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williams4 last won the day on January 29

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  1. This makes total sense. I can tell the more I try to figure out what she is trying to pull, the more frustrated I get. Great points and I need to stop overthinking and just do everything you said, as well as the sanctions with the courts. Thanks again for all your help!!
  2. @fisthardcheese This may out there. But every time I read over her response, my blood boils. Is there a way to get her entire response thrown out? She has details of a different account/case that has nothing to do with this. And of course only telling her side of the story (how she filed Summary Judgment because there was no material issues left) and attaching everything from court. So even if I do get the stuff from the 22K case thrown out, the arbitrator still read it and it makes me look back. And on top of that, she is responding to my brief (which references and evidence attached and referenced for the 3K account) with evidence from the 22K. And the phone call thing, how do I know she is not defending the other account since that is the only account she is responding to? Does she mean they don't make outbound calls on an account that is pending in court??? The only time she actually refers to the 3K account is a footnote on the first page that says "1 Please note that the Respondent has two accounts owned by Unifund, CCR, LLC. In regards to Case Number 01-19-0003-3861, Claimant owes the Respondent an outstanding balance of $22,773.70 on account number XXX and the exhibits “D” “E” and “F” all refer to that account. The Claimant also owes the Respondent $3,509.93 on account number XXX. This arbitration is in regards to Case Number 01-19-0003-3861." That is the ONLY time she acknowledges the 3K account. Edit: Or should I email the case management staff to see if this is being sent to the arbitrator since she put a case number that isn't even opened still? Which obviously there is only one case between us before an arbitrator so obviously they could just send it, but it isn't on the AAA webfile yet and the subject line case#XXX and this is for case#XXX, which is a case number that was closed last year.
  3. Ugh. I am so frustrated! Of course I called the number back and now they say they are Alltran. It's frustrating because I KNOW it was Unifund because when I called the number back in January they said they were collecting on a Unifund account. And the fact of when the calls started and stopped all lined up with the certified letters sent. But the reverse phone number shows its a non-fixed Voip, and like I said previously, the Intellius shows this number associated with city/states all over. Doesn't non-fixed VoIP mean the number can be used by one company then when they are done with it someone else can use it? And the person on the phone (from Unifund) said they don't make outbound calls, but clearly they do because I was calling back the number that called me, correlates with Unifunds affidavit that Unifund employees do not make outbound calls. The only thing I can think is maybe it was an automated dialer that sends out the phone calls and call center picks up when the customer answers? Do I just tell the arbitrator what happened and leave it at that? (said they were unifund, what they said about not making outbound calls, the intellius report showing its a non-fixed VoIP and just see what he decides? Or do I need to try to dig more info out of Unifund by submitting interrogatories pretty much asking about 3rd party call centers/auto dialers and so on? Honestly, I don't care if the arbitrator doesn't rule in my favor on the FDCPA and TCPA claim (even though I KNOW it was then, I am just to the point that I don't think there is anyway else to prove it) but of course she is throwing out the "frivolous" claim again and wanting me to pay their arbitration fees. But is it frivolous if I showed the calls started and stopped in that time frame, the number calling said they were collecting for Unifund? Edit: Which by the way, they told me the same thing today. This call center doesn't make outbound calls.
  4. I see. That makes sense. On her LinkedIn account two of her her duties are support NCB’s compliance programs and procedures and adjusting time sheets for NCB emplyees. Which I looked up to see who NCB is and one of the things they do is a call center. So I am thinking maybe that’s who makes the outbound calls on unifunds accounts?
  5. Sorry to continue to be a bother. But the affidavit is notarized by an employee of Unifund. Are they allowed to do that? Seems like a conflict of interest having an employee of Unifund notarize an affidavit for an employee of Unifund to submit as a sworn testimony for the same company.
