ShaunTheDon

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ShaunTheDon last won the day on January 28

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About ShaunTheDon

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  1. So I went through the Arbitration process with a JDB and it went very well. I want to share my MTC and other filings, but I'm a bit concerned about the NDA I signed along with the settlement. The SOL has passed at this point, so I doubt that the debt itself will come back to haunt me. I'm mostly worried that even a redacted version of the filings and my discussing the events could lead me into some hot water. Any thoughts? I should mention that technically the case was my wife's and my name was not attached, though I handled the entire process.
  2. @fisthardcheeseYou were exactly right! THANK YOU!! AAA sent this an hour or so ago --------------------------------- Dear Parties: Please disregard the correspondence dated January 24, 2020. This case was closed in error and has been reopened. We apologize for any inconvenience. The claimant has filed with us a demand for arbitration. The American Arbitration Association (“AAA”) has determined that this arbitration arises out of a consumer agreement and, as such, the Consumer Arbitration Rules (“Consumer Rules”) apply to this dispute. The Consumer Rules may be found on our website at www.adr.org. We are in receipt of a court order compelling arbitration. Accordingly, we are proceeding on that basis. Under the Consumer Rules, the consumer pays a filing fee of $200 and the business pays a filing fee of $300. We have received the consumer’s $200 portion of the filing fee. So that the filing requirements are complete, the business is requested to submit filing fees of $300 and the arbitrator’s compensation deposit of $2,500, totaling $2,800. Please make the check payable to the American Arbitration Association and include a reference to the case number. Checks should be mailed to 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. In the event that payment is being made by a third party, such as an insurance company, please request that payment be sent directly to the business’ representative. The business’ representative should then forward payment to the AAA in accordance with the foregoing instructions. The requested payment should be received no later than February 10, 2020 and the AAA may decline to administer this dispute if the business does not timely respond. It should be noted that the consumer’s satisfaction of the filing requirements triggers the business’ obligation to promptly pay its share of the filing fees under the rules and the business may owe all or a portion of the filing fees even if the matter is settled or withdrawn. The AAA will refund any overpayments received from the consumer with the filing. No answering statement or counterclaim is due at this time and the parties will be notified of the applicable deadlines upon satisfaction of all the filing requirements. Please note all communication for this matter will be in writing, if you have any questions please feel free to send us an e-mail. --------------------------------- Now to send them the offer of $0. The amount they owe AAA is almost the exact amount they want from me Thanks also to @BV80 and @Brotherskeeper for the help as well!
  3. Thank you! I'll send the response now. Hopefully they will get back to me in less than the 1.5 weeks it took them to do this.
  4. I didn't catch that last part about the registry when I read the letter. That creates an odd dilemma as my arbitration clause was transferred to Unifund through Barclays and I as a claimant have the right to arbitrate and the business the right to defend themselves...A conversation with AAA is definitely needed.
  5. I assume you mean a motion from the JDB to lift the stay as I followed the court's order. I don't want to return to court unless my MTD is iron clad, which it isn't yet. The only problem from my perspective of the JDB just letting this sit, is that the SOL clock is stopped. Also, the case being in limbo is a bit disconcerting for me.
  6. Thank you! I thought the same thing...I mean AAA would be in contempt for declining...Unless them declining is tantamount to a dismissal.
  7. It does have that exact verbiage. I can see how I would argue in another MTC or MTD if the JDB were to push the issue back into court, but I'm not sure of the correct move assuming the JDM does nothing. The court case is simply on a stay, so I don't think its over unless the court dismisses, AAA delivers a verdict or the JDM settles. Also, I'm not sure we really ever entered arbitration as AAA declined to administer the claim due to the business not following procedure. From the later text in the letter, they mention specifically the fee schedule. The weird part is that the business can still "defend itself" from a claim under AAA's rules. I'll definitely be contacting AAA in order to determine the exact procedures that the JDB failed to follow, but even armed with that I'll still be at a loss as to how to proceed.
  8. I suppose I should start with the background details before I get to my questions on what to do now. I was sued by UNIFUND as a JDB from an old Barclays debt. I filed a MTC and received the following order granting my motion: --------------------------------------- ORDER ON DEFENDANT'S MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDING PENDING ARBITRATION THIS CAUSE having come before the Court upon Defendant's Motion to Compel Private/Contractual Arbitration and to Stay Proceeding Pending Arbitration and the Court having reviewed the file, and being otherwise fully advised in the premises, it is therefore ORDERED AND ADJUDGED that Defendant's Motion is GRANTED as follows: 1. This case is stayed pending arbitration and the court reserves jurisdiction to consider either parties application for confirmation of the judgment of the arbitrator(s). 2. The non-jury trial presently scheduled for December 20, 2019 at 9:30 AM is hereby continued. 