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fisthardcheese last won the day on June 13

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  1. In my response I would explain that the calls did originate from Unifund, that the callers stated they were calling from Unifund and that the return calls were answered by Unifund. I would state that whether this other party, Alltran is the current owner of the number does not change the facts as laid out in your TCPA claims. I would ask if there are further questions regarding the phone numbers in question that I would ask that Unifund provide all of their call logs to and from your cell phone number for all of the dates in question. Because you are using emotion now and getting frustrated, you are overthinking it. Just respond to every point she made and tell the arbitrator it is irrelevant, that is has nothing to do with this present case before the arbitrator, and that it is designed to confuse and muddy the current claims brought against Unifund by the Claimant. Ask for all irrelevant documents and arguments to be stricken and for your claims to be awarded in full. If you want, you can even throw back the frivolous stuff because she is attempting to bring claims up in this case that are part of another arbitration case number. THAT is much more frivolous than a TCPA claim that includes evidence plus your testimony that unifund called your cell phone.
  2. "To Whom it may concern, I dispute the alleged debt in the above reference. Please validate. Regards," Don't forget to save a scanned copy of your letter after you sign it so you have proof of WHAT you sent them.
  3. If you haven't seen the thread yet, the link in my signature has all of the information about arbitration. Use the 2015 Card Agreement.
  4. Call the number and ask what company they are with, if they don't identify when answering. If they say Unifund, then in my reply brief I will state that all of the calls alleged in your TCPA claims were identified either by the caller, be the Caller ID, or by calling the number back as being from Unifund. I would then state that the arbitrator himself only need to call the number in order to verify this fact. I have had to use this tactic before when Equifax was claiming that there is no agreement to arbitrate by using their website. I gave the exact link and asked the arbitrator to go to the webpage and read the TOS for themselves to see the clear facts. All of this extraneous information about Alltran is more designed confusion and extra garbage thrown on the ground to intentionally clutter up your claims. Don't fall for it. Stick to the facts of your claims.
  5. Wow. Just. Wow. This attorney is attaching some complete bogus and irrelevant documents here. This seems to be a website for a consumer attorney talking about suing Alltran? I don't know, but it doesn't matter because none of it pertains to the case or your claims. At this point I might even ask the arbitrator to rule the entire reply brief as frivolous given all of the extraneous documents and mentions of accounts not related to the matter before this arbiter in this case. I would just throw EVERYTHING at them in my response. Asking for all of their stuff to be tossed out as irrelevant, asking for sanctions, asking for a ruling of frivolity, stating that the attorney seems to be either making a mockery of this process or intentionally attempting to confuse and distort yourself and the arbitrator in this case. If it were me, I would start to get a much more aggressive in my approach and with quite an indignant tone. Just flat out tell the arbitrator that you can't make heads or tails of the heap of garbage the Respondent has just dumped on the floor in front of you. I would even go so far as to tell the arbitrator I am shocked that a member of the Bar and officer of the court is disrespecting the parties and the arbitrator in this case by such egregious actions. Don't get so caught up in the formalities. This is arbitration, there are no formalities. Just MAKE YOUR POINT. Who cares what the title is. There are no format rules in AAA.
  6. Several people seem to get tripped up by this lately. This is just standard verbiage. It doesn't mean anything to your case because they already DID bring the dispute to court and that court has ordered them to arbitrate. This mean that the SECOND I get the final letter from AAA stating that they have closed the case due to Unifund's failure to follow the rules and instructions of the forum, I am filing a Motion for Sanctions with the court where I detail the timeline and include the AAA letter and tell the judge that the Plaintif has refused to follow this court's order to arbitrate and therefore you ask for the court to Sanction the Plaintiff and to dismiss this case with prejudice and for Plaintiff to pay Defendant's costs off $200. In fact, you can work on that Motion now and have it ready to file the same day you get the final AAA letter. That's what I would do.
