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First I would like to thank you all for taking the time to post such great advice on this site, it really is appriciated. I was certain my credit would be doomed for the rest of my life until I ran into this forum. arrow financial has been a royal pain for the past couple of years, after reading about my rights and diffrent methods to fix my own credit on this site I was able to stand up and I won! I sent a DV letter after disputing info on all 3 CRAs. I was certain I was going to have to go to court. To my surprise I got a letter from them stating that the information had been removed. This is the letter I sent via CMRRR Jose L xxxx xxxxx xxxxxx Arrow Financial Services 5996 W Touhy ave niles, IL 60714-4610 Date 2/4/2011 Re: Acct # xxxxxxx To Whom It May Concern: This letter is being sent to you in response to records found on ONE or MORE of the credit beauros reports (Equifax, Experian or TransUnion). I have recently disputed information through the CRAs listed above and you "verified" the information. How can this be? Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be DELETED and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. Also at this time, I would like to remind you that a Collection Agency can NOT be BOTH purchaser and 'assignee' it's one or the other as we learned in Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000), You are reporting your self as an assignee while First Premier bank shows you as a purchaser. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards, Jose L. |
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Congrats! Have you double checked to make sure it's been deleted? I'm going through this process right now myself and I hope for the same results as you!!!! |
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I hope you get the same results as well! |
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Do you know if I can send the same letter if the debt is already paid in full? I have disputed through the CRAs. Some CRA removed the record while another CRA left the same record on. I am not sure what to do next. I know that transunion gave me access to a pdf to print out and mail in another dispute. However, experian, who actually left more debts on the report told me to call a phone number. I went through the automated process of disputing the debt but then they transfered me to an agent. I didn't know what to say, so I hung up! Should I mail in an additional dipute or dispute it through the CA or the OC? Any help would be greatly appreciated! Rae Ann |
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I think the best way to dispute is in writing. According to some of the advice I got you dont have to send the disputes via "certified mail return reciet requested" CMRRR but I did just so they know I'm serious. I also read that when disputing is always good to dispute individual items in order. Your first dispute could be, Account is not mine, if that fails dispute: Never late, then wrong date, etc etc. there is a list some where on here on the order. This is what I sent the CRAs to dispute information: TransUnion Consumer Relations P.O. Box 2000 Chester,PA, 19022-2000 Attention: Consumer Relations I recently obtained a copy of my credit report from your service and have found the following items to be in error. Item #1: I dispute "company name" account #4xxxxxxxx. I have never been late on this account. Item #2: I dispute "Company name" xxxxxxxx. I have never been late on this account. According to Section 611 of the Fair Credit Reporting Act, I am requesting that you re-investigate those items indicated, and promptly delete any unverifiable, inaccurate, or outdated information from my credit report. In addition, I am requesting a description of how the investigation was conducted along with the name, address, and telephone number of anyone contacted for information. Furthermore, if there is a change in my credit history resulting from your investigation, I am requesting that an updated report be sent to those who received my report, within the last two years for employment purposes, or within the last one year for any other purpose. My full name is: xxxxxx My Social Security # is: xxxxx My date of birth is: xxxxx My address is: xxxxxx City: xxxx State: TX Zip Code: xxxx Please send me an updated copy of my report, and notification that items have been deleted. I will consider 30 days a reasonable time for your re-verification of these items. Thank you for your prompt attention in this matter. Sincerely, your name ----------------------------------------------------- You can use my DV letter to ask for validation, however note that I was to the point of threatening legal action, I can do that be cause that debt was outside of the statue of limitations which in my state is 4 years and that provides me with a security blanket so they dont sue me first! You can tailor the letter and leave of the threats but still be to the point if you like. Either case, if you have disputed with the CRA and the collection agency came back "verified" you have a righ to ask for Debt Validation! if it has been a few years you will be surprise to find that they cant actually validate it! I'm 2 accounts away from having squeaky clean credit, I started with 10, I'm even disputing late payments on an old car loan thats been paid for years. It will make that account go from bad to actually being beneficial to my report! One thing to keep in mind, you can dispute inaccuracies with the CRA you can request debt validation with the CA you can request "investigation" with the OC Dont send a DV to the OC, they are not obligated to respond. Send an "investigation" request instead, there's a diffrence and they are required to perform an investigation and provide you with proof. Good luck! J |
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