SBD

Arrow Closes Account, Ceases Collection

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I wrote the following letter in response to a collection letter from Arrow Financial regarding a repossessed Kawasaki motorcycle. The Certified letter was sent to HSBC, Kawasaki, and Arrow Financial.

To Whom It May Concern:

I am writing in regard to the above referenced accounts and transactions.

This motorcycle was repossessed and resold by HSBC in the State of California on or about April or May of 2007.

Under the laws of the State of California including UCC Article 9 and State RISA and MVISA statutes a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to.

In addition, under the Unruh Act, If the proceeds of the resale are not sufficient to cover the items set forth in Civ. Code § 1812.4, the holder may not recover the deficiency from the buyer or from anyone who has succeeded to the obligations of the buyer [Civ. Code § 1812.5].

Please provide copies of the legal notices and proof of the commercially reasonable manner of the resale of the subject motorcycle. In addition, please provide me the legal authority that allows recovery of such a deficiency in transactions such as the one here.

If no such proof is provided within 14 days from receipt of this notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA.

In addition, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties, under all available State and Federal statutes including UCC § 9, RISA, and MVISA, remedies.

Sincerely,

Arrow Financial Response Letter

Dear XXXX,

Thank you for contacting Arrow Financial Services regarding the above-referenced account.

In light of the information that you have provided to us, we have closed this account and have ceased all further collection efforts. Please note that Arrow is not reporting any information regarding this account to any credit reporting agency.

We appreciate the opportunity to assist you in this matter. If you have any further questions or concerns, please feel free to contact us at 1-800-274-6419.

Sincerely,

Customer Care Department

Arrow Financial Services

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Hi SBD! If you are interested in giving some advice on what seems to be a similar issue with the repo of a motorcycle...please let me know..it will not let me post my email address, but i prefer to do it through email as i am not all that up to date with the forums.. It would be greatly appreciated, however i do not want to type my whole spill out and then not receive advice...So please if you would be interested in helping please let me know how i could contact you possibly through email thanks so much

mtsto

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does anyone know how i could get in touch with sbd? or how i can post a new message? i am still new to this and i'm desperately needing some help

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does anyone know how i could get in touch with sbd? or how i can post a new message? i am still new to this and i'm desperately needing some help

Click on the forum in which you want to post. Do you see toward the top left - "new thread"? Click on that to post a new thread. :)++

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