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#1
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Need advice on paying colllection account What is the name of your state? WAI currently have a debt collection with Arrow Financial. It was switched over in 2001 from Providian and then to EA Servicing- started in NY. I made pmts to a ccc to pay off 4 old debts in 2001, of which this one was paid $450. I stopped making the monthly pmts thru ccc 1 year later. I received a call in 8/04 from them at work (!) and the calls haven't stoped since. After 3 attempts to tell them to never call me at work they called my cell over 30 times-many of which are documented. i asked Arrow to send me a bill in writing because i believe i paid that several years ago. I also lied and told them i had a lawyer that was ensuring that i receive written proof before we negotiate the payoff if there even was any to be had. Only after the 4th attempt by ME to get the letter i finally received it via regular US Mail. It's not on letterhead; anyone could have put this together. The balance due is $637 and made payable in 2 payments. When i told her in September that i had proof that it had been paid she "lowered" the amount to $365. To be honest, i was willing to just pay it- but not until i saw it in writing first. I called Arrow last Monday ready to pay the debt thinking the bill was incorrect and the re-negotiated amount was what i was paying. She said the payoff amount was ($637) and tacked on additional interest of about $20 between the time i rec'd the bill (10/18) and made the call to them (10/25) This infuriated me. I asked her what happened to the negotiated amount we had disussed befor i got the bill and she said it had to be pd in Sept for that to be the payoff. She gave me to her manager who argued with me for 10 miuntes.i told him that was "bulls#*t, they can't do that to people. I reminded him that 'every call was recorded" so maybe we should go back and find the recording of that day. He told me to "have a great life and bad credit" and hung up on me. When i tried to call back i got the busy signal. I now have a registered mail package sitting at the post office for me and i am thinking it's either a summons or a filing for judgement. It came 2 days after the conversation. i am at a loss, and need to get this thing paid and taken off my record for good. I am concerned that my next move may hinder me from getting the best results. Any advice would be appreciated. Sorry so long. |
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#2
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| You can't be certain the registered letter is a summons, and ignoring it won't help you if it is. Your biggest mistake so far is talking to these jerks on the phone and not demanding proper validation IN WRITING !! That's also what you should have done with the calls - put the cease and desist on paper ! Verbal is supposed to be binding per the FTC, but they WILL ignore it ! Stop calling them ! Send them a formal debt validation demand and do it the right way. You can find sample letters and more info on validation at [url]www.creditinfocenter.com[/url]
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#3
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| I knew that ignoring the letter at the post office was not going to work. In trying to figure this whole thing out it seemed that it might be better to do so; but i do know better. I am sending the request for validation letter first thing Monday morning; along with a cease and desist for good measure. The link you sent me is exactly what i've been trying to tell them since August. You're help is invaluble and i thank you!! I'll keep you posted on the status. If any one has any other thoughts or advice please share... |
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#4
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Update...Ok, so since the last post I have sent the C&D letter (no one has called me in weeks!)and a request for validation via CMRRR. We are just going on 20 days since the date of receiept by the CA. I am waiting the 30 days + 5 for my validation. What is my next step? Say they don't respond, who do I contact to get the account removed by all 3 bureaus? What would I send as proof that the debt had not been validated other than my green card? PS. The certified letter was not a summons!! I swear, you just never know.. Last edited by seattlegurl; 11-20-2004 at 01:06 PM. |
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#5
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| Glad to hear there was no summons. If they do not validate, then dispute with the 3 credit bureaus. Do you know whether the account has been marked in dispute ?? If the CA verifies with the CRA's w/o being able to validate with you, they are violating the FCRA. You can use your letter and a copy of the green card showing when you dipsuted it with the CA.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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