[kramzerreitug]

Two years ago I had a CA (Arrow Financial) attempting to collect. I sent them VOD with follow up and they never responded and Credit Bureaus deleted neg info. Now new letter from attorney Farrell and Seldin referring to Arrow Financial. Last time I got letter from Farrell and Seldin they turned over to local attorney who filed suit and I had to settle. Do I VOD with attorney? How do I respond? Deadline for response is 2/26/2007!!

[Pale Rider]

Originally Posted by kramzerreitug

Do I VOD with attorney? How do I respond?

No, you already sent a VOD and follow up.

Dear Lawyers,

This debt remains disputed as of xx/xx/200x, when I sent a timely validation request to Arrow Financial. Your recent letter is continued collection activity under FDCPA 809. Please cease all collection activity until the validation requested is provided. Any further attempts to collect this debt, including but not limited to letters, phone calls, reporting to a credit reporting agency or the filing of a suit will result in further violations, and possibly a lawsuit filed to recover statutory and actual damages.

Before sending anything....

Is this past SOL?
Are there any other violations?

[Qtip]

Originally Posted by Pale Rider

No, you already sent a VOD and follow up.

Dear Lawyers,

This debt remains disputed as of xx/xx/200x, when I sent a timely validation request to Arrow Financial. Your recent letter is continued collection activity under Fair Debt Collection Practices Act 809. Please cease all collection activity until the validation requested is provided. Any further attempts to collect this debt, including but not limited to letters, phone calls, reporting to a credit reporting agency or the filing of a suit will result in further violations, and possibly a lawsuit filed to recover statutory and actual damages.

Before sending anything....

Is this past Statute of Limitation?
Are there any other violations?

Nice letter and to the point, I like It!

[kramzerreitug]

Hey Rider, thanks for the response. How do I tell if the SOL applies. The original creditor sold off debt in 9/2004. Arrow first letter to me was June, 2004. latest letter from Arrow attorney, Ferrell and Seldin is Jan 26,2007. Arrow never responded to any of my requests in 2004. Since I don't answer my phone, I haven't talked to them, but I do log all unrecognized phone numbers that come in, so there might be additional violations there. Have to crosscheck phone number list. Ferrell and Seldin has a local attorney here in Albuquerque that got two settlements from me about two years ago. This instance is following the same pattern except for the previous VOD letters to Arrow.

[centex]

SOL is easy to determine...you look at your records and figure out when your last payment was made. You DID keep records, right?

In the absence of records you go to your older credit reports and determine what is present in the way of reporting by the original creditor, who you should already know from the first communications with Arrow.

Generally speaking, you may presume it was at least 18 months old by the time Arrow would have purchased the debt. Many lenders keep their own paper for 18-24 months before selling it off.

[Pale Rider]

Do you remember the date of last payment, or the date of default of the account?

Using the 18 month sell off period mentioned by Centex, I think we are looking at approximately 3/2003. The New Mexico SOL for an open account is 4 years, if I am not mistaken. You may be very close or past that date. You would still need to show up to court if sued, but you would then have an affirmative defense to the matter.

[kramzerreitug]

Last payment was appx 8/2003 according to credit report. Will have to go to the cardboard file to find the actual cancelled check. How do I find out if Arrow is licensed in my state. A search of N.M. licensing board doesn't have a category for collection agencies or debt collectors. State statute requires licensing for collectors though. Is there a source you know of for viewing which states a CA is licensed in?

[Pale Rider]

I found this, but not sure how current it is.


COLLECTION AGENCY BOND & LICENSE
Bond: $5,000 minimum - based on volume
License: Yes
Fee:
$500 - original collection agency or branch
$300 - renewal collection agency or branch
$100 - examination fee for manager's license
$50 - manager renewal

Exemption for out-of-state collectors: Out-of-state agency is exempt if [1] collecting by interstate means (phone, fax, mail); and [2] debt was incurred outside the state of New Mexico.

It looks like you may have approximately 6 months before SOL kicks in, assuming nothing took place to toll it. That would be plenty of time for them to file. You may want to check with local attorney on the licensing and bonding requirements, or find out which state agency governs them.

[kramzerreitug]

Hi All, I have attached copies (edited) of the letters I wrote to Arrow financial and to Ferrell and Seldin. They are going out into today's mail. Let me know what you think. Thanks

[Pale Rider]

Well, with that wording you may have left them no choice but to sue you if it is still in SOL. That is why I stated you should check SOL before sending anything.

[jlynn]

Originally Posted by kramzerreitug

Deadline for response is 2/26/2007!!

Minor detail - but your "deadline" is 30 days from receipt of the letter, not date of the letter.

[hannah]

I would first find out if Statute of Limitations has run even if it means calling the original creditor not Arrow. Find out when you first went delinquent on the account and when they sold it and to whom and report back here with what you find out.

I would next send PR's letter, tweaking a bit however, just to sound nicer. PR can be a bit cranky.

Also pull all three of your credit reports as Arrow has a rep for nasty reporting and there may be a violation or three there as they may have reinserted because of the collection activity going on now with the account.

Are you getting collection calls as well? If so, you may want to answer one and have some fun with them recording all the way of course only if legal in your state.

If legal in your state, record the call to the original creditor so you can make sure you have the information correct. Also ask them to send you a letter with that information. This is helpful especially when the account is OOS as you have the proof in hand straight from the original creditor to present in court if need be.

[Pale Rider]

Originally Posted by hannah

I would next send PR's letter, tweaking a bit however, just to sound nicer. PR can be a bit cranky.

Nice is for wusses. My letters are not cranky, they are effective. I have had collectors write me back stating they would stop all collections and reporting after a single letter. Of course my average letter to a collector is 2 pages single spaced. I go for the throat like Patrick Swayze in Road House.

[centex]

There is the happy medium between nice and 'go for the throat.'

jlynn has seen some of the examples I used...

[hannah]

Originally Posted by Pale Rider

Nice is for wusses.

I go for the throat like Patrick Swayze in Road House.

My point exactly...

[Pale Rider]

Hey, Ya'll do whatever you want. I don't have time for multiple letters, or lawsuits. I go for the kill and finish them off as quickly as possible. No one ever sued me, and in most cases I never hear from them ever again.

[direred]

Originally Posted by Pale Rider

Nice is for wusses. My letters are not cranky, they are effective. I have had collectors write me back stating they would stop all collections and reporting after a single letter. Of course my average letter to a collector is 2 pages single spaced. I go for the throat like Patrick Swayze in Road House.

I knew there was a reason I liked you.

[centex]

I guess the reason I look at finding the middle ground is that all of my stuff is written with the eye that it may become a matter in discovery. I get the results I want without putting anything in the letter that could be considered unreasonably demanding by the court...

[kramzerreitug]

Good morning guys and gals. Here's the info you wanted Hanna