Sent a DV letter to Arrow AFTER the 30 day window and their reply was.... "We have received your request for validation of the above-referenced account. The FDCPA (shortened by me), provides that unless you demand validation of your debt within thirty days of your receipt of our first letter to you (which contained the statutory notice required by the FDPCA), we are entitled to assume that your debt to us is valid and to continue our collection efforts. As of the date of this letter, your current balance on the account is $bla bla. Arrow Financial Services LLC purchased your Washington Mutual Bank on Febuary 27, 2007. Our records indicate that, you opened this account on June 25, 2004. (they did a hard pull to get this date) Please be aware that we may continue to contact you regarding this account. We appreciate the opportunity to assist you in this matter. If you have any further questions, blah blah blah." My question is, is this validation? What should I do from this point? Please help. They offered to settle for 1/2 at one point.
The don't have to validate it now. However, they do have to have a physical office within the State of Ohio. You may try that angle.
Really? I didn't know they have to have an office in Ohio. I'll go try to google that. =) I've been reading a ton but haven't come across that angle yet.
Ohio Collection Agency Laws Following is some important information on Ohio debt collection laws including: Ohio Statutes, Ohio Judgments, Ohio Garnishments, Ohio Interest Rates, Ohio Bad Check Laws and Ohio Collection Agency Requirements. INTEREST RATE Legal: 10% Judgment: 10% STATUTE OF LIMITATIONS (IN YEARS) Open Acct.: 4 Sales Contract (UCC2-725) Written Contract: 15 Domestic Judgment: 21 renew every 5 Foreign Judgment: 21 renew every 5 BAD CHECK LAWS (CIVIL PENALTY) The greater of $200 or three times the amount of check and attorney fees (no maximum) GENERAL GARNISHMENT EXEMPTIONS See federal law. Garnishment limited to once a month per employee. COLLECTION AGENCY BOND & LICENSE Bond: No License: No Fee: No
There is a case from the Ohio Supreme Court that stipulates that they must maintain an office. I don't remember the case style but, I think it was against Cavalry. It may be codified as well. Check the O.R.C. online.
I can't seem to find the case (I'll keep looking) but the Ohio AG's office says they don't have to have a physical office in Ohio OR be licensed here. Our state isn't consumer friendly at all! It stinks!
don't give up I was about to give up with Arrow. I contacted Apex as I had it with Arrow and after a year of fighting they deleted the negative records off my credit reports. If you can't handle it and want to hire someone I suggest Apex... I blew up all their faxes and mail boxes and kept all paper trails. I was going sue these bastards but I'm just happy it's off my reports now. What actually worked believe it or not was my letter to the BBB. Good luck and they will offer to settle less then for 1/2 theyr offered me 33% but i wasn't paying them jack as it wasn't even my account.
Just to clarify, we don't delete them everytime. Pretty decent success ratio on EQ and TU but, EX can be tricky.
You know, my brain is fried from reading so much but in section 809(c) is says: "The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer." I'm not disputing the debt from the OC in my particular case is valid but if a JDB says they bought it, prove that you bought it. You can't just do a hard pull on my CR, get info from there and then send me a bill because there is a CO there. How am I supposed to know that this JDB isn't just blindly saying they own it if they really don't? How am I supposed to know if you have PP to be pulling my CR in the first place??? If you can prove you bought it, I'll work with you. If I owe, I'll pay. Doesn't the consumer have the right to dispute the debt at any time? If I dispute the debt, shouldn't the CR show that I disputed it whether it was within the 30 days or 6 months from now? Do these JDB have the right to not send a dunning letter, even though they say they did, and then the consumer has no rights whatsoever because the debt wasn't disputed within in 30 days? I get so angry at these loopholes! I think I needed to vent. Thanks for listening. lol
