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Arrow Financial Services Demand Letter Out of No Where Niles Illinois
For several years I have enjoyed excellent credit scores; and, a regular review of my credit reports has assured me that I have fortunately dodged the bullet of the unscrupulous identity thieves. Then, out of no where, I get a greetings letter from Arrow Financial Services letting me know that they are generously offerring me latitude to resolve my Past Due Balance formerly held by MELLON/PNC BANK.
However gracious and kind their offer to me may have been written, the offer lacks one important element, a validated debt I am responsible for. I have never done business with, or had an account with Mellon and/or PNC Bank.
Albeit their letter offers the minimum required to remind me of my rights under the Fair Debt Collection Practices Act. What is important, however, and what I am really hoping to share with others is a suggestion of steps to ensure Arrow Financial Services, LLC, or any other debt leads purchaser, that you are fully aware of your rights under the FDCPA and the Fair Credit Reporting Act. To that end, here are some of the points my responsive letter included:
1) Immediately draft a letter disputing the debt and be sure to include a demand that the collection agency clearly state the full amount of the debt, the date the debt was incurred, the date of last activity on the account that has the debt, the name of the original creditor, a copy of any judgment if there is one regarding the debt and finally proof that the agency is lawfully authorized to collect in your state of residence.
2) Remind the collection agency that they have an obligation to report the dispute to the original debtor as well as the credit reporting agencies.
3) Let the collection agency know that you are sending your despute letter by certified mail and standard mail because you want to ensure you are protecting yourself and your rights from predatory debt collection and errant credit reporting activities
4) Let the collection agency know that you will be keeping documented records of any contact attempts whether written or by telephone and will use those records to protect and defend yourself as well as to use the documentation, if necessary, to file complaints with your state's AG office, the FTC and your regional and the national BBB.
5) Finally, remind the collection agency that Statutes of Limitations would prevent litigation in many instances of indebtedness where the date of last activity exceeds, (in most states) a minimum of 5 to a maximum of 10 years. (While not necessarily alleging this against Arrow, there are some unscrupulous agencies who will buy debt leads that are beyond the SOL and just try to get what they can through threatening tactics.)
In the instance of my circumstances, frankly, I believe Arrow's skip tracing efforts were not successful and so the letter I received was no more than a hit-and-miss of all persons sharing the same first name, middle initial, and last name as I. To that end, I think it very important that the letter I drafted acknowledged that along with reminding Arrow of my rights and the lengths I am going to protect my rights.
Collection letter out of no where? Its not right and it seems like the company should be more responsible about flinging allegations of indebtedness.
Mark
Springfield, Missouri
U.S.A.
6 Updates & Rebuttals
Laurie
Haslet,Texas,
U.S.A.
I also have a collection attempt that came out of nowhere.
#7Consumer Comment
Wed, September 24, 2008
In my case it was a different collection agency and a dept store JC Penneys that I do have an account with, but have not used the account since it was last paid off in Dec 07 and should be at 0 balance.
What little I have been able to find out so far - its been about a week since the call first came in. The collection agency keeps calling once a day but has never sent debt validation as I have been telling them to do with each call, and they keep dropping the amount they are willing to accept to close the account.
1. Someone at JCP put approximately $100.00 on my account in Jan 08. (info from credit report) I have no idea what the charges are for. It was probably someone in telemarketing and I never do business with telemarketers.
2. At the same time someone at JCP changed my mailing address (probably same person who put the charges on) from my PO Box to my physical address without my knowledge or consent virtually guaranteeing that I would never see any statements again.
Collection agency had wrong address provided by JCP. I have not moved and do not receive any mail delivery at my home as I live in a rural area. I have to have a PO Box.
3. JCP made no attempt to collect the debt themselves in the 8 months it was on their books before sending it to collections. JCP is notorious for its collection attempts if you are only 1 day late, so not getting any calls at all is quite suspicious.
What I have done so far -
Filed formal complaints with:
Federal Trade Commission for fraud and Violation of the Fair Credit Billing Act laws
TX State Attorney General - I live in TX and the Corporate offices are also located in TX.
US Postal Inspectors - Changing your address without your consent is considered mail fraud.
I have sent written disputes to both the collection agency and JC Penney.
Sent via certified mail signature required.
Now I am just waiting to get the debt validation and a long fight with JC Penneys
JCP is the third creditor to change my address without my consent and the 2nd one that sent my account to collections due to their mismanagement of my account.
Laurie
Haslet,Texas,
U.S.A.
I also have a collection attempt that came out of nowhere.
#7Consumer Comment
Wed, September 24, 2008
In my case it was a different collection agency and a dept store JC Penneys that I do have an account with, but have not used the account since it was last paid off in Dec 07 and should be at 0 balance.
What little I have been able to find out so far - its been about a week since the call first came in. The collection agency keeps calling once a day but has never sent debt validation as I have been telling them to do with each call, and they keep dropping the amount they are willing to accept to close the account.
1. Someone at JCP put approximately $100.00 on my account in Jan 08. (info from credit report) I have no idea what the charges are for. It was probably someone in telemarketing and I never do business with telemarketers.
2. At the same time someone at JCP changed my mailing address (probably same person who put the charges on) from my PO Box to my physical address without my knowledge or consent virtually guaranteeing that I would never see any statements again.
Collection agency had wrong address provided by JCP. I have not moved and do not receive any mail delivery at my home as I live in a rural area. I have to have a PO Box.
3. JCP made no attempt to collect the debt themselves in the 8 months it was on their books before sending it to collections. JCP is notorious for its collection attempts if you are only 1 day late, so not getting any calls at all is quite suspicious.
