tvaughn

Members
  • Content Count

    208
  • Joined

  • Last visited

Community Reputation

2 Neutral

About tvaughn

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    NJ

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. tvaughn

    In arbitration

    How can the clock start if the court isn’t even aware that the arb award exists?
  2. tvaughn

    In arbitration

    I have no idea, nor do I now if there’s a way for me to find out. I would love to know myself, as I’m sure many others here would as well.
  3. tvaughn

    In arbitration

    Wouldn’t that 90 day clock only start when/if a judgment is entered by the court? Right now it’s just an arb award.
  4. tvaughn

    In arbitration

    As predicted by pretty much everyone here, the arb panel has ruled in favor of the creditor. What is my next step? Do I simply wait for the attorney to move in the courts to have the arbitration award confirmed as a judgment?
  5. tvaughn

    In arbitration

    Do these guys even present settlement offers to the OC? Pretty sure I read that they don't.
  6. tvaughn

    In arbitration

    So would you guys recommend leaving this alone for now or should I reach out to the arb org to check on the status? I know everyone said that the longer it takes the better it is for me, but I want to make sure I'm doing the right thing by waiting.
  7. tvaughn

    In arbitration

    Just wanted to post quick update to say that I have no update🧐. I haven't heard a thing since I sent my objections in about 3 weeks ago, although I know they received my objections via email because I got an out of office reply from the case manager. Should I just let sleeping dogs lie at this point?
  8. tvaughn

    In arbitration

    The more I think about this the more I believe there may be something fishy about this affidavit that the creditor's attorney submitted. After I sent my objections to the creditor's untimely and incomplete brief and exhibits (email was sent on October 15th), the creditor's attorney sent an email late in the afternoon of October 24, 2018 indicating that it was their "intention to submit an affidavit signed by our client by way of addressing the request for a ‘certificate of authenticity’. Please note that these documents are identical to those that were admitted into evidence at the actual hearing and authenticated via live testimony from a custodian of business records of CREDITOR. These are the same documents that were also included in the CD rom that was previously submitted with our brief. MY NAME has had these documents in his possession for over a year. In the interest of convenience can we just submit the affidavit as opposed to resubmitting all of the documents? It should further be noted that subsequent to the original hearing the Arbitrator gave MY NAME an additional two weeks to supply documentation in support of his asserted defense. I’m attaching the e-mail hereto. Allowing the affidavit is consistent with the prior rulings in this matter. Upon receipt of your response I will be able to produce an affidavit quickly." The arb panel lead responded late in the afternoon of October 25, 2018, saying "You may submit the affidavit without re-submitting all of the documents but the affidavit must make clear that the representations relate to the documents supplied on the specific CD Rom that was served on MY NAME and filed with the ARB ORG panel and that the affiant has reviewed those documents." I've already stated here that the affidavit makes no reference whatsoever to the CD-ROM - I've already objected to that, but that's not the fishy part. What's odd is that the affidavit was dated and signed by the assistant custodian of records (and signed by a notary) on October 26, 2018. Also, as I previously mentioned, the top of the first page of the affidavit lists the court name, case info, docket #, etc for the original civil case that the creditor filed against me - nothing related to the arb case (arb org name, case #, etc) is listed in the affidavit. If this affidavit was created on or around October 26, 2018, why is the court case info listed on it? It looks to me that they had perhaps planned to use this affidavit in the court case (or in the first arb hearing since the cover letter lists the original arb case #, not the case # that applies to the appeal) and simply changed the dates and some other info to use it for the appeal Also, the cover letter included with the affidavit is dated September 27, 2018.
  9. tvaughn

    In arbitration

    @fisthardcheeseThank you! Objections have been sent. Just wanted to make sure I wasn’t missing anything so I didn’t have to send multiple emails.
  10. tvaughn

    In arbitration

    @fisthardcheeseThank you for your advice - I will send my objection to the CD once again since I still have not received the CD; however, is there anything else I should oject to with regard to the affidavit? Even if they agree to throw out the CD as evidence based on my objection and the fact that it wasn’t sent to me, I still have the affidavit and the paper docs (statements) to deal with. I can think of a couple of issues with the affidavit. First, the arb panel lead stated that the representations in the affidavit from the affiant must relate to the documents supplied on the specific CD-ROM that was served to me (how can it when no CD-ROM was ever served to me?) and that the affiant has reviewed thos documents. The CD-Rom isn’t even mentioned in the affidavit at all. Also, the affiant is an ASSISTANT custodian of records. Is that sufficient or does it have to be an actual custodian of records?
  11. tvaughn

    In arbitration

    I'm starting to understand that more and more as I go through this process, but I just want to make sure there isn't a double-standard when it comes to the arb org allowing some of the rules to be bent. I've been nothing but compliant, especially during the appeal process. I'm quite frankly pretty surprised with how the opposing counsel has conducted themselves and even with the wording of some their briefs and emails - they've been less than professional in many instances to say the least. I think it's safe to say that I have pissed them off to the point that nothing I do is going to make them soften their stance so I might as well go at them with everything I have.
  12. tvaughn

    In arbitration

    I agree that the time it would take should not matter - I'm just thinking ahead of what the reply from the opposing counsel will be and I already know what it is. Why didn't I bring this up earlier with the creditor and/or at the first arbitration hearing, why am I only bringing it up now during the appeal, etc.? They've already accused me of dragging this out, which is comical since I've done nothing to delay the proceedings. Meanwhile they have dragged it out in several ways. First, they tried to deny my right to an appeal after I sent my appeal in a timely manner. Then they twice protested footing the bill despite the fact that they know they are responsible for everything but my filing fees. And now they've sent in briefs that were incomplete and untimely, and they're being given the chance to rectify their mistakes. It's pretty frustrating to sit here and watch them circumvent the rules while I sit here pro se and I manage to send everything properly, timely and according to the rules. What's the point of setting deadlines and having rules if there are no consequences to breaking them?
  13. tvaughn

    In arbitration

    I will double check but I would say the last payment that would have kept the account in good standing is from November of 2015. I don't believe the December 2015 payment was enough to keep the account in good standing. I can go back and look at the statements they sent to me and try to identify potential fraudulent charges, but is it too late at this point? And how far back am I expected to go? The data breach could have been 10 years ago for all I know, and there's no way I'm going to be able to recall purchases from that long ago.
  14. tvaughn

    In arbitration

    The letter does not say when the breach occurred. The last payment I made was in December of 2015, so I guess the default would be January 2016? Is there a way I can verify the date of default?
  15. tvaughn

    In arbitration

    @Clydesmom I appreciate your reply and your assistance but you're kind of contradicting yourself. On one hand you say that I have no defense and then you say that I should look for more substantial options. I can't pull something out of thin hair, so what do you suggest? Telling me that I have no defense is not really helpful. I'm trying to lay out the facts here, both good and bad. I'm not going to sit here and lie to try to make my case better - the case is what it is. I can't go back and change what I did or didn't do in the past, so I'm not going to waste my time worrying about things I can't control. I can only utilize the tools that I have, so I'm looking for assistance from people who have been through this before. I get that you think I have no case, but stating it over and over again isn't helpful. If you have suggestions for me I am all ears, but negativity does nothing to help my case.