So im 22 and have debt, ive been trying to do some research tonight in order to fight this $4,100.41 debt with Arrow.
So Ive gotten a civil hearing notice in the mail from
arrow financial services. From looking at my credit report on transunion.com/investigate ive gathered the information that Arrow purchased my Debt from Providian March 2007 as it states 'Closed' under the Providian information, and placed for collection under the Arrow information with a date as of April 2007.
Im unsure of "everything" I need to know, but hopefully have the majority of it.
-First respond to the hearing notice, stating I will be defending the complaint.
Questiong #1 On the hearing notice it states "if i have a claim against the plaintiff which is within magesterial distric judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form"
WITH THAT SAID... what does that mean? Does that mean this information that I have should come in affect?
MY INFORMATION: =)
Under 808 Unfair practices of the fdcpa, debt collection agency is prohibited from collecting any amount (interest, fees, charges, and expenses) unless authorized by the aggreement. If a debt collection agency own your account, and you did not expressly enter an agreemtn to pay interest and fees to that collection agency, than they cannot charge you anymore than what the already existing balance is.
Providian closed the account March 2007, the balance was $3,133.
Arrow took over around then and starting collecting April 2007, it states the original balance was $3,133.00 and the most up to date balance on my credit report is $3,803.00. They are now suing me for $4,100.00 So I presume they were tacking on that interest.
I am unsure if they are authorized to add the interest or not, if so should I question back with "Does the plaintiff have the legal documents showing this information". ?????
Which brings me to my next move I will be making this week.... should I send them a letter requesting Validation...(via certified letter and receipt that they received it). I do not remember receiving any type of mail from them saying they purchased from Providian.
Other thoughts in my head
How do I know Arrow is collecting for Providian/washington mutual? What legal documents do they have to prove that they are legally authorized to collect? How much is the actual debt? What payments have already been made on the account?
**All in all, my real question is....What would be the claim I would tell the district office before the hearing?