Arrow Financial Services - Are they good to deal with?

You are going to court lady. Be there on time to face Arrow Financial Services scam.

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.

I would like to counter sue Arrow Financial Services LLC, 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??

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 complaints 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.

If I'm being sued by arrow financial services, 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.

Yeah, you're probably right, I'll wait awhile. I have the papers where they admit 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.

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.

WHOAAA! Update! I received a letter from the attorney for Arrow Financial Services LLC 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!

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.

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.

then i would contact the lawyer for Arrow,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.

I have a feeling arrow financial services llc 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

Arrow Financial Services address is
5996 W. Touhy Avenue, Niles, IL 60714
Arrow Financial Services phone number is (800) 279-0224 (toll free)

Are you by any chance located in southern California, and dealing with Brachfield & Associates?

No, I'm in Ohio actually. :)

did you ever go to court or anything like that regarding this?

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. :?

My cousin had filed a BK back in 2005 and it was discharged. I don't know if Arrow Financial was the original creditor, but the actual debt itself was included in the BK. Well now, 3 years later, Arrow financial is trying to collect on the debt that was discharged. She wasn't even aware that they were trying to collect again. Her employer had informed her of this because they run background checks(criminal, credit, etc.) every so often.

But if they can't prove it's yours, why not go to court, countersue for your time, etc and collect from them?

That's exactly right, I plan on countersuing for sure, I just need to get all my ducks in a row first! This has been very time consuming for me, yet the Judge is allowing this to continue even though there has not been one shred of evidence that a debt ever existed in my name, go figure. :x

well my fingers will be crossed for you, and hope that it works out in your favor.

Are you doing this all yourself or have you gotten an attorney or other debt advisor? I would assume that would cost a load, and might also give the judge the opinion that you have something to hide though?

Hello. I came across this forum when doing research on Arrow Financial Services. I wanted to share some info I found prior to reading this, and it might be of some help. Its regarding the appearance in court request without validating the debt. I can share the website it came from if need be.

When a collection agency responds to your request for validation with a summons to appear (meaning they are trying to get a judgment against you)

1/17/2002: These sneaky collection agencies are starting to catch on to the debt validation concept. (No doubt there is some kind of collection agency newsletter going around telling these folks about the whole process.) I've heard from my readers that some collection agencies are starting to respond to validation requests with summons to appear in court. There is precedent which says that a collection agency cannot even file suit against you if they haven't validated the debt within the initial 30 day period. If this happens to you, you may cite the case:

Spears vs. Brennan

The appeals court determined:

"Brennan (plaintiff collection agency attorney) violated 15 U.S.C. ???? 1692g(b) when he obtained a default judgment against Spears (defendant) after Spears had notified Brennan in writing that the debt was being disputed and before Brennan had mailed verification of the debt to Spears."


This means that you have an absolute defense in court to deny them judgment if they still have not validated the debt. Once you get your fdcpa dispute letter in, the collector cannot even get a judgment until they satisfy the FDCPA law. The appeals court overturned the default summary judgment in part because the collection agency lawyer did not meet the rules of the FDCPA.

This could be grounds for getting a default judgment vacated. It's also another violation of the FDCPA and you can collect $1,000 from them.

Hope this helps!

Quote:

The fact is, Arrow Financial has NEVER produced ANY documents whatsoever that this is my debt, and have even admitted they have no documents available in regards to this debt. It's beyond me why a judge would let it go this far with no proof supporting this claim as well as an admission from the plaintiff. :?

Did you actually motion to dismiss? You should have gotten something from the court at least denying your dismissal...but courts won't just ignore motions. Also did you motion for discovery and ask for those documents..the CA can try to snake by saying at court that you never 'officially' asked for them in a motion.
I would countersue just on the solid violations such as updating your credit reports and continued collection practices..those are clear violations. Trust me..CAs look at things in a whole new light when they are in danger of having to pay out themselves.

You could cal the court and ask them what is the status of your motion to dismiss (if it actually was a motion you filed).
Also record the phone call with the lawyer if your state permits it, and if he asks you for anything relating to the debt itself, just reply with something like, "So you are attempting, yet again, to collect upon this debt despite the fact it is still under a debt validation demand?" Let him weasel out of that one, on tape. And if your state is two party, inform him that you are recording the call for your protection, and if he refuses, then simply say alright, then this call is over..I am sure the judge will find it interesting that you were unwilling to speak with me on record.

The court denied the motion for dismissal and said I needed to answer the interoggatorie, they set a date for pre-trial at the end of this month. And yes, I did request validation during discovery but Arrow replied that they have no such documents in their possession because the defendant is the one who received the statements. lol So yeah, they basically said they have nothing in hard copy proving I owe this bill, and it's on the record, but the judge STILL scheduled a pre-trial. :?

Hm that sucks. Did you answer them with 'insufficient information to agree or disagree' ?

I would deny having any such statements that you haven't the foggiest what they are talking about. Your response in court could be something along the lines of, "This company out of the blue starts demanding money on some account they allege I have, yet they have not one shred of proof to this claim. How can they determine that I do in fact owe them this money when they themselves have no documentation to this effect? Makes them look like they got the facts from the tooth fairy or something.

Oh yes, I'm not admitting to anything without proof, they (Arrow) have demanded statements, cancelled checks, etc. from me, but I have zilch. As if I am going to prove their case for them, hah!

Heh, on the notion you could also make them look real stupid, also bring up this: How did you even determine the amount you claim I owe without any sort of documentation?

