Newb Question.. Pay a CA before they report?

DarkSergeant · 02-11-2008, 10:18 PM

But here's the basic situation. Looking for advice here.

Had a charge off in 10/2005 from First Premier CC for $406.

FP turned my account over the Arrow Financial in 01 (or 02?)/2008.

Arrow hasn't sent me a letter yet - but they are calling as of 2/6/08.

If I pay Arrow (I'd settle for the $406, I have the money.. and it is what I owe..) are they obligated NOT to report since first contact was made on or about 2/6/08 (or whenever they sent the letter, but can't possibly be sooner than 1/17/08 since that's when they first pulled my TU).

Or can Arrow still report even if I pay them regardless of the timeframe?

What's the advise here - pay them, wait for a letter then validate, or attempt to validate without the letter?

hannah · 02-11-2008, 11:28 PM

Quote:

Originally Posted by DarkSergeant

But here's the basic situation. Looking for advice here.

Had a charge off in 10/2005 from First Premier CC for $406.

FP turned my account over the Arrow Financial in 01 (or 02?)/2008.

Arrow hasn't sent me a letter yet - but they are calling as of 2/6/08.

If I pay Arrow (I'd settle for the $406, I have the money.. and it is what I owe..) are they obligated NOT to report since first contact was made on or about 2/6/08 (or whenever they sent the letter, but can't possibly be sooner than 1/17/08 since that's when they first pulled my TU).

Or can Arrow still report even if I pay them regardless of the timeframe?

What's the advise here - pay them, wait for a letter then validate, or attempt to validate without the letter?

They must send you a written notice of the debt with your rights within 5 days of calling you. Wait until you get that letter (and if you don't, it's a violation of federal law) and then send them a validation letter and if you do not want them to harass you by phone, include this:

Quote:

Please do not telephone me at any number for any reason as it is inconvenient. Please do contact me strictly by mail.

If this was charged off in 2005 and this is now 2008, when was the last time you paid on this debt that brought the debt current? What state are you in?

Don't let them talk you into paying this just yet and yes they probably own the debt and can report for many years to come. Let's see first if it's even a viable debt.

DarkSergeant · 02-12-2008, 12:15 AM

Thank you, and good point. I guess my fear was about having it reported as a new line NOW since the charge off itself is so old. It'd almost be worth the $500 just now to have the extra NEW negative TL, if you know what I mean. I don't expect the CO to go anywhere soon.

So far as what state I'm in.. I'm not sure. Technically, Ohio 0 which sucks. But it may be (and may've been at the time of this debt) Alabama. I'm about to post that in another thread, if you have an opinion on that - let me know!

This account was delinquent never to recover as 10/2005, I think. Charge off itself was in 01 or 02/2006. I'm still waiting on my paper reports, and its kind of hard to tell with the electronic ones.

If I can determine that my residency is in fact Alabama (which has 3 years on open contracts), I may just spend the next spend the next 6 months letting Arrow run up a billion violations (since I'm sure they will) and then go after them very hardcore since they'll be beyond SOL.

hannah · 02-12-2008, 12:18 AM

Quote:

Originally Posted by DarkSergeant

Thank you, and good point. I guess my fear was about having it reported as a new line NOW since the charge off itself is so old. It'd almost be worth the $500 just now to have the extra NEW negative TL, if you know what I mean. I don't expect the CO to go anywhere soon.

So far as what state I'm in.. I'm not sure. Technically, Ohio 0 which sucks. But it may be (and may've been at the time of this debt) Alabama. I'm about to post that in another thread, if you have an opinion on that - let me know!

This account was delinquent never to recover as 10/2005, I think. Charge off itself was in 01 or 02/2006. I'm still waiting on my paper reports, and its kind of hard to tell with the electronic ones.

If I can determine that my residency is in fact Alabama (which has 3 years on open contracts), I may just spend the next spend the next 6 months letting Arrow run up a billion violations (since I'm sure they will) and then go after them very hardcore since they'll be beyond SOL.

Were you still in 'Bama through 10/05?

DarkSergeant · 02-12-2008, 12:22 AM

Check out my other post and tell me... I'm not sure. I may have to speak to a JAG regarding this question.

I believe the answer is, as active duty, at my will I am ALWAYS in Alabama - even if I am stationed elsewhere.

Edit: Second question. In relation to their first contact, by phone on 2/6/08, if they send this letter - do they have to prove they've sent it to an address as current with Credit Bureaus or could they send it to the address form the OC, which is 2 years - where I obviously wouldn't get it?

Should I wait and see, and send them a validation letter around 2/28 just to cover my a$$?

hannah · 02-12-2008, 12:42 AM

Quote:

Originally Posted by DarkSergeant

Check out my other post and tell me... I'm not sure. I may have to speak to a JAG regarding this question.

I believe the answer is, as active duty, at my will I am ALWAYS in Alabama - even if I am stationed elsewhere.

Edit: Second question. In relation to their first contact, by phone on 2/6/08, if they send this letter - do they have to prove they've sent it to an address as current with Credit Bureaus or could they send it to the address form the OC, which is 2 years - where I obviously wouldn't get it?

