Dealing with Wells Fargo Auto and Arrow Financial Services

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.

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*

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.

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.

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.

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

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.

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?

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?

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!

I wouldn't trust Wells Fargo when they say that Gap never paid. You need to contact whoever you got the Gap through to verify this.

Well right now my plan is to send Arrow a DV letter out in the mail tomorrow (w/ a receipt) and have them validate the debt. Wells Fargo and Enterprise have both given me the runaround with regards to who I had gap with and that whole situation. Honestly, I wish that Hurrican Gustav wouldn't have ruined all my paperwork that I had, because I would have gone straight to the gap company on Monday instead of dealing with the other two.

Also I plan on contacting both the attorney that Arrow hired and the court clerk to tell them that I sent a certified letter and Arrow needs to validate the debt before I do anything else.

Just a quick update. I sent a certified DV letter to Arrow on Friday, and they recieved it on Monday. I also went to the courthouse to enter a plea "that I don't have enough information to correctly answer due to the fact that Arrow has not validated the debt.

So I guess I'm just waiting to see how Arrow or their lapdog attorneys are going to respond. Right now, I feel that if they want my money, they are going to either fight me for it or validate the debt.

Well I got an update on my situation with Arrow. I got a bunch of papers in the mail Friday (not from Arrow but from the attorneys they hired) and here's what was in them...

1. Request for Payment Arrangements.
Page 1 they want to fill out all my information

Page 2 is a consent judgement form for the debt, which I guess they want me to sign and not try to fight them. My biggest problem so far is that there's no total amount owed anywhere. It just says "in the full sum of $1280.33, together with accured intrest of $469.19, and additional intrest of 5.5% from Nov 30, 2007 and 25% attorney's fees of the aggregate of proincipal and intrest, and for all costs of these procedings. subject to a credit of $.00". This was also on the summons, but no total amount owed or for a settlement.

2. Confirmation and Valiadation of Debt.
Page 1 Cover letter saying thank you for written request for verification

Page 2 Confirmation and Validation of Debt. All this has is the following typed out... my name, address, social security no., typ of account, account no., original creditor, plantiff, account balance ($1580.33, note a diffrerent amount from the rest of the papers) and intrest rate. Is this proper verification, it seems lacking?

Page 3 Affidavit of Correctness of Account

Page 4 mostly same as page 2. has date, name address, arrow account #, original creditor account #, original creditor, total current balance ($1280.33) and last payment recieved

Can anyone help me figure out what would be the best thing to do next and walk me through it

I am assuming you are going to court, if so, file a Motion for Discovery. It is much more comprehensive. If it is a junk debt buyer, for instance, they have to tell the court how much they paid for the debt in Discovery, so it is a handy tool.

DO NOT sign a consent judgment, it's still technically a judgment. They are sending you that because they know now that they are looking at a fight and are hoping to squirm out of it.

How do I file a Motion for Discovery?

Ask your court for their local procedures.