catlady22

PM sent!

Where is that thread about who pays the arb costs? They're insisting I should pay all the costs if they win - after I pointed out it's in the AAA consumer laws that they can't, they're trying to argue they can under the original CC agreement. @Harry Seaward

I sent you a PM.

Ok guys so arb is next week. Fingers crossed. PRA sent a brief months ago, I sent mine today, and they sent another in response to mine defending themselves. That goes against this, doesn't it? " No responsive briefs may be filed unless the Arbitrator approves it in writing. AAA’s Pro Se Administrator 3 will forward the briefs to all of the parties and the Arbitrator to ensure simultaneous exchange."

Edit- disregard!

@fisthardcheese thanks again for all your help! Going back to the lawyers conduct the day the MTC was granted, I'm trying to find something specific in the Colorado bar code of conduct that she violated. I see a lot about conflict of interest with current clients but nothing thus far about advising me despite her being counsel for the other party. Do you know what I should be looking for? Perhaps the "lawyer shall not give legal advice to an unrepresented person other than to secure counsel?"

Perfect. I think his last payment was probably June 2013. thanks!

Okay so it looks like they transferred that debt to another agency. I double checked his Credit Karma and the closed account isn't even visible anymore but I did screen shot it when it was. It says "This account was closed on Dec 5, 2013." It was closed due to default. So just to clarify that would be the start date for the SOL, right?

Ugh I'm so flustered by how to write a brief. Obviously I have no background in law! I'm not even sure how to start. Basically just by saying "PRA was acting illegally to collect this debt so the judgement should be in my favor and these are the reasons why?"

Ok thank you! I haven't said anything anywhere about TCPA, just "state and federal" and the FDCPA. Actually, this triggered a memory from the exchange outside the courtroom. I mentioned harassing calls and she said they don't use spoofed or auto dialed calls. But if they don't use auto dial, how is it they only have a record of 3 calls to me and 1 to my mother while I have quite the contrary? So with my stuff being due now Wednesday, do I just submit my call log with all the other evidence and then mention TCPA in my brief? Basically what I have almost ready to go is my answers to the interrogatories which I structured as exhibits. A brief would basically just be summarizing everything I have and asking for the reward, right?

So I have over 45 calls logged right now from them. Can I just include it under what I've already claimed (violations of state and federal law) ? I haven't written a brief, I was told by the arb to do that after discovery. In the brief, would that be where I say I'm asking for X in damages or whatever the term would be? I haven't laid out anything in an official document that includes arb asking for a settlement (only in that email.) So I'm including my call logs in the docs they ask for and have them listed as violations and a direct opposition to what they provided. I already had to ask the arb today for an extension because I didn't realize my discovery deadline passed. Crap. It was granted but 😬.

6800

I've sent the settlement offer once and they denied it. Exact text said - "Thank you for your offer of settlement. At this time, the Plaintiff has incurred a cost of $4200 under the current arbitration process and is unable to accept your offer of a mutual dismissal. However, I am able to counter your settlement offer at this time. The plaintiff is willing to dismiss with prejudice their claims against you with payment to the Plaintiff by you of $4200 and an agreement that you dismiss your claims with prejudice. " I'm finishing my discovery now. I sent my requests to them and received them the day before they were due, so it's my understanding since they sent me interrogatories to answer with documentation I have 30 days since the receipt. I have been able to use a couple things they sent me (big one being I requested their call log to me. They provided one saying they've only called 3 times. My call log shows over 50. Another is the affidavit of sale that has a wrong date - and I read about a previous suit against PRA for such affidavits https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/) Should I still type out an affidavit of what happened and include a summary under the violations I'm claiming?

Okay! Sounds like a plan since I can't believe they've even taken it this far. So first thing I should email the arb and CC both attorneys now (the original one seems to have faded in the background and a second one is doing all the talking now) and ask to file an amended claim. What should I state if it's granted? "Conflict of interest by Respondent, Add HerName to Claimant's Case" or something?

Well they've started calling me (not him) pretty much every hour from 1pm - 5pm. I've missed all the calls but that has to qualify for "intent to annoy" right?