Arrow Financial, sue or not to sue?????

[BMN]

In September, I sent Arrow Financial a total C&D and FOAD letter on a debt that is so outside the SOL it is not even funny. Today I recieved another letter from them offering me a settlement of 25% of total.

Now is this a cut and dry violation of the FDCPA for continued communications? If so, is it worth it to sue them for this violation, or should I just let them rack up a couple more?

I know it is just 1 violation right now and might be iffy in court. It's just irritating that these parasites just don't get it, especially since the letter I sent was strongly worded.

[nascar]

In September, I sent Arrow Financial a total C&D and FOAD letter on a debt that is so outside the SOL it is not even funny. Today I recieved another letter from them offering me a settlement of 25% of total.

Now is this a cut and dry violation of the FDCPA for continued communications?

You might ot get far with this. A settlement offer in response to a C&D has been held not to be violation. I think Arrow has already been to the mat on this question before and won, which is probably why they are doing it.

[1time2many]

Arrow....No words for them that I can use on this forum, but any good violation I would hit them on.

In the new year I will be filing against them, so far I they have racked up 14 violations that I am aware of, who knows what the lawyer will find.

Arrow will do what they want when they want, and this will continue until their pockets start getting a little lighter, hopefuly I will help them along in this.

[lovebug5]

In September, I sent Arrow Financial a total C&D and FOAD letter on a debt that is so outside the SOL it is not even funny. Today I recieved another letter from them offering me a settlement of 25% of total. Now is this a cut and dry violation of the FDCPA for continued communications? If so, is it worth it to sue them for this violation, or should I just let them rack up a couple more? I know it is just 1 violation right now and might be iffy in court. It's just irritating that these parasites just don't get it, especially since the letter I sent was strongly worded.

My best advice is that you never want to send out an ITS letter when you only have 1 violation. When you send out an ITS letter, you have to be fully prepared to actually bring the CA to court if need be. 1 violation isn't going to give you enough leverage.

[BMN]

It is a full blown collection letter just like all the ones before it, they just keep lowering the settlement amounts and continue to state" Past due balance" on the top of the page?

I think I might just send them one more C&D letter, and then if they send anything more, I will just turn it over to an attorney whom I have working on a situation with another JDB/CA, and see what happens.

[razr]

I think I might just send them one more C&D letter, and then if they send anything more, I will just turn it over to an attorney whom I have working on a situation with another JDB/CA, and see what happens.

One dunning letter could just be a bona fide error on their part. Send them another C&D. Remind them of your first C&D and reference their most recent letter. Leave a paper trail.

-r

[BMN]

Thanks for the replies! I just typed up another letter and faxed it and will also send it CMRRR, I included a copy of my first C&D letter along with their recent dunning letter. I have noticed that their collection/dunning letters have always been about 3 months apart ?

I get a kick out of these JDB/CA's that have been told and proven point blank that the debt is uncollectable due to SOL, and that they have come up against an informed consumer that will not tolerate their B.S, but they still keep trying!

Over at Budd Hibbs, he mentioned that Arrow has a habit of trying to sue over debts outside SOL, and that they are good at forging documents and such. They are the 5th or 6th JDB/CA to aquire a debt that is 5 years outside the SOL.

Here is one for Arrow8-)