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#1
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Hmmmmmm, well OK. Yet another dilemma. As some of you know, skydver helped me write up an answer to a summons which stated "complaint for money" (it literally said that!). K-well, here's what's going on, I asked for a dismissal on the grounds it was an unvalidated debt, and even they [Arrow Financial Services llc] admitted to NOT having any documentation supporting their claim. So, that was about three weeks ago.
Now, yesterday I receive a reply from the court, also a copy was sent to Arrow Financial Corp's Attorney. To sum it up, this is what the letter said [from the Judge/Court]Case # Both names of parties (me & them) The above captioned matter is scheduled for pre-trial on (such n such a date) at (such n such a time). Claims, counter claims, and cross claims of any party who fails to appear personally or by counsel, will be dismissed with prejudice. A default judgment will be granted against any defending party who fails to appear either personally or by counsel. In parentheses at the bottom of this letter says: (No telephone pre-trial permitted). Now what? :shock: __________________
CLICK HERE To join my Social group, The Payday-Loan-Free Advocates! My dragon grew up!-------> <--------This is Nepolian Online Complaints Ohio Attorney General Online complaints: Federal Trade Commission. Ohio Payday Loan Laws CLICK HERE to find a Creditor |
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#2
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You are going to court lady. Be there on time to face Arrow Financial Services scam.
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Cajunbulldog Keeping an eye out for consumers. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 http://www.ftc.gov/os/statutes/fcrajump.shtm http://www.debtconsolidationcare.com.../about216.html Use this letter to protect your rights under the FDCPA myfairdebt.com & myfaircredit.com-Good source of case law in forums. |
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#3
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sounds like if you show up with all your
documentation it will be dismissed with prejudice. if arrow financial services llc truly can't produce there documentation the suit will be dismissed with prejudice. i think that is language in any pre court communicae. again i think you will win this when you go to court. |
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#4
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I would like to counter sue Arrow Financial Services, just not sure what I could get them on, and, would this be a good time to do so? lol Yeah, I am going to court, BUT, I just need to make sure I have all my ducks in a row. ANy suggestions, advice??
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CLICK HERE To join my Social group, The Payday-Loan-Free Advocates! My dragon grew up!-------> <--------This is Nepolian Online Complaints Ohio Attorney General Online complaints: Federal Trade Commission. Ohio Payday Loan Laws CLICK HERE to find a Creditor |
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#5
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Definitely! Show up to court in your Sunday finest, with a big smile on your face and all the documentation/backup laid out in front of you. Cue cards or a slide presentation might be helpful! Or maybe a PowerPoint presentation? (just kidding about those last two suggestions) With any luck the butt-munches might not even show and you'll win by default.
WITH PREJUDICE! I might add. Do you have Arrow Financial Services fraud on any solid fdcpa or FCRA violations? I honestly can't remember all the specifics behind your situation, but I think there were a few. If you have a solid case, then YES, I would definitely sue them. But I wouldn't do it just to make it seem like I wanted to get even with them for their foolishness; might backfire on you. Me personally, I don't know if I would counter sue right then either. You would still have to pay filing fee for a counter suit whether you did it then or later? (I'm asking, as I don't know) So I would definitely wait a month or two down the road, if that is the case, just for the sake of SURPRISE! (you could hire a company to serve them the papers by a woman hiding in a big cake they roll into the CA office; she could jump out yelling "SURPRISE!" handing the papers to the CEO of the company. Bet they couldn't deny they got them, could they?) I also think you have up to a year to sue on FDCPA violations? That's my half-a-penny worth of opinion, let's see what anyone else has to say. __________________
- Sorry Meg. Daddy loves ya, but Daddy also loves Star Trek, and in all fairness, Star Trek was here first. ... Peter Griffin/Family Guy - |
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#6
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Yeah, you're probably right, I'll wait awhile. I have the papers where they [the arrow financial services scam] admits they have no documentation, because I was the one who received the monthly statements, therefore I am the one with the evidence. Pffffffft. Yeah OK, here's your evidence for ya Arrow. :lol: Not in this lifetime, produce it yourself. :wink:
Anyway, yeah, they continued to collect and report on my credit report after I sent the DV, so, violations are there and pretty clear cut. __________________
CLICK HERE To join my Social group, The Payday-Loan-Free Advocates! My dragon grew up!-------> <--------This is Nepolian Online Complaints Ohio Attorney General Online complaints: Federal Trade Commission. Ohio Payday Loan Laws CLICK HERE to find a Creditor |
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#7
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Oh, then yes, I would definitely sue them! I think you're due a little "pain and suffering" compensation for what they put you through.
