Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-30-2004, 06:21 PM
seattlegurl
Guest
 
Posts: n/a

Need advice on paying colllection account


What is the name of your state? WA

I 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.
  #2  
Old 10-30-2004, 06:37 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
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.
  #3  
Old 10-30-2004, 11:26 PM
seattlegurl
Guest
 
Posts: n/a
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...
  #4  
Old 11-20-2004, 01:02 PM
seattlegurl
Guest
 
Posts: n/a

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.
  #5  
Old 11-20-2004, 04:24 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
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.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:09 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.