3. Defendant shall, within 30 days, initiate the filing of Arbitration with the American Arbitration Association (AAA) and shall remit the proper allocated portion of the arbitration fee pursuant to the Barclays Bank Delaware Cardmember Agreement. 4. Should the Defendant fail to file said arbitration claim within 30 days of the date or this Order, the stay in this action shall be lifted without further hearing with this matter to proceed in state court. ORDERED at St Lucie County, Florida December 11, 2019 JUDGR DARRYL EISENHOWER --------------------------------------- I filed the Arbitration through AAA as required by the credit card agreement and paid the $200 fee. I didn't mention the debt but rather potential "state and federal consumer debt collection law violations" and waited about 2 weeks without hearing anything from AAA. Finally, I received the following via email: --------------------------------------- Dear Parties: Claimant has filed with us a demand for arbitration. We note that the arbitration clause provides for arbitration by the American Arbitration Association (“AAA”). Prior to the filing of this arbitration, the business failed to comply with the AAA’s policies regarding consumer claims. Accordingly, we must decline to administer this claim and any other claims between Unifund CCR, LLC and its consumers at this time. These policies can be found on our web site, www.adr.org, in the Consumer Due Process Protocol (“Protocol”) and the Consumer Arbitration Rules (“Consumer Rules”), including the Costs of Arbitration. Accordingly, we have administratively closed our file and will refund any payment received by the filing party. According to R-1(d) of the Consumer Rules, should the AAA decline to administer an arbitration, either party may choose to submit its dispute to the appropriate court for resolution. If you believe we have declined this matter in error, please email ConsumerFiling@adr.org . Pursuant to the AAA’s current policy, in the normal course of our administration, the AAA may maintain certain electronic case documents in our electronic records system. Such electronic documents may not constitute a complete case file. Other than certain types of electronic case documents that the AAA maintains indefinitely, electronic case documents will be destroyed 3 months after the date of this letter. If Unifund CCR, LLC advises the AAA in the future of its intention to comply with the AAA’s Consumer Arbitration Rules and if applicable, resolves any outstanding payment obligations, the AAA may consider at its sole discretion, accepting newly filed consumer cases going forward. Therefore, if Unifund CCR, LLC wishes for the AAA to consider accepting consumer disputes going forward, the business must, at a minimum, register its clause on the Consumer Clause Registry on our website, www.adr.org/clauseregistry. Upon completion of the registration process and confirmation from the AAA that the business is now active on the Consumer Clause Registry, the business is responsible for informing all parties that Claimant may re-file their claim. --------------------------------------- My question is now what did I do? My reading of the letter seems to indicate that Unifund didn't pay its first portion of the arbitration fee and AAA dismissed it, but I note that "either party may choose to submit its dispute to the appropriate court" which worries me. My paranoid brain immediately goes to this being a way to stop the arbitration/settlement route for defeating these JDMs. Has anyone else found themselves in this situation? Do I go back to the court and file a motion to dismiss as the JDM didn't follow the court order and/or due to the JDB not effectively showing up? Should I refile the arbitration and add the info about the alleged debt even though that should have been a counterclaim by the JDM? Should I contact the JDM and see if they'd like to settle? I had not done so yet as there was no info from AAA yet. I figured I'd start at the 60 days from demand for answer which is the first $1400-1500 payment date. Any guidance here would be great, since I'm completely clueless as to how to handle this.
  9. Thank you both for the advice. I think you are both right and waiting until after arbitration is initiated to make a settlement offer. I will definitely remove "costly", it doesnt help to rub it in 😁
  10. I've been lurking on these forums for the last few months and based upon all of the information posted here, I received an order granting my MTC in Florida!! (I'll be posting my MTC for the edification of the all since FL has some odd case law regarding arbitration). I have until ~Jan 8th to start arbitration with AAA. My question now is how to go about offering a settlement? I assume an email to the JDB's attorneys is appropriate. Will the following verbiage work for these purposes? -----Begin Email----- RE: UNIFUND CCR, LLC vs *** St Lucie County, FL Case: **** Account Number: **** To whom it may concern: I'm am hereby extending a settlement offer in the above case/arbitration matter. We are willing to not continue with the costly arbitration process, if the following conditions are agreed to by Unifund CCR: 1. Unifund CCR and Hunt & Kahn will dismiss the civil case with prejudice and will make no further attempts to collect the alleged debt. 2. Unifund CCR will remove any reports of the debt to the 3 credit reporting agencies (Equifax, Experian, and Transunion) and not add any negative reports to the same 3. Defendant, *****, will agree to pay $0.00 to Unifund CCR, LLC 4. Defendant will dismiss the arbitration proceeding with prejudice and not proceed with Arbitration or any other legal proceedings for this alleged debt regarding violations of FCRA, FCCPA, or FDCPA. This offer to settle this matter expires on Jan 5th, 2020. -----End Email----- Also, if they agree to the settlement, how exactly will proof of their agreement work? I'd hate for them to "agree", but put nothing in writing or what have you and then have the clock run out on starting arbitration and be back in court instead