CA violated the FDCPA

Discussion in 'Credit Talk' started by Credithelp, Aug 2, 2001.

  1. Credithelp

    Credithelp Well-Known Member

    Since April I've been dealing with this CA called ARROW FINANCIAL SERVICE I sent them in April a Validation letter Cert. mail return receipt. I never heard anything since then just last week I found this listed on my report. What is my next move? Can I sue? Someone told me I could sue for $1000 Is this True? Do I sue in small claims court? Please help! Thanks!

    Arrow Financial Services

    Address:
    7301 N LINCOLNWOOD
    LINCOLNWOOD, IL 60712


    Account Number:

    Original Creditor:
    A.F.S. ASSIGNEE OF METRIS





    Status:
    NO STATUS.





    Date Opened:
    04/2001
    Type:
    Installment
    Reported Since:
    09/2000
    Terms:
    NA
    Date of Status:
    09/2000
    Monthly Payment:
    $0
    Last Reported:
    07/2001
    Responsibility:
    Individual



    Credit Limit/Original Amount:
    $725
    High Balance:
    NA
    Recent Balance:
    $757 as of 07/2001
    Recent Payment:
    $0




    Your statement :
    Account in dispute under Fair Credit Billing Act
     
  2. SofaKing

    SofaKing Well-Known Member

    This is important...

    Was there an entry from this collector on your credit report *before* your validation request?
     
  3. tmitchell

    tmitchell Well-Known Member

    I agree, Sofa. This question is huge. Would they really have been dumb enough to put it on the report AFTER the validation without validating it first?

    Tom
     
  4. Credithelp

    Credithelp Well-Known Member

    No, They inserted it just last week! But take a look at what they posted it on my report as is above.
     
  5. tmitchell

    tmitchell Well-Known Member

    According to the post, it has been reported since September of 2000. If that's the case, it is legal.

    Tom
     
  6. SofaKing

    SofaKing Well-Known Member

    Yes,

    If the entry was already there, then reporting to the CRAs it is "disputed" is a requirement of them.

    However, if they placed the entry *after* you have disputed and *before* they have validated, they are wrong.

    Here's yet another FTC opinion letter on the point:

    (see # II and IV)

    http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm
     
  7. Credithelp

    Credithelp Well-Known Member

    They just inserted it last week! I have like 10 reports from Experian from the past few months and it's not on there even though it's been reported since 2000. They put this on after the fact! I have reports from April, May, June, without that entry posted on there. Is that good enough to sue?
     
  8. SofaKing

    SofaKing Well-Known Member

    Are you saying there was no entry AT ALL before last week?

    Or are you saying there *was* and entry, but the statement "Account in dispute under Fair Credit Billing Act" just showed up?

    Have you read the opinion letter?
     
  9. Credithelp

    Credithelp Well-Known Member

    No entry at all!!!!!!!!!!
     

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