Scouse Posted March 17, 2008 Report Share Posted March 17, 2008 In the summons title I received Arrow presents themselves as the "assignee" of the debt.In the complaint they claim to be the owner. How can they refer to themselves as both? Isn't this misrepresentation? Link to comment Share on other sites More sharing options...
debtorshusband Posted March 17, 2008 Report Share Posted March 17, 2008 I believe that "assignee" is commonly used in this context, i.e, a lawsuit, and it means they were not the original creditor. But now Arrow owns it, as they must, in order to sue. They certainly couldn't sue if it was still owned by the original credit card issuer.Sorry, but there's no misrepresentation here.DH Link to comment Share on other sites More sharing options...
Nikro Posted March 18, 2008 Report Share Posted March 18, 2008 Arrow, huh?I dont know the specifics of your case, but my plan with them would be to challenge their records on this alleged debt. They probably don't have evidence to back up their claim. They are hoping you ignore them or don't show up in court. IMO they are one of the bottom of the barrel JDB's. Link to comment Share on other sites More sharing options...
cjtx Posted March 18, 2008 Report Share Posted March 18, 2008 Scouse,Misrepresenting (or causing confusion about) ownership of the debt has been considered a violation of FDCPA by several courts. One such case is Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000). Link to comment Share on other sites More sharing options...
Nikro Posted March 19, 2008 Report Share Posted March 19, 2008 Scouse,Misrepresenting (or causing confusion about) ownership of the debt has been considered a violation of FDCPA by several courts. One such case is Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000) .Thanks for posting this. I think it's something we can use in our situation. Link to comment Share on other sites More sharing options...
Scouse Posted March 24, 2008 Author Report Share Posted March 24, 2008 cjtx....are you saying that how they represented themselves is a violation? Once they own the debt...how could they still refer to themselves as the assignee?? Link to comment Share on other sites More sharing options...
willingtocope Posted March 24, 2008 Report Share Posted March 24, 2008 In legal gibberish....when an OC sells a debt to a JDB, they "assign" all rights and provaledges of the original contract. The JDB is both the "buyer" of the debt, and the "assignee" of the associated rights. Link to comment Share on other sites More sharing options...
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