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Dealing with Wells Fargo Auto and Arrow Financial Services

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Found the website while trying to find out infomation about Arrow (who I figured Wells Fargo sold the debt to). Hopefully maybe someone can help me out with my situation...

I bought a car that Wells Fargo financed back in November of 2007. Very soon after that, I was in an accident that totaled said car (long story shot, people ran a red light and totalled the car, but being nobody else saw the accident and I was on a side street, they put me at fault, my word against theirs). My insurance at the time (Progressive paid most of the car off, which afterwards I went through my Gap insurance to pay the rest off. After dealing with them for a few months, they closed the file and supposedly paid off the remaining balance. I didn't hear anything from Wells Fargo for 2 years. I'm hardly ever home, but last month Arrow Financial sent a letter trying to collect the remaining debt, which I never got around to responding to. Unfortunately, I don't have any paperwork, due to Hurrican Gustav (I live in Louisiana) to contact the people that held my gap insurance.

Now they've sent some paperwork (I didn't sign for it, they just dropped it off earlier today) which includes "you are hearby summonded to comply with the demand contained in the accompanying petition and request for admissions fact a true and faithful copy whereof accompanies this citation, or to make an appearance by filling an answer or other pleading thereof, in writing with the Clerk of Court within 15 days after the service thereof. Failure to comply herewith will subject you to the penalty of entry of default judgement against you.

So here's my question...

#1. What exactly are they saying here, I don't speak legalese.

#2. Would I be able to maybe settle with Wells Fargo themselves. I've read a little about Arrow and they sound like a unreputable business to deal with.

Honestly, I don't mind paying the debt to Wells Fargo and it seems a little weird that they would wait this long, just to write off the debt and have these other people try and collect a debt that I thought was over and done with Any other advice would be appreciated as to how I can go forward with this and get rid of it.




Can't you contact Progressive to find out who you went through for gap insurance? I would think that they would have to know.

Check with your court clerk to make sure that it is a real complaint and summons filed with your court. Is there an appearance date set with the court? If so then you need to make sure that you answer that complaint, very important! If you do not answer the complaint or show up for the appearance date that is set then they can will just get a default judgment against you.

Sub: #1 posted on Sat, 04/18/2009 - 23:52

IPoured IPoured

(Posts: 223 | Credits: )

Well, gap insurance was with a 3rd party insurer, so the plan is to call Wells Fargo Monday morning and hope they still have everything on file so I can contact the gap insurer and find out what happened and also to see if I might be able to settle with them.

Also I plan on calling the court clerk in the morning. There's no date set, just the "within 15 days".

*ignore 1st post, computer logged me off the site*

Sub: #2 posted on Sun, 04/19/2009 - 15:19

moonlight_knight2 moonlight_knight2

(Posts: 12 | Credits: )

Well after making a few calls this morning, found out from the court clerk that Arrow is trying to sue me for the unpaid balance in which I have 15 days to respond to or they get a default judgement. They don't know the exact amount and so far all attempts to call the attorney for the amount of money Arrow wants have gone straight to the voicemail.

I called Wells Fargo and they told me that the account was written off and sold to Arrow. They don't have any information or record about the gap insurance paying for it. After talking to the Wells Fargo rep, I was told that after a car has been totaled, that gap should had paid the rest within 90 days. After 90 days, gap won't cover it, so near as we figured, either the gap took too long (which is possible being that I had to go back and forth with them over 2 months to make sure they got everything) or it got lost in the mail.

So, basically I'm left out in the cold to try and deal with Arrow. Does anybody have any advice or can possibly help me out to maybe settle with Arrow.

Sub: #3 posted on Mon, 04/20/2009 - 13:02

moonlight_knight2 moonlight_knight2

(Posts: 12 | Credits: )

Please I'm really in need of some advice as I don't want to wait out the 15 days I have, I want to be able to take care of it myself in the best possible way.

Should I contact the attorney that Arrow hired?

Should I contact Arrow themselves and try to neogtiate a settement with them?

Should I sent a DV letter to Arrow and try to go to court?

Please somebody help me, I'm extremely stressed over this, I think I've had about 2 hours of sleep last night.

Sub: #4 posted on Tue, 04/21/2009 - 12:22

moonlight_knight2 moonlight_knight2

(Posts: 12 | Credits: )

I would call who ever you had your Gap insurance with and verify whether they paid it or not. Most of the time Gap is purchased at the dealership. I would call the dealership where you purchased the car and find out who you got your Gap through. I would then start with that. The main thing is you have to know for certain if Gap paid or not in order to figure out your defense.

Sub: #5 posted on Tue, 04/21/2009 - 12:29

sassy_lil_brandy sassy_lil_brandy

(Posts: 479 | Credits: )

Gap insurance didn't pay, I checked with Wells Fargo yesterday when I called

Sub: #6 posted on Tue, 04/21/2009 - 17:07

moonlight_knight2 moonlight_knight2

(Posts: 12 | Credits: )

I'm a little "confused".

You stated Nov. 2007 as date of purchase, and that you haven't heard from WF for 2 years. It's only been 1 1/2 years.

Then, you say: "They don't have any information or record about the gap insurance paying for it. After talking to the Wells Fargo rep, I was told that after a car has been totaled, that gap should had paid the rest within 90 days. After 90 days, gap won't cover it, so near as we figured, either the gap took too long (which is possible being that I had to go back and forth with them over 2 months to make sure they got everything) or it got lost in the mail." "Gap insurance didn't pay, I checked with Wells Fargo yesterday when I called " Which is it? Did they not pay, for sure?


ANYWAY, can't you call your bank & ask them to find a cancelled check to your gap ins. co.? You'd need to know, approx., what the date you'd sent your last payment to them.

Sub: #7 posted on Tue, 04/21/2009 - 18:06

Unregistered


It was a 1 1/2 years, stress and sleep depervation don't mix

The only payment I actually made (IIRC) was the down payment. I didn't have the car but maybe a month at the most.

Anyway, at this point I'm probably going to try and settle with Arrow. Do I need to just call them up and talk to them personally or talk to the attorney they hired or what?

Sub: #8 posted on Tue, 04/21/2009 - 18:34

moonlight_knight2 moonlight_knight2

(Posts: 12 | Credits: )

Or should I send a DV letter to Arrow 1st? Is it too late being that I got papers from them wanting to get a judgement against me.

Right now I'm trying to weigh my options, but I want to get something done by Friday (even though I have another week), either with sending the DV or trying to settle with them.

Could anyone give me a step-by-step of what to do with how to plea and sending a DV?

What about a default judgement, what does that entail exactly?

Sub: #9 posted on Wed, 04/22/2009 - 18:51

moonlight_knight2 moonlight_knight2

(Posts: 12 | Credits: )

Seein' as how you're running out of time, I'd get ahold of an atty., but...Do you know how much money they're suing for?

Whatever you do, make sure you get hard copies of any agreement, and tape any phone conversations.

You can call them & see what kind of deal you can make, but...I'd make sure the 3rd party ins. co. hadn't already paid it off.

Ask Arrow for proof that they have the right to collect.

A default judgement will automatically make you pay whatever amount Arrow says you owe, plus atty. fees, filing fees & anything else they can tack on. (You won't even need to go to court.)

Good luck!

Sub: #10 posted on Wed, 04/22/2009 - 19:31

Unregistered



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