  6. Ok, here is another theory. It's just driving me insane because I KNOW those calls were from Unifund, they said they collect on behalf of Unifund and the calls started and stopped in exactly that time frame of all this. I am wondering if she is somehow just throwing out the Alltran thing to throw things off?? I can't imagine they do not make any calls to collect a debt. But the Unifund employee said they don't make outbound calls, and they have nothing to do with Alltran. Nothing was mentioned of Unifund using a third party to make the calls, just that they have nothing to do with Alltran. This is what I found on Unifunds website: Use of Information We will only release your contact information or financial information as permitted or required by law. We use your personally identifiable information to process and service your account. We may also provide your contact information and financial information to third party consumer reporting agencies. Your contact information and financial information may also be shared with our affiliates, vendors, or servicers for the purposes of servicing your account. We will provide your contact information and financial information to non-affiliated companies when your account is assigned or sold to such non-affiliated companies. And on Unifunds website under "Available positions" it has a customer service opening and it the description says: Adhering to company policies and procedures, answer inbound calls in a professional and approachable manner to resolve account level questions, investigate and resolve discrepancies, negotiate settlements or facilitate communication between Unifund and third-party service provider. On top of the fact that no matter how much searching I do, I cannot associate the number that called me to Alltran. So I have no clue how she did and she claims she searched on the Secretary of State site. Which you can't search by phone number and all the documents she provided doesn't have thats phone number with Alltran. Edit: The only thing I can think I might be able to do (not sure if this is a good idea or not) but ask for discovery time to subpoena all phone records made on this account from Unifund including any third party companies hired/associated with Unifund?? Edited again: Or would I need to send interrogatories or something to ask things like who makes the outgoing calls for Unifund and how those phone calls are logged and so forth and ask if those phone records are kept on Unifunds system so I know who to subpoena? Unifund or a third party.
  7. @fisthardcheese Ok, please don't kill me. BUT, I am now back home from camping with better internet coverage. I guess since I was in the woods, it was not loading the entire response she sent, and was only loading the first page. I apologize and now I was the one that was making it confusing. So the pages following does mention the phone calls. She says the screenshot of the numbers is not a number that belongs to Unifund as Unifund's headquarters is located in OH. She says "based on a search with the Indiana Secretary of State belongs to Alltran Financial, LP, a debt collection agency operated by URS Management Services Inc., and located in Houston, TX." Which when the calls came in on my phone, it showed the phone number and under it showed it was from "Rising Sun, IN", which is about 20 miles from Cincinatti, OH. I am not sure how a search with Indiana Secretary of State showed the number belongs to Alltran. But all of this does have me thinking more that there is something fishy going on. So when the calls where coming in (between the time I sent my cease/desist letter and when the calls stopped when they received my Demand for Arbitration) I called the number back and they said they collect for Unifund. Then, later I was trying to get my evidence to show it was Unifund since I only had screenshots, I paid to have an Intelius phone search which came back as a landline number shows city/states of "previous owners" of account in OH, VA, CA, FL, and MD. After getting this report I called the number back and said I received a missed call from this number and I am calling to see who it is. The lady said they don't make outbound calls. I gave her the phone number that was on my caller id and asked if that was their number. She said they have a tons of different numbers that show up on caller id but all calls returned go to them but they never make outbound calls. So this does correlate with the employee of Unifund's affidavit saying they don't make outbound calls to the customer. Another thing that stuck out in the affidavit was the employee stated Unifund and it's subsidiaries have never had a relationship with Alltran. The bill of sale/assignments Unifund provided in the 22K account shows the last transaction as an "assignment" from Distressed to Unifund rights to collect on account including litigation and says Distress shall retain title and ownership of Receivable. So I am wondering if Distress gives Unifund rights to litigate and Alltran rights to call to collect?? Since the affidavit said "Unifund and its subsidiaries" do not have a relationship with Alltran. Which Distress wouldn't be Unifund's subsidiary, so the employee wouldn't be lying in his affidavit. It's just very strange that she brings up Alltran and overly defends that they do not have a relationship with Alltran. Then says based on a search with the Indiana Secretary of State belongs to Alltran Financial, LP, which I got on Indiana Secretary of State website and tried to find something that would show that phone number belongs and Alltran and I couldn't find a single thing. Also, she is saying my claim is frivolous because I didn't disclose that these calls were from Alltran. It's just very strange she is throwing Alltran's name out like that and defending they have nothing to do with them and everything. And the fact that the calls started the day Unifund mailed to letter to verify my debt (I saved the envelope and attached to show the post mark date) and ended the day they received my Demand for Arbitration, and that when I called that number they said they collect on Unifund accounts.
  8. @fisthardcheese Here is one of the attachments she sent. It's just very strange and bizarre. I haven't mentioned Alltran. I have no clue why she would even send this. I am so confused. If you don't mind taking a peak to make sure I am not totally overlooking something?? Unless the attachments belong to a totally different account she is working on and accidentally attached them? EXHIBIT M.doc.pdf
  9. I just want to make sure I don't screw up and not do it correctly. So I am asking, in my response/objection, for anything with the other case be striken? So I DO NOT have to file a Motion to Strike or anything like that? I just want to make sure I am understanding. Yes, I saved all the certified letter stub that were signed and sent back. I also sent my demand for arbitration for this account certified mail and the day they received the calls stopped. I printed off the USPS tracking that shows it was delivered and signed for at 8:00 AM and I did not receive any calls that day. So they followed policy then. lol
  10. I did edit my post above just now. I am confused on the attachment thing. She doesn’t mention anything about calls or anything in her brief but does attach the two attachments in with the email.
