As you all know, I have been going through a sega with the infamous Arrow Financial. I'm ready to sue (and send Notice of Intent to Sue) but I don't want to fax something with no grounds. Here's the story: Last October, my score tanks (after having a 672! in late August). I have two collections that were posted, one from Arrow. In December, I send the validation letter to Arrow. The account continue to be listed and NOT as "in dispute" either! Sometime in February, I get mail from Arrow (their validation). It's a photocopy of the last bill from the original creditor, to someone with my name, to an address that I'm almost 100% sure doesn't exist. In March, I sent the 2nd, estoppel letter to Arrow. To date, no response from them. In addition, Arrow is asking for about $200 in interest and they did not provide any deals as to that when they sent "validation". I phoned Arrow (because I sent a payment for deletion letter - still ademately denying the debt as mine) and was told they had this account for over a year and they sent me all they could get from the original creditor. (ding ding...no signatures!). In addition, they supposedly sent me 5 letters but guess to what address? The one that doesn't exist! Or at the very least, that I have never lived at! I'm applying for a mortgage tomorrow and I already have this listed as under dispute (via myself, not THEM). However, they refused to accept my offer for settlement and told me that the account was accurate "in their eyes". I have the Notice all typed up and ready to fax - and to send CRRR. I just want a "yeah, you have grounds" from some more knowledgeable folks before I press send. Thanks!
I would say if you are 100% sure it is NOT your acct., you have tried to get them to validate which they couldn't do, they didn't list it as being disputed, then go for it. You have tried to point out to them they have the wrong person, and just because it is accurate in "their eyes", doesn't make it legal. Sue them.
Thanks LKH...for the response. Regardless of it's my account or not, the burden of proof is on them, not me. Not to mention, they have NEVER sent any letter to me via CRRR, so they don't even have proof I've received anything from me. In addition, the bill is for $500 and I doubt they'll want to deal with me and my $500 bill. But just my luck, they'd show up. :0
While we're talking about this....here is something else. If they "supposedly" send the collection notice to an address that does not exist, the mail HAD to be returned - so they KNEW they didn't have the correct address. In addition, if they can insert info on a credit report, can't they pull one to get a valid address? Someone out there has to know if I have grounds to sue. If I can't get the info....guess I'll just take my chances and sue. It's already on my report so I really don't have a whole lot to lose.