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- Sorry Meg. Daddy loves ya, but Daddy also loves Star Trek, and in all fairness, Star Trek was here first. ... Peter Griffin/Family Guy - |
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#8
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WHOAAA! Update! I received a letter from Arrow Financial's Attorney today, it seems they are going to appear in court, they sent me a copy of "Notice Of Appearance". They also sent me a letter asking me to call them to discuss a possible resolution to this matter. Hmmmmmmm, what type of defense could they possibly have, they admitted to not having any documentation with proof of the debt. Unless they have dug up those documents and are going to present it in court. What shall I do to prepare for this guys??? Shall I call them to see what type of resolution they are speaking of? They still have not proved this is my debt. HELP!
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CLICK HERE To join my Social group, The Payday-Loan-Free Advocates! My dragon grew up!-------> <--------This is Nepolian Online Complaints Ohio Attorney General Online complaints: Federal Trade Commission. Ohio Payday Loan Laws CLICK HERE to find a Creditor |
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#9
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i would contact just to see what's up?i would see if the court
has anything as to how they filed as well.or if they put any new motions on the docket. |
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#10
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Arrow Financial Corp. sent me a copy, BUT, all it says is "Notice Of Appearance" to the court. :? If they filed another motion, the court will have to send me a copy.
__________________
CLICK HERE To join my Social group, The Payday-Loan-Free Advocates! My dragon grew up!-------> <--------This is Nepolian Online Complaints Ohio Attorney General Online complaints: Federal Trade Commission. Ohio Payday Loan Laws CLICK HERE to find a Creditor |
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#11
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then i would contact the lawyer for arrow financial services,record the call if possible.probably wanna make another attempt to get you to
give up the documents that can make either sides case. wouldn't put it past them to try this. |
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#12
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I have a feeling arrow financial services scam are going to try an offer of compromise. But I'm not biting, I just need to be careful of what I say or how I answer them so I don't admit to anything. I wish the record system worked here at the forum, but I don't think they ever got that corrected. Quite honestly, I think the Judge is getting sick of this case, because Arrow made so many mistakes, that's why I am surprised they are showing for court, actually, it's an Attorney who will be showing, and it specified that any future contacts or correspondence should be made specifically to him. I hope skydver sees this, he has been helping me with this case all along. He may have some clue as to why they are showing for court, it's just hard for me to believe since they admitted on a court document that they had no documentation from the original creditor to support their claim, only that silly affadavit signed by one of their employees. lol
__________________
CLICK HERE To join my Social group, The Payday-Loan-Free Advocates! My dragon grew up!-------> <--------This is Nepolian Online Complaints Ohio Attorney General Online complaints: Federal Trade Commission. Ohio Payday Loan Laws CLICK HERE to find a Creditor |
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#13
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Arrow Financial Services address is
5996 W. Touhy Avenue, Niles, IL 60714 You can also call them at their toll free number (800) 279-0224 Are you by any chance located in southern California, and dealing with Brachfield & Associates? |
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#14
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No, I'm in Ohio actually.
__________________
CLICK HERE To join my Social group, The Payday-Loan-Free Advocates! My dragon grew up!-------> <--------This is Nepolian Online Complaints Ohio Attorney General Online complaints: Federal Trade Commission. Ohio Payday Loan Laws CLICK HERE to find a Creditor |
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#15
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did you ever go to court or anything like that regarding this?
__________________
http://i280.photobucket.com/albums/k...astcancer1.gif |
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#16
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My court date for arrow financial services fraud is scheduled at the end of Oct., I am trying to get the whole thing dismissed, I just need to come up with some legal info which will justify a dismissal. :?
__________________
CLICK HERE To join my Social group, The Payday-Loan-Free Advocates! My dragon grew up!-------> <--------This is Nepolian Online Complaints Ohio Attorney General Online complaints: Federal Trade Commission. Ohio Payday Loan Laws CLICK HERE to find a Creditor |





To sum it up, this is what the letter said [from the Judge/Court]


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