Consumer complaint received 2016-02-20
Company: Allen & Withrow
State: AR
Product: Debt collection
Sub-product: Credit card
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
JunkDebtCollector. Allan and XXXX XXXX XXXX XXXX Arkansas XXXX. XXXX XXXX XXXX XXXX, AR XXXX ( XXXX ) XXXX XXXX are suing us in court.In the District Court Of XXXX XXXX XXXX Arkansas XXXX Summons ( Notice of Lawsuit ) Case Number XXXX .XXXX Plaintiff. XXXX XXXX XXXX Defendant .All they filed with the Court was an Affidavit Of Account when first filed. XXXX Bank has written off the loan and Allan and Withro have bought the debt. They are a third party Collection business. They do not have the right to even collect this debt.They bought debts Banks have written off for penny 's on the dollar.And there are stacks of these they are bogging down the court with They are using manners that are against The Fair Debt Collection. Only filing an affidavit. They are harrassing us to death. Our son has XXXX and is having to try and file papers back for theirs filed. I his mother am XXXX and suffer XXXX, It is causing XXXX between my husband and i. These Attorneys do not own the debt. They have nothing to show they own the debt. No credit card number.They are violating Federal trade commission rules. ( They are using false representation or Deceptive means to collect or attempt .Our son filed with the court Interrogatories and request for production.All they sent to us was A lot of paper work supposedly from XXXX XXXX . No Credit card number. No signature of consumer. Lots of just Blank spaces.And an envelope for us to send them back what? At the bottom of their letter it says ~ This communication is from a debt collector and is an attempt to collect a debt. Any information will be used for that purpose.! They want us to give them information? They did not send any answers for the interrogatories! Request for Admission. State rules.ARCP 10 ( d ) requires more than an " Affidavit of account '' to be attached to the complaint. Under XXXX XXXX XXXX v XXXX, The Arkansas Supreme Court held that simply attaching an " Affidavit to Correctness of Account '' to a complaint constituted a Violation of Rule 10 ( d ) 2012 ARK. 460 In that case, the creditor attached to it 's comp ; aint a written affidavit alleged to be the instrument upon which the claim was based, ID. The Arkansas Supreme Court held that while the affidavit might serve as proof to establish the account, the Affidavit alone is insufficient to serve as an instrument or documentation upon which a claim is based in accordance with Ar.R Civ. Pro 10 ( d ). The Judge XXXX XXXX XXXX XXXX XXXX District Court. XXXX XXXX XXXX XXXX. XXXX. XXXX XXXX, Ar XXXX is over whelmed by the tons of paper work being filed by This JunkDebtCollectorWithro And Allan LLC. The paralegal asked not to have more than XXXX a day brought to her by the clerks because she can not handle more. They asked the judge for summary judgement. He did not sign it. We asked the Judge to give us more time to find a lawyer which we can not afford living on just social security. He refused. PLEASE HELP XXXX. If you can not help us please help us find someone here in Arkansas that can help Us. Please! Attorney XXXX XXXX is suing in Ark Supreme court against these JunkDebtBuyers for violating ; XXXX Rules. But he will not do anything else for a consumer. Does n't have the time. Ca n't afford an attorney. They charge a fortune. Is there any one who could help us? Because we are old people and I am XXXX? The XXXX XXXX is not going to close this case unless we have an attorney, or some one else to help us. And we are afraid our son is XXXX due to his XXXX. He can not do anymore work on this.He had legal aid help him due to his health condition.And his low income. They refuse to help us. Saying there is a conflict of interest?? I am abut to the point of doing away with my self. PLEASE HELP US. Answer us somehow?

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation