Arrow Financial collection tactics. Able to sue them?

[klazygazer]

What is the name of your state? TX

I've been contacted by Arrow Financial Services multiple times by phone and by mail for 4 moths now. I have a debt from OC of about $1600 (after interest and other charges added). It was charged off by the OC.
The debt is within SOL and it is for a CC from where I was in college 4 yrs ago.

To make the story short they have called at work multiple times, but 2 weeks ago a new agent took over and started shouting and demanding payment by electronic check. Told them to stop calling since my employer doesn't authorize collection calls, also I told him that I would send him a Validation & Cease and Desist letter. He ignored them and started threatening, making claims that I believe are illegal after me reading posts here for a couple of months now:

- Threatened to call everyday every 20m. at work until I made a payment
- Said he will contact HR at work and tell them about my debts
- Said he will disclose this debt with coworkers and even my wife(!) (I'm single) so I could walk in shame at work and at home
- Said that last activity was June 2004, but my CR says it was January 2004
- Asked for me to pay by check by phone $1200 in the spot
- Since he noted that I spoke with an accent he made distasteful remarks about my ethnicity and said that "in this country we pay our bills, otherwise we should leave.."
- Said I was less than a man, not worthy of being a man, and blah, blah....

I stood silent listening and writing all of his remarks, but I didn't tape the conversation. He said that the call was being recorded. This week a different agent at Arrow called me offering me settlement for $1000 after I told him that I knew my rights. He said he will garnish my wages, so I told him that in Texas that is not possible. He laughed about it.

Yesterday the same guy call me at work and said that not paying this debt was illegal and considered a felony in Texas, explaining to me a "3 strikes and you are out" law, and gave me a final chance to pay $1000. Of course I refused and he told me to wait for the police at my door in the next few days.

Ok, do have a case against them for violating FDCPA rules even though I didn't record the calls? Should I send them the V&L letter?
Will they be breaking the law if they call me again even though the VL hasn't arrived yet?

Thanks, Great Forum

[Debt Guy]

From what you describe, part of what is happening here is perfectly legal. Some of it crosses the line.

They are allowed to call everyday. They are allowed to call you at work until you "in writing" tell them your employer does not allow personal calls. They are allowed to tell you to pay up. They are allowed to make an offer and then to change the offer however they want.

Some of the comments are ethnicity, etc. are perhaps not illegal but show an amazing lack of class and good judgment. I think those remarks would be very embarassing in court.

They are not allowed to make a disclosure to any 3rd party (calling your HR department or telling coworkers) or threaten to have your arrested or to file criminal charges. Even the threat of telling coworkers is illegal.

Get yourself a tape recorder and start taping his calls. Go to radio shack and buy one that fits between your handset and your phone and start it taping when he calls. Don't tell him you are taping -- just do it. Don't try to trap him when he calls -- just let him rant.

The problem is that without "proof" it is your word against his. Who you gonna believe? I don't know.

Don't play games with demand for validation and cease and desist. If this guy is doing what you say, you want him to call and you want him to call often. Record it and then record some more.

At some point you will have major leverage for a big time settlement with the company he works for. Can you spell Lexus?

[klazygazer]

After telling these collectors that I was taping the calls and that I was sending them a DV letter they just stopped calling.
However I received letter in the mail from 2 new collection agencies trying to collect on the same two accounts, it seems that it was sold over to them.
Can I send them a DV too while I wait for the first CA to respond or should I forget about Arrow and deal with these 2 "lawyers" only?

[Debt Guy]

Q. After telling these collectors that I was taping the calls and that I was sending them a DV letter they just stopped calling.

A. Not surprising. But, don't tell them you are taping.

Q. However I received letter in the mail from 2 new collection agencies trying to collect on the same two accounts, it seems that it was sold over to them.

A. Again, not surprising.

Q. Can I send them a DV too while I wait for the first CA to respond or should I forget about Arrow and deal with these 2 "lawyers" only?

A. Yes. Don't expect to receive anything else from Arrow. They are out of the picture.