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Arrow Financial - I want to sue


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So before I started getting educated on credit repair, I took it upon myself to call around and negotiate some past debts. Fortunantly I was smart enough to request the removal of TLs for payment and like momma always told me "A promise is only as good as the paper it is written on".

Arrow was using Capital Management to collect this debt. When I called Arrow they said Capital was authorized to make decisions on settling this debt and that I needed to call them. I asked the Arrow rep who owned the debt. And she told me Arrow but they had contracted Capital to collect it. Ok so I call Capital and I get them to agree to a reduced amount and a PFD. I get this info faxed to me and then I pay the amount by CC over the phone(I know, I know). A few days later I got a letter from Capital stating the account was now settled as agreed but did not mention the TL removal. Well that was around Feb. 10th. and I have since disputed with the CRAs. The disputes are coming back "Verified" and updated. I look at my updated reports and TU has the amount past due as the amount of high balance subtract settlement amount. Ex has it as paid. Eq has it as a revolving account that is unpaid and late 120 days.

I have sent a timely DV (that they did not respond to), I sent a follow up DV (they did not reply), I have also sent an additional follow up that provided the settlement letter to both Arrow and Capital (neither replied), and now I sent them a 5 day ITS letter and tomorrow will be the end of the 5 days. I figure I'll wait until mid next week for delivery time but then I want to file a suit against them. What can I file against them for? FDCPA/FCRA? Breach of contract? Both? Anything else I can do? I now know these scum bags have a bad history of lying, harrassing, and stealing to collect.

Thanks

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I think your cause of action is against Capitol under 15 USC 1692e (10).

You could name Arrow as well, but without proof that they told you Capitol had full authority to negotiate, it may fail against them. Is TL removal mentioned in the fax? If not you will need proof. Your letter is also a fraudulent document if the debt is not settled in full as stated in the fax.

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There was a case in Il were Arrow tried to avoid a lawsuit by having a 3rd party collect and then denying they had knowledge of their actions. The court ruled against them and said they were just as responsible as if they hired a Lawyer to rep them. So I think, expecially since they have a history of doing it, I can nail them as well. When you enpower someone to rep you, you have to take responsibility for their actions as well - according to IL court.

TL removal is in the fax but not the "payment received, account paid if full" letter.

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I sent a DV to Arrow, They sent a reply dated March 13, 2008 that my request for validation was

received and pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 they must mail verification of this debt to me before they take any further steps to collect the debt. Thus, if they choose to engage further collection activity, they would first mail to me verification of this debt.

they signed for my DV march 7,2008 On March 3,2008 I had reviewed

all 3 CR, AND sent off my disputes Arrow wasn't on any...... Then on March 25,2008 I get the results from all 3 CRA. Guess who's been added as of 03/2008? Yep, Arrow.

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