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#49
12-29-2008, 09:33 PM
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The debt may be valid BUT, does Arrow Financial have a legal right to collect on it? Do they own the debt? These are questions you need to ask them, naturally they will answer yes but it's up to them to prove that to you. My advice, do NOT give them a red cent, do not speak to them over the telephone unless you record each and every conversation, and NEVER admit to owing a debt until you have proof in written form that they either own the debt, or are legally able to collect it. I would NEVER pay any money to ANY collection agency without proof they have a legal right to collect it or they own the debt. That is where a debt validation letter comes in. As far as having no proof you were served papers 20 days too late, if you didn't sign for them, it seems to me that would be improper service on their part. Hopefully skydvr will be around soon to give you some advice on how to handle this.
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#50
12-29-2008, 09:59 PM
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What to do next
Thank you so much for your quick response Shazz. Okay, so what do I say when the Law Office calls me tomorrow? since I've already left a message for them. and when you say finding out if Arrow Financial has legal right? because the original loan was through Wells Fargo Financial. I do remember receiving a letter stating that Arrow Financial has taken over the account, but do I still say I don't owe? Do you the what the law says about Garsnishing wages> or income tax returns?
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#51
12-29-2008, 10:05 PM
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Have you received your initial dunning letter yet? The dunning letter is the initial contact made with the debtor stating they have 30 days to dispute the debt and ask for validation.
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CLICK HERE To join my Social group, The Payday-Loan-Free Advocates! I have a new hatching! ---> <--- CLICK my egg to help it hatch!Online Complaints Ohio Attorney General Online complaints: Federal Trade Commission. Ohio Payday Loan Laws CLICK HERE to find a Creditor
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#53
12-29-2008, 10:42 PM
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Well shucks, you only have 30 days to respond after the initial dunning letter, but, you could still ask for validation during the discovery process. When you respond to the summons, don't deny or admit to owing this debt. Like I said, keep checking back as skydivr can advise you much better than I, especially since you were served after the 20 days to respond, I would think there would be something you can do about that, I'm just not sure what it would be. I know from experience you can't trust Arrow, they try all kinds of crap outside of the law to get your money, they are also notorious for charging interest before they even get a judgment, and that's not right!
[img]/forums/attachments//bsm1_106.jpg[/img] __________________
CLICK HERE To join my Social group, The Payday-Loan-Free Advocates! I have a new hatching! ---> <--- CLICK my egg to help it hatch!Online Complaints Ohio Attorney General Online complaints: Federal Trade Commission. Ohio Payday Loan Laws CLICK HERE to find a Creditor
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#54
12-30-2008, 11:34 PM
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Standing By
HI Shazz, I'm just getting on here tonite.. Thanks for that information. Tomorrow I will begin typing up my response. Is it possible to email to you for you to look over before I submit it or should I just post on here? Just to make sure I'm on the right track with my wording. Thanks in advance and I'll be standing by to see if Skydrvr has information as well.
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#56
01-07-2009, 11:10 PM
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Arrow Financial Hearing
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?
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#58
01-13-2009, 11:15 AM
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they are debt collectors!
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#61
02-06-2009, 12:16 PM
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I AM AN OHIO ATTORNEY. SOUNDS LIKE YOU HAVE WINNER. THE PROBLEM WITH DEBT DEFENSE IS THAT YOU HAVE TO READ AND UNDERSTAND THE CIVIL RULES OF PROCEDURE, IN OTHER WORDS, YOU NEED A LAWYER. YOU HAVE TO MAKE THE DECISION WHETHER IT IS CHEAPER TO SETTLE OR HIRE A LAWYER. THEIR USUAL ATTACHMENT TO THE COMPLAINT MAY WELL CARRY THE DAY UNLESS YOU KNOW HOW TO ATACK THE DOCUMENT THROUGH THE CIVIL RULES. I HATE TO PAY MY PLUMBER, BUT I KNOW NOTHING OF PLUMBING. WHY SHOULD A LAWYER BE ANY DIFERENT THAN A PLUMBER?
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#62
02-06-2009, 12:19 PM
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Quote:
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#63
02-06-2009, 02:12 PM
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reply
what is this country or world coming to when these supposed lawyers can't spell to save there a** and post in all caps.punchline nascar?the post is too stupid to be funny.
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