  11. @fisthardcheese Well I got her response to my brief. So first, the subject line of the email says case xxx (which is the case that I initially filed with aaa back in November and aaa closed for me not paying my filing fee. Was waiting to pay until the court granted my mtc) Then in her response she again says this arbitration is for case xxx (the one closed back in October) and then she references the 22K account and explains how she didn’t violate the fdcpa because she sent the dunning letters. (I don’t even know how this is even relevant to anything because I never even said anything about this) So not only is it a different account, it doesn’t even reference anything from my brief. She didn’t object to my fdcpa claims on calling after I sent cease/desist letter and didn’t mention anything about the tcpa claims. Honestly, I have no clue where to even begin with my response because she keeps referencing an aaa case number that is not even the case number that the arbitrator is handling. Edit: she had two attachments, exhibit m and n, not referenced in the response. Just attached in the email. But I finally got them to open (we are camping and not the best coverage out here) one is an affidavit from a unifund saying they don’t make outbound calls to customers unless the customer calls and they are returning a call, that they have never been associated with alltran, and that when they get cease/desist letters they immediately put it in their computers and it pops up right away when opening their account. The other attachment is a print out of who alltran is and a q and a from a lawyer website?? Saying something about sometimes people identify as alltran and it’s a scam, and how this lawyer was able to settle a Citicard account with alltran for xxx amount. I am so confused. Is she saying the people calling me were a scam? If so, it’s weird that the calls started the same day their debt verification letter was post dated and ended the same day they received my demand for arbitration (I mailed it certified mail and can see the date they got it) That’s an awful big coincidence. I guess it’s possible though. I don’t know. I am still so confused.
  12. Working on filing the Motion for Sanctions. I am also including the fact that she also failed to appear at the MTC hearing and the judge had to reschedule. After the court rescheduled the MTC hearing she filed Motion for Summary Judgement saying there are no material issues when obviously my MTC was still pending and the hearing was delayed because of her. So pretty much showing that she continues to cause delays in this case. She opened the case in August of last year and I filed my MTC in September and we are pretty much back to square one in the case. The original judge we had has since retired. edit: My plan is to have my motion for sanctions filed by Monday or Tuesday so when she replies it will be past the June 20 date that she told the judge the arbitrator will have a decision made. Which the arbitrator will obviously not have made a decision yet so she can’t continue to say that.
  13. Ok, this just popped in my head. So we had the original order from the arbitrator with the decision being made by June 20 (like she said in court) then the arbitrator granted my amended claim with the new due dates of things. So when she said that I (me) is currently trying to merge the two accounts, she could be under the impression that the arbitration case is the 22k one and the arbitrator is making a decision on that on June 20 still. And the new order after the arbitrator granted my motion to amend claim is for the 3k. And the arbitrator did say as long as it’s for account ending in xxx (3k). So I have a feeling she will send a response by the due date on Monday, but I don’t think she will even mention the 22k one at all. She will probably just respond to the 3k since she is probably under the assumption that the arbitrator has the court documents on the other one.
  14. She did pay the $3050 AAA fee for the other credit card account. That's what she is referring to. Even though I have told her multiple times that it was paid and filed before the court order was issued. And the fact the arbitrator said he can only make a decision on the case number assigned to him (which is the 3K account) and in his order granting me to add my TCPA claim saying as long as it's for the 3K account. She is aware there were two cases with AAA on two different account numbers and even told the arbitrator that she was waiting to pay the other until this one was over. I even told her that the 3K account was never in court and doesn't have a court order and she said Yes, that is correct. I explained that the letter from AAA states it's a court compelled case. But she still wouldn't believe me. I don't think she is intentionally lying, I think she just thinks she is right and I am wrong and won't look at any of the stuff I keep pointing out to her. Which, fair enough, she is a lawyer and I am person with two credit card accounts in collections. Lol I wouldn't listen to me either!!
  15. But I guess too, if the arbitrator rules in my favor then we can settle on the credit card account. Doubt they would settle for anything less than the amount owed. Lol. Honestly, up to this point I would have walked away with a mutual settlement, but after having to deal with all this for a year now, I would make them pay me the difference between the award and my credit card balance.