Should I wait and see, and send them a validation letter around 2/28 just to cover my a$$?

Just wait and see if they have found you. You say they have called. Chances are if they found your phone number, they have your addy. Wait 25 days or so from the first date they called you and send them a validation letter with the phone clause CMRRR. That should do it. You just want to make sure it is postmarked within the 30 day validation period.

apexcrsrvc · 02-12-2008, 01:29 AM

Or . . . you could send them the request for validation now insofar as the initial communication has already taken place. Has no bearing on the five day proviso and limits their opportunity to beat you to the punch with a pretty new tradeline.

This, of course, is presuming that Arrow actually would contemplate following the law . . .

DarkSergeant · 02-12-2008, 09:13 PM

Haha, you mean after being pursued Class Action in Connecticut and sued by the State of Illinois (in which they're freaking headquartered..) they still don't give a crap?

If they're as bad as people say - amazing they stay in business...

In OTHER news, Arrow hasn't called me this week.
The date of first true contact, 2/7 (answered the phone since they don't leave freaking messages and I really wanted to know what it was regarding..) I also contacted the original creditor.

Asked OC how come they waited two years to turn my CO to a collections or sell it to a JDB and let them know if they'd called me the day before they sold it I probably would've paid in full for delete. Told OC the odds of me dealing with Arrow were about one in a million since I'd read about their legal problems and I just didn't want the stress.

OC said they'd look into why the delay in sell to JDB, lack of any other collections, but couldn't do anything unless they 'found a fault in their system'. Said they'd follow up with me this week.

*Crossing fingers* Maybe OC is going to pick up debt and I can PFD on the charge off without having Arrow do crap.

hannah · 02-12-2008, 09:18 PM

Be very careful with this. If they sold the debt to Arrow (Arrow operates both as a JDB and a CA) Arrow thinks they own the right to collect on it. If the OC lets you pay them and cannot take the debt back from Arrow (if they sold it) then you are in a bind. In dealing with the OC on this, if they let you pay it, make sure you get a complete release from them and make them prove they still own it. Record phone calls if legal in your state.

DarkSergeant · 02-12-2008, 09:25 PM

Quote:

Originally Posted by hannah

Chances are if they found your phone number, they have your addy.

Well, they pulled my TU on 1/15/08.

TU says they used my address from 2005 as identifying info... so unless they decide to WILLINGLY send it to my old address (this legal?) I'd think they do have it from my pull.

Obviously mail from an address in 2005 doesn't get forwarded..

Related Question -
I plan to get this address pulled. I haven't lived there since 05 (though it is tied into a judgement), could I have it pulled as Obsolete?

My reports have about a dozen variations on my name (first name is Christopher - gets cut off to Christoph(e) or shortened to 'Chris'.
Can I dispute (And get deletes..) on all names except my god given first, middle and last name? And do I run any danger of messing up positive accounts that may use variations as identifiers?

hannah · 02-12-2008, 09:32 PM

Quote:

Originally Posted by DarkSergeant

Well, they pulled my TU on 1/15/08.

TU says they used my address from 2005 as identifying info... so unless they decide to WILLINGLY send it to my old address (this legal?) I'd think they do have it from my pull.

Obviously mail from an address in 2005 doesn't get forwarded.. Have SIL who is a postmaster. He says that if you filed a change of addy, it MAY still be in force even though legally they are supposed to return mail to sender. This depends on the post office.

Related Question -
I plan to get this address pulled. I haven't lived there since 05 (though it is tied into a judgement), could I have it pulled as Obsolete? Not if a legal creditor is reporting it.

My reports have about a dozen variations on my name (first name is Christopher - gets cut off to Christoph(e) or shortened to 'Chris'.
Can I dispute (And get deletes..) on all names except my god given first, middle and last name? And do I run any danger of messing up positive accounts that may use variations as identifiers?

That is a possibility. I will let Jlynn answer this as I do not have any experience with name changes.

Calling Jylnn...

jlynn · 02-12-2008, 09:40 PM

As far as the name change goes, you can request them to drop all names that are not how your positives are listing. ie if you have cards under Fred and Frederick, ask them to delete all the Fredericas. You'll have to send in ID for this. And good luck getting the bad ones dropped.

DarkSergeant · 02-12-2008, 10:11 PM

Quote:

Originally Posted by hannah

Be very careful with this. If they sold the debt to Arrow (Arrow operates both as a JDB and a CA) Arrow thinks they own the right to collect on it. If the OC lets you pay them and cannot take the debt back from Arrow (if they sold it) then you are in a bind. In dealing with the OC on this, if they let you pay it, make sure you get a complete release from them and make them prove they still own it. Record phone calls if legal in your state.

This is GREAT advice and something I hadn't thought all the way through in this regard.

If OC does in fact agree to a PFD, should I request OC to provide a written statement dictating ownership of debt and terms of settlement via fax or mail, to be implemented upon receipt of payment?

Can I then use this statement to dispute OC TL (if they don't follow through) and CA TL (assuming they go ahead and report anyhow)?