  7. Don't This is irrelevant. The only thing the court needs to hear are all of the details from the last hearing to today. Your response to her reply brief should be a response AND an objection. In this response, I would start to get VERY strong and forceful. This is your last chance to make you point to the arbitrator. You need to start off by objecting to Unifund's insistence in adding a case into this matter that is not before this arbitrator. Object to her inclusion of a seperate case and ask that all mention and documents relating to case number XXX be stricken from this case as irrelevant. Next I would state exactly as you put it here on the attached evidence. First, I would state that Respondent has made no opposition to your TCPA or FDCPA claims in their brief, however they seem to have attached some kind of unreferenced document. I would state that "although Respondent has not refuted any claims made by the Claimant and therefore, claimant's claims should be awarded as unopposed, in the instance that the arbitrator deems the unreferenced documents part of Respondent's brief, Claimant will offer the following response." I would then go into detail on how their affidavit does not explain the multiple calls that came to your cell phone from numbers found to be phone numbers owned and used by the Respondent as evidence [X Y Z] has shown. Respondent has failed to offer any evidence that Claimant had given any permission at all to call their cell phone, let alone any express permission as required by TCPA [cite the specific section here]. If you haven't already sent a copy of the C&D letter you sent, include it and reference that regardless of respondent's stated policy, it clearly was not followed or enacted in this instance because the C&D letter was sent on XX date [reference exhibix #] and phone calls to Claimant's cell phone came on XX dates - YY dates, well after the C&D was received [and assuming you can show proof of certified letter signed for]. In conclusion, I would ask that any mention of the irrelevant case be striken and that your claims be awarded in the amount of whatever $ amount you asked for in your brief. Then, I would continue to file that Motion for Sanctions in Court. Perhaps (just as my own little amusement in this debacle), I would file and send copies to the attorney of both the motion for sanctions and the reply breif on the same day.
  8. You mean for the $3k account? Possibly, but I wouldn't worry much about that one at this point. I would be filing that Motion for Sanctions ASAP like I previously suggested, if this were me. I would want to lay out in details the mess she has made of this arbitration case to the court and point out the incorrect details she provided to the court in her last appearance. I would also state that the Plaintiff has failed to follow the rules and requests of AAA causing AAA to close the file on the case ordered by the court to be heard in AAA and ask for sanctions. I'd get her worked up on two different fronts. One, when she figures out she never submitted claims to the arbitrator and two, when she figures out that she (possibly inadvertently) has violated the court's order to arbitrate on the case she brought to court.
  9. To this point, the copy of their verification also must be sent by the debt collector, which has been a sticking point in a recent case where the JDB seemed to rely on the OC sending verification on their behalf. Everyone talks about the non-factor of a DV, but there are still very key elements that must be met and even though it is rare these days, violations over it do occur due to short cuts and over simplifying their automation processes. Nothing much. You still must go through the process to answer the lawsuit and file a motion to compel arbitration. You would just use the fact that they failed to respond to your DV as a counter claim against them in your arbitration case.
  10. I happen to think that this lawyer still somehow thinks that AAA is part of the court process and not a separate private entity and she continues to believe that the papers filed in court are also on the desk of the arbitrator currently.
  11. Yes, but that is so far down the road and the road is so full of mud in your current position I doubt anyone gets anywhere close to that line.
  12. When was the last time you actually made a charge to the card? If you have a 2012 agreement that does include arbitration and you never USED the card once they updated the agreement to remove arbitration, then you may have a good argument that in fact arbitration does apply. Heck, I still might give it a shot because they would have to show that you actually used the account at a time when there was no arbitration in the agreement in order to counter your argument that arbitration should apply. They may or may not be able to prove that.
  13. You can't use arbitration at all. Cap1 has no agreement to arbitrate, so they can not be forced to do so at any time, either before or during a lawsuit. These types of cases are ones that you hope you have some kind of counterclaims to use in court or try to settle the best you can to avoid a judgement.
  14. ^^ The entire point of a DV letter is to DISPUTE in writing in order to trigger the validation requirement under the FDCPA law. It drives me crazy that those terrible letters floating around the interet say things like "this is not a refusal to pay". That is a horrible line. It really won't matter, just not the best way to go about the DV letter. As stated, they don't have to respond in any time frame - or at all. They only must respond before they sue or continue to send more collection letters.
  15. If she does not file a reply brief, then the only thing the arbitrator has to make a decision is your proof and brief. Without her refuting your claims, what you submitted should be enough for the arbitrator to rule in your favor. You don't need phone records if they aren't going to oppose your claims.