Arrow Financial and Midland ignore DV requests - What next?

[Anonymous]

OK.....I sent Arrow Financial Services and Midland Credit Management DV letters in November 2009. Received confirmation they received all the letters with signture confirmations. I keep getting account verified as belonging to me from the CRA's. I understand that since the accounts are past the SOL they do not have to respond to the DV letters. But isn't the continuation of reporting the information that has not been validated an FDCPA violation?

CRA's only verify through E-Oscar. I disputed 2 accounts via internet and both came back verified in 4 days. (that was a mistake...I should of used snail mail).

What arsenal of weapons can I use to challenge the CA's to prove validation? Can I force the CRA's to perform a proper validation by mail or fax? These 2 CA's represent some 13 accounts on my credit report. The OC's have listed all the accounts as charge-Off's. I contacted one major OC involved and they state I have no financial obligation to them. Balances owed were transferred to the CA. However they continue to report the accounts as charged off. Any suggestion on how to get the OC to remove the negative listing since they don't seem to want to settle for a PFD?

[Anonymous]

bump

[Anonymous]

Here is my draft ITS letter to Arrow Financial:

Dear, XXXXXXX XXXXXXX, Vp

RE: Accounts xxxxxxxx, xxxxxxxx, xxxxxxxxx, xxxxxxxx, xxxxxxxx, xxxxxxxx, xxxxxxxx and xxxxxxxx

In September 2009, I learned that Arrow Financial Services was reporting innaccurate and eroneous information on my credit report. I disputed these alleged accounts (referenced above) with Transunion, Equifax and Experian; because I had no knowledge of these accounts. The 3 major credit reporting agencies investigated the disputes and all were verified as belonging to me and the source of the verification came from Arrow Financial Services.

Since I had never received any notice regarding these alleged accounts (as required by FDCPA); I submitted validation request letters for each of the alleged accounts (which is my consumer right under the FDCPA). The letters were dated November 11th, 13th and 18th (2009). The request were sent certified mail. The Arrow Financial person who signed for the letters was Bill Zichovich.

To this date, I have received nothing from Arrow Financial Services validating these alleged accounts; yet you continue to pursue collection activity by continuosly validating and verifying these alleged accounts.

I have since then, disputed the accounts with the 3 major credit reporting agencies multiple times. Each time, the disputes have been verified from Arrow Financial Services. I have no choice but to conclude that Arrow cannot provide any irrefutable supporting docukents to show that I have any legal obligation to you for these alleged accounts.

Arrow continues to report these accounts as validated and verified to Transunion, Equifax and Experian. As you are aware, collection agencies are prohibited from reporting invalidated, inaccurate and eroneous information to the credit reporting agencies. In doing so, your company is in violation of the FCRA.

I have exhausted other avenues by filing complaints to the Attorney General Edmund Brown Jr. of the State of California, The Federal Trade Commission, The U.S Attorney's Office, The Kern County District Attorney's Office and the Better Business Bureau.

Furthermore, as you are aware, upon information and belief, these alleged accounts are beyond the Statutes of Limitations in the State of California for any legal remedies that Arrow Financial Services may pursue.

Your actions to date and continuos violations of the FDCPA and FCRA leave me no choice but to seek legal remedies under civil action. I would like to bring these matters to close, amicably; but if I must, I will seek injunctive and declaratory relief and damages for defamation to be decided by a jury.

I trust and pray Arrowe Financial Services will remove these trade lines from my credit profile within 15 days. Please govern yourself accordingly and consider this request carefully.

Best regards,

CC: U.S Attorney General Alberto R. Gonzales

       Attorney General of the State of California

       Fredeal Trade Commission

       File

[guiness56]

Just because an account is past SOL does not mean they do not have to respond to a DV letter.

They have no time limit to respond but, they cannot continue collection activity until they do. 

If the account was already on your CR before the DV they can continue to report.  They could not have added it to your CR after they received the DV until they responded.

It is legal for the OC and one CA to report on a given account.  If the OC CO'd and sold the debt they will report a 0 balance and the CA will report the balance.

Without it being paid, I don't see the OC removing the account.  Since they don't own it you could try.