What I have done so far -
Filed formal complaints with:
Federal Trade Commission for fraud and Violation of the Fair Credit Billing Act laws
TX State Attorney General - I live in TX and the Corporate offices are also located in TX.
US Postal Inspectors - Changing your address without your consent is considered mail fraud.
I have sent written disputes to both the collection agency and JC Penney.
Sent via certified mail signature required.
Now I am just waiting to get the debt validation and a long fight with JC Penneys
JCP is the third creditor to change my address without my consent and the 2nd one that sent my account to collections due to their mismanagement of my account.
Laurie
Haslet,Texas,
U.S.A.
I also have a collection attempt that came out of nowhere.
#7Consumer Comment
Wed, September 24, 2008
In my case it was a different collection agency and a dept store JC Penneys that I do have an account with, but have not used the account since it was last paid off in Dec 07 and should be at 0 balance.
What little I have been able to find out so far - its been about a week since the call first came in. The collection agency keeps calling once a day but has never sent debt validation as I have been telling them to do with each call, and they keep dropping the amount they are willing to accept to close the account.
1. Someone at JCP put approximately $100.00 on my account in Jan 08. (info from credit report) I have no idea what the charges are for. It was probably someone in telemarketing and I never do business with telemarketers.
2. At the same time someone at JCP changed my mailing address (probably same person who put the charges on) from my PO Box to my physical address without my knowledge or consent virtually guaranteeing that I would never see any statements again.
Collection agency had wrong address provided by JCP. I have not moved and do not receive any mail delivery at my home as I live in a rural area. I have to have a PO Box.
3. JCP made no attempt to collect the debt themselves in the 8 months it was on their books before sending it to collections. JCP is notorious for its collection attempts if you are only 1 day late, so not getting any calls at all is quite suspicious.
What I have done so far -
Filed formal complaints with:
Federal Trade Commission for fraud and Violation of the Fair Credit Billing Act laws
TX State Attorney General - I live in TX and the Corporate offices are also located in TX.
US Postal Inspectors - Changing your address without your consent is considered mail fraud.
I have sent written disputes to both the collection agency and JC Penney.
Sent via certified mail signature required.
Now I am just waiting to get the debt validation and a long fight with JC Penneys
JCP is the third creditor to change my address without my consent and the 2nd one that sent my account to collections due to their mismanagement of my account.
Laurie
Haslet,Texas,
U.S.A.
I also have a collection attempt that came out of nowhere.
#7Consumer Comment
Wed, September 24, 2008
In my case it was a different collection agency and a dept store JC Penneys that I do have an account with, but have not used the account since it was last paid off in Dec 07 and should be at 0 balance.
What little I have been able to find out so far - its been about a week since the call first came in. The collection agency keeps calling once a day but has never sent debt validation as I have been telling them to do with each call, and they keep dropping the amount they are willing to accept to close the account.
1. Someone at JCP put approximately $100.00 on my account in Jan 08. (info from credit report) I have no idea what the charges are for. It was probably someone in telemarketing and I never do business with telemarketers.
2. At the same time someone at JCP changed my mailing address (probably same person who put the charges on) from my PO Box to my physical address without my knowledge or consent virtually guaranteeing that I would never see any statements again.
Collection agency had wrong address provided by JCP. I have not moved and do not receive any mail delivery at my home as I live in a rural area. I have to have a PO Box.
3. JCP made no attempt to collect the debt themselves in the 8 months it was on their books before sending it to collections. JCP is notorious for its collection attempts if you are only 1 day late, so not getting any calls at all is quite suspicious.
What I have done so far -
Filed formal complaints with:
Federal Trade Commission for fraud and Violation of the Fair Credit Billing Act laws
TX State Attorney General - I live in TX and the Corporate offices are also located in TX.
US Postal Inspectors - Changing your address without your consent is considered mail fraud.
I have sent written disputes to both the collection agency and JC Penney.
Sent via certified mail signature required.
Now I am just waiting to get the debt validation and a long fight with JC Penneys
JCP is the third creditor to change my address without my consent and the 2nd one that sent my account to collections due to their mismanagement of my account.
Stacey
Dallas,Texas,
U.S.A.
This is one of the worst bottom feeder collection agencies
#7Consumer Comment
Wed, September 24, 2008
go to www.budhibbs.com and read about them
Do not call them and do no answer calls from them
Make a ledger of everytime they call and save all messages
I sued one of these bottom feeders and won
As of today they have been once violated court orders for payment - another $4050.00 fine for them
Good luck and get even
Stacey
Twister
Huntsville,Alabama,
U.S.A.
Me too
#7Consumer Comment
Tue, September 23, 2008
About two weeks ago I also recieved a letter from Arrow stating that I owed a debt in the amount of $6,000.00 which was a loan from Compass Bank. I did not recall ever doing business with Compass Bank and went there the next day. I had the manager look me up in their system by my name, my wife's name and my SSN#. They had no record of me in their system.
I then called Arrow that same day and the person I spoke with told me it was a loan that was taken out in 1986. I told him I had no knowledge of this loan and then told him even if that is a fact the Statutes of Limitations in my state is 6 years and why would you even consider trying to collect on a loan that was 22 years old? He had no answer for me. He then told me that someone would call within 24 hours and all I had to do was tell that person the same thing I told him. I never got a call and four days later I sent them a letter via FedEX (signature required) asking them for validation on the debt to include all the original account information. I haven't heard anything back from them.
I too believe that this was an effort on Arrow's part to "shotgun" the collection letter with persons sharing my first and last name hoping to score a hit.