn't listed as "In Dispute" then you have them on additional violations.

If you're so inclined, do a search on Assets at the top of the page, and I'm sure you'll find info on how to go about bringing suit...

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My experience with Arrow was that as soon as I told them on the telephone that they were in violation of the FDCPA-they backed down. I asked them to keep calling me-and help my case-but they never did. They disappeard and never reported-AND I finally got their stupid hard inqs deleted with repeated letters.

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The FDCPA is clear on this issue. Once they get your DV letter they must do one of two things: either cease all collection activity; or, validate.

Once they get the DV letter, a CA can not call you, post to your credit report (other than to list disputed), or send you any mail except to provide the validation. Sending another "offer" or dunning letter violates the FDCPA directly if they have not responded to the DV.

Since Arrow is under a consent decree with the FTC not to vioalte the FDCPA, file a complaint with the FTC. The basis of the complaint is that they "are continuing collection activity after having received, but not responded to, a validation demand from the consumer."

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What got them off my back were the complaints. Especially the complaint to the ACA, I think.

Write a letter to Arrow, stating all your grievences with them. Make sure you have green cards, copies of letters, dates, specifics....as much as you can gather. State in your letter that you want them to remove the account from your credit report(s), along with any inquiries they placed there, and you want no further contact from them unless it is in writing and includes complete validation.

Tell them you will be sending complaints to the BBB of your state and theirs, the ACA, the FTC, the Attorney General of their state and yours, and the state licencing board (if applicable).

Then FILE those complaints. Most of those you can do online. Just keep track of who you sent what to.

The ACA is very strict with their members and don't like to see them screwing up. They'll threaten Arrow with their membership. I think they're the ones who made them behave for me. They removed their tradeline and said they'd no longer be in touch with me.

This was in like February. The tradeline was removed from my reports within 2 weeks of receiving my letter and I haven't heard from them since. :D

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I'm dealing with these guys now. I sent out two DV's to them a week ago, they've signed for one. The other one, I haven't heard a peep out of. All that's left for me to do at the moment is to wait. I wish you the best of luck with your dispute though, witchly.

I'm glad to see that others have dealt with these gangsters and have prevailed.

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MY LETTER.....

Arrow Financial

Lance S. Martin, Director, Associate Counsel

5996 W Touhy Ave

Niles, IL 60714-4610

RE: Account 407XXXXXXX

Dear Mr. Martin,

Your firm is collecting on a debt that it refuses to validate. I have requested validation twice, both times ignored. You are required by law to validate or cease collection activities. Your firm has done neither, and I have documented proof. Your firm is also updating this account on my credit report. This is also a violation. I have your firm on violations that could amount to more than $2,000.00. Your firm is trying to collect only $1,200.

I am offering this one time only, an exchange debt for my releasing Arrow from all claims for FDCPA and FCPA violations. This offer in no way is an admission by me that I owe this debt. I am making this offer to save both of us time and money. It will cost you far more to fight this in court, than to exchange this debt.

Also as part of this offer, this trade line must be deleted and a Unilateral Release signed to ensures that Arrow understands we have accepted a settlement on this debt in the form of an Exchange of Debt and Arrow will not sell this debt or return it to the Original Creditor.

If I do not hear from your firm IN WRITING with in 10 days of this letter, I will trust that to mean you are rejecting this offer and I should proceed with my suit. If this is the case I will turn this over to my attorney so that we may also collect his fees as well when we win in court.

I am also filing a complaint against your firm with the ACA. I am including with my complaint all of my documentation, including this letter with its offer.

I look forward to resolving this issue.

Cheryl

What do you all think? I just wrote this letter today, havent' sent it yet would like feedback.

Arrow just placed this account on my report again after it had been deleted. I just found out today I'M Pissed :evil:

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  • 4 months later...

The last letter was on 10/29/04, today 3/22/05 they sent me yet another letter offering me a "settlement". I guess they thought I forgot after all this time.

Today I received another letter from Arrow Financial Services about an old account from Providian. I first received a letter from Arrow on 7/13/04. I sent a validation letter back to them and have the return receipt signed/stamped 8/13/04. Today 10/29/04 I received the second letter. Same type as the first, offering me a 40% discounted settlement.

What do I do now that they are sending a 2nd letter when they never responded to my validation request?

Also it says that the original account was PURCHASED by DAG Financial Trust from the original creditor and that DAG has placed the account with Arrow for further collections.

Oh - one more thing. The total balance on the 2 letters are different. The 2nd letter has increased by $420.21.

Any help would be appreciated.

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