Help...gearing up to sue Arrow Financial
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Posted by piggybank (126.96.36.199) on November 03, 2002 at 16:43:28:
I've got them on numerous counts--just want to make sure that I've got my bases covered and try to establish a 'fair' settlement offer for them ($$). I didn't really care about collecting $$$ from them at first (just wanted deletion)--that is until they crossed the line AGAIN. Now I'm determined to sue/make them pay on principle alone. They are slime.
CA: Arrow Financial--Illinois (Assignee of MWards)
Original Amount: $275
briefly: I paid MW $275 in full in 1997...of course no documentation...shame on me. Arrow lists acct on my report with new date of delinq in 2000 and a total amount due of $425. On June 7th, 2002, I sent them formal dispute of acct information, notified them of FDCPA violations for reaging and adding $$$ to amount, formal validation request letter and formal C&D letter, along with a few mentions of notifying the Atty.Gen, BBB and others. Got green cards back (3-sent to all 3 addresses they listed on my reports and faxed to another). Voila! They deleted in less than 10 days, but never heard any response from them. End of story, or so I thought. :-(
On October 23rd Arrow reported the same account AGAIN to CRA's (EQ and EXP) and they re-aged it again, AND they even had the nerve to tack on another $100, bringing their total to $525 past due as of July 1st. They NEVER responded to my initial validation letter, they never reported the account as disputed, they violated C&D letter, etc) Now, they have KNOWINGLY reported false/inaccurate info to CRA's viloating the FCRA.
I'm livid. I'm preparing my response to them prior to filing legal action. (I do have an attorney who will file the case if they fail to respond to my settlement offer). I want to know if there is anything that I shoud definitely include in my communication with them? As well as anything I should avoid? I could count at least a dozen FDCPA and FCRA violations, but what would a realistic settlement offer be?? Also, can I demand that they provide proof of their licensure/bonding to do business in Arkansas as part of my settlement (needless to say, I'm a little suspicious)? I'm going to give them Until Nov 15th to comply with ALL of my demands before filing suit. Any and all help would be greatly appreciated.
Thanks in advance.
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