At least you can answer those demands truthfully..you can't produce what you don't have. Seriously, how can they expect you to produce canceled checks or statements from an account that seems to not exist. Honestly, how can they respond to that without looking like morons. You might be able to really use that...they want statements or checks from what account exactly? :)

I have an entry on my CR for Arrow Financial for a credit card. I received a call from Enhanced Recovery Corp offering a settlement on this same debt, but their name does not appear on my CR. I did not respond to the settlement offer, but instead sent a validation letter to Arrow and ERC. After reading all these posts about Arrow, I'm really scared now. Will they respond to my validation request with a summons?

the purpose of the pretrial I believe, in part to allow the judge to review what information exists. Bring what you have and let them bring what they do have (Or not).. it might be good to pay for a hour or two of time with a good attorney, to get some assistance with this.. also if you haven't already, their offer to talk is a good sign that they are interested in settling, even if you are not able to work out something I would at least respond so they can't argue that you ignored their attempt to work out a solution.

Good luck. AF are a*****s


Edited: Let's keep this "G" rated folks - ND

WHEN YOU GO TO COURT, DISPUTE THE ACCT AT THE PRE-TRIAL CONFERENCE, IT WILL BE SET FOR TRIAL AND IF THEY CAN NOT PROVIDE PROOF OF THE DEBT, THE CASE WILL BE DISMISSED. IF YOU FAIL TO APPEAR A DEFAULT JUDGMENT WILL BE FILED AGAINST YOU AND YOU WILL LOOSE ALL YOUR RIGHTS, HOWEVER, IF THEY HAVE NO PROOF THE CASE WILL BE DISMISSED AND YOU WILL NEVER HAVE TO RE-PAY THE DEBT.
WHATEVER YOU DO, NEVER SAY IN COURT THAT IT IS YOUR DEBT, OR YOU LOOSE. THE BURDEN OF PROOF IS ALWAYS ON THE PLAINTIFF AND NEVER ON THE DEFENDANT.

thank you tim mccarver,but it's obvious you haven't read the whole post.here are the facts.

1)she already had a default judgement vacated for improper service.
2)the judge keeps ordering continuances desipte the fact that ARROW has nothing to prove the debt even exists much less that shazzers owes it.

thanks for stopping by,but that was a cookie cutter answer and just because you posted in all caps means nothing.just like what you really know.

unsubstantiated accusations will not be tolerated - ND

I know this is an older matter; however, it seems that there are a lot of arm chair lawyers on here who really don't know what you are talking about. Most states have their codes (legal books) on line and they are free to look at, download, print, ect. Had any one of you taken the time to read one, you would know that no one on here should be giving out legal "advise" as it is obvious there is not a law degree among you. Besides, giving legal "advise" without a license is just as illegal as attempting to collect a debt that is not valid.

Nobody ever said that arrow financial services are lawyers, nor is anyone giving 'legal advice' simply telling people how to do something they have done before and it is funny that you should mention the laws available online, because that is where most of us get our information.

It is ilegal to pretend to be a lawyer, but offering advice like we do is not illegal. I mean get real. Oh and besides, it just so happens that a few on here ARE lawyers. Just thought I would point that out.

it's obvious golden that was a troll.the only thing they left out was the part about paying your bills.i almost expected it to say something like.
"instead of listening to advice on forums like this you should have just paid up"

i will admit they are getting better at times with there rhetoric,but that don't mean they are less of a troll.

SOMEONE WHO KNOWS gave good advice. There could have been more, but what was given was accurate. paulmergel, you came down too hard and too quick. I also know because I am a lawyer who does consumer debt defense.

i stand by my statement guest.that was a cookie cutter answer that had nothing to do with the context of this thread.also posting in caps is the same as yelling.just wanted to point that out.

Well guess what, I won this case anyway, it was dismissed with prejudice, so put that in your pipe and smoke it lhinton, the "arm chair" lawyers advice-helped me WIN this case. :P

VERY COOL, shaz!!!!!

VERY glad to hear it....and very glad that i was able to help you with some of this mess. Now, just wait til you get my bill........lmao....

Looks like you had a Merry Christmas, Shazzers....... Congrats....

I was served with court papers on Friday 12/26....by arrow financial. I dont know what to do or how to respond?? I need help and fast...

Good on YOU! :) Congrat's!

Quote:

Congrats on your success!

mergel, thanks for you mini-lecture. i know what all caps means. i put the name of the poster in all caps because that was how "someone who knows" entered their name. geez, you're ****. the purpose of this forum is not to see if moderators can control the flow of information and give lectures for stupid little things. notice, i used no caps. is anyone else offended?

[color=Red]****Adult term removed - Jason[/color]

HI there, I have read all three of these posting from beginning to end. I still have a question. We were served tonite with papers listed the same as the person at the beginning of the posting. It was two sets, one said the Summons, the other was the Complaint for MOney Due. They are both dated on December 12, 2008.. So it being hand delievered tonite exceeds the 20 days it said I had to respond. I did not sign for receiving the paperwork and the man's name given who delievered it was "Bill". I thought it was strange we didn't have to sign for it, but now I have no proof I just received it. I immediately called and left a message at the law office to tell them I was just delievered the papers without a signature and I wanted to know what to do now. Since it's past the 20 days. Do you have any advice? The debt is in fact valid and we are concerned with wages being garnished. We live in Washington State. Do you think we should contact Arrow Financial and try to work out a payment arrangement? Since the debt is valid I wasn't sure of how to respond to it. Thank you in advance for your time and consideration.

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.

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?

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.