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I've sent a DV letter to Arrow and received a letter stating they don't have to validate the debt due to fact that I've responded 30 days after my first notice. Is this true? If so what is my next course of action? All I have so far is that it's a "personal loan" from National City bank from 2001.

They have to validate regardless of the 30 day time period as stipulated by the fdcpa. The 30 day time period is the clock set for stopping collection until they validate meaning if you dispute within 30 days of receiving your first written communication then they can not report to the CRAs and they can not continue other collection methods until they validate per the FDCPA rules.

If you are outside your state SOL what I would do is send them a second validation letter with a cease comm attached and then dispute the entry with each of the CRAs. This will force them to either validate properly or violate both the FDCPA and the FCRA. It would probably be a good idea to get a phone recording device to catch them in violations also. If you are in a one party state then you just record when they call. If you are in a two party state then put in your DV letter that all calls made to your home and work will be recorded and when they call start the recorder and start off by saying this call will be recorded and if you do not agree then you must hang up. This CA is sneaky so make sure to document and record everything.

Sub: #1 posted on Mon, 08/25/2008 - 08:57

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You need to check when the last payment was made to this thing. If it was in 2001 then you are really close to the time limit on reporting to the CRAs as well. I would dispute it with the CRAs as time barred and as not validated both. You should also pull copies of all 3 reports and make sure they are not trying to make this debt look a lot newer than it really is. You may have to pull copies in a couple months aswell just to prove that this CA is continuing to report improperly which is a FCRA violation.

Sub: #2 posted on Mon, 08/25/2008 - 09:01

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