Jump to content

Arrow Financial doesn't wish to cause me unnecessary inconvenience?!


verifyit
 Share

Recommended Posts

Here is my situation....

April 17th 2008 I sent a letter to Mann Bracken disputing a debt with Arrow Financial. Didn't hear anything...then 2/9/09 I got a summons from Mann Bracken's local lawyer.

On 2/18/09 (I had 30 days to file my answer) I filed a DV letter with the court and the attorney for MB. I have not heard or gotten any DV info but now, 3/2/09, I got a notice of arbitration.

I sent a CMRRR letter basically stating...

According to the FDCPA Section 809…Validation of debts [15 USC 1692g] (B) If the consumer notifies the debt collector (you) in writing within the thirty day period (which I did) described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof.

March 12th I got a Motion of Extension from the local Lawyer. Now I have gotten a letter, 3/16/09, from Mann Bracken stating "They would like to discuss the matter further...contact them as soon as possible....we can conclude this with no further inconvenience to myself or their client (Arrow Financial)...they want me to call at speak with Mr. Blah Blah or the other Mr. Blah Blah." Oh and if I have a tax refund coming I can use that to pay them?

I have not called them and do not plan on it but I would like to send them a letter.

What is going on? Or should I ask, what are they up to? Any ideas?

Thanks

Link to comment
Share on other sites

As best I recall, a DV does not bar the filing of a lawsuit. As odd as it might sound, a lawsuit is not defined as continuing collection activity. You need to read the staff commentary to the FDCPA.

By the way, filing a copy of the DV with the court is not the correct way to respond to a lawsuit.

Any ideas? Yes. Talk to a lawyer. You are in way over your head and you need more than chatter from strangers on the internet.

Link to comment
Share on other sites

Wiser Now has given some good advice...don't make the mistake of confusing consumer tools under the FDCPA (such as requesting validation) with the mandatory rules you must follow when dealing with a lawsuit...if you do you'll loose the lawsuit before you even get started.

I've heard arguments on both sides of the issue regarding whether or not filing a lawsuit constitutes "continued collection activity" but frankly, I don't think it does, at least not in most cases and if it does then it probably only does so under very specific circumstances.

Also keep in mind that FDCPA violations, even when they exist, won't prevent you from loosing a lawsuit...you can sue them based on violations but even if you win, the max you can win IF you win is generally $1,000 which may not go far compared to the amount of a judgment.

Link to comment
Share on other sites

I'm sorry I guess I don't understand, how did I go from arbitration to a lawsuit? Now to a letter of them asking me to call them?

What I want to know is..is this normal, are they trying to go around arbitration? Just looking for some clues. Do I call or respond in a letter?

What I should or should not have done does not help now. I had already done the DV as an answer to the summons before finding this site.

Thanks again.

Link to comment
Share on other sites

Before we get too far ahead of ourselves and telling the OP to pay...

Besides it can be construed as an admission of the account in the event this does go to court.

When was the last payment on the acct ?

Was there any proof attached to the summons, ie...copy of cc statement?

Is is still within the SOL?

If they dont have any proof and are trying to scare the OP into paying, especially from a JDB, it's not right.

Link to comment
Share on other sites

I'm sorry I guess I don't understand, how did I go from arbitration to a lawsuit? Now to a letter of them asking me to call them?

What I want to know is..is this normal, are they trying to go around arbitration? Just looking for some clues. Do I call or respond in a letter?

What I should or should not have done does not help now. I had already done the DV as an answer to the summons before finding this site.

Thanks again.

You don't understand???

How did we from "I filed a DV letter with the court" to arbitration? Your initial post said "COURT"; there has not been a word about arbitration until now.

There is a hell of a lot of difference between "court" (which usually means lawsuit) and "arbitration"...maybe you need to start over; no one here can help you if you don't lay out all the facts.

Link to comment
Share on other sites

Either they are taking you to arbitration or they are trying to confirm an arbitration award you have no knowledge of. Either way, a DV will do nothing- I repeat- nothing with Mann Bracken.

PLease seek an NACA lawyer in your area. At the very least he or she can tell you where you stand. For real, and not on Internet time.

Link to comment
Share on other sites

Mr. Nasheville, I did mention I got a notice of Arbitration on 3/2/09 in my first post. I got the summons, a notice of arbitration then I got a "Motion of Extension" on the arbitration from the MB local lawyer, then I got this letter from Mann Bracken.

When I got the summons I had to answer the summons and file it with the clerk of court. Court, summons I guess that is where I did not explain well enough.

I got some information somewhere else that said to send the letter (unfortunately it was a cut and past thing, now I know better from this forum) that I did as the debt has still not been verified even though I asked for verification back in Feb of 2008.

I still have the CMRRR from 2/2008 when I originally asked for verification. I have the others also...

The amount they wish to collect is $1170.00. I would probably spend more than that on a lawyer. There has still been no debt verification from Arrow or Mann Bracken. I realize someone said it does not matter with MB.

It is still within SOL and the last activity was 6/2007.

Hopefully that answers the questions I need to answer.

Thank you for your help.

Link to comment
Share on other sites

Perhaps a wiser course of action is to just pay the debt. You've not anywhere said that you don't owe it and what you have said leaves the impression that you are trying to dodge payment through the FDCPA. That is fine if you know what you are doing. You do not. Keep on this course and you will end up with a judgment including court costs and attorney fees, owe more money, trash your credit worse than it is today and risk a levy on your bank account, garnishment of wages, liens on your home, seizure of your auto. Is the risk and reward in proper relationship?

I repeat. Get an attorney. If you think it is too expensive, then just pay it. If you want to ignore that advice, then prepare for a rectal exam.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.