Cat123

Help! Need Discovery info asap

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Going in to Arbitration and I filed my answer to their counterclaim, which was Breach of contract, account stated and unjust enrichment.  At the same time, I filed a complaint re: deceptive and unfair trade practices (FDCPA and FCRA).

 

I then received their request for production. 

 

I've studied and reviewed and I have all copies of correspondence.  However, I really don't have a clue as to what my actual damages are.  Time?  Stress?   

 

For instance...1.) They didn't report the account as disputed with reporting agencies.  What are my damages? 2.) Multiple offers of settlement rec'd when another was pending... Settlement reached but they wouldn't give us anything in writing stating exactly what needed to be stated so that we have something firm.... We timely elected Arbitration which they fought against (which is against their agreement).   I just can't seem to put together damages.

 

And the other question, is there a form on this Board for answering a request for production?  Just want to make sure I use the right wording.

 

Help, please!!!!!

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1.) They didn't report the account as disputed with reporting agencies.  What are my damages?

Well, this could have prevented you from getting credit for a loan, or a rejection for a credit card, or you didn't get the job you applied for becasue of it, etc.

 

 2.) Multiple offers of settlement rec'd when another was pending... Settlement reached but they wouldn't give us anything in writing stating exactly what needed to be stated so that we have something firm.... We timely elected Arbitration which they fought against (which is against their agreement). 

You are contesting, but thought it would be easier to settle rather than go through court pro se as you could not afford a lawyer, but plaintiff would not agree to terms that would allow you to be as if this suit was never filed, so you feel you might fight it.  Your damages could be that it caused you anxiety, stress, loss from work.

 

It appears you may have another thread with your post count--if so it would be helpful for everyone responding if you kept your case all in one thread.  Did you admit to the debt?

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Thanks for the tip.  I've actually had a few and I haven't connected any of them.  Learning curve issue.  I'll do better.

 

Oh.... so the fact that my insurance went up could have been because of this.  I see.

 

As to admitting the debt....Not that I know of.  :>)   I've used "without knowledge, neither affirm or deny, and deny".  However, I did affirm the last four digits. 

 

Also, I rec'd statements from 2005, but nothing from 1987 to 2005 (and there was a beginning balance in 2005).

 

Thank you!

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1.) They didn't report the account as disputed with reporting agencies.  What are my damages?

 

@Cat123

 

How did you dispute, and what did you say you were disputing?

 

 

Multiple offers of settlement rec'd when another was pending... Settlement reached but they wouldn't give us anything in writing stating exactly what needed to be stated so that we have something firm.

 

I'm not sure that receiving other offers while a settlement was pending is any sort of violation.  The fact that they wouldn't give you anything in writing?  I don't know.  Was this with the plaintiff who's suing you?   Or was it with a collection agency who was collecting for the plaintiff?

 

 

We timely elected Arbitration which they fought against (which is against their agreement).

 

 

There's no violation for this.  If they wanted arbitration, but you didn't, you'd fight against it, too.

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How did you dispute, and what did you say you were disputing?  Req'd DV disputing the alledged amount

 

And it's a law firm with the OC as Plaintiff.

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I am new here and not sure how to start a new discussion! I have been fighting pro as a credit card lawsuit, they kept sending me interrogatories and supplement ones etc, I have been diligent and careful in answering them and generally denying their claim but now I received a notice for inspection of documents that I feel is abusive: it goes like this: " list all credit cards accounts utilized from September 2006 to November 2009" and they want them at their office for inspection and photocopying etc. do they even have the right to ask for all these documents, is this abusive and improper since everything other than what the suit is about should not be their business? Please advise on how to answer that! Thank you!

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@Very upset

 

Go to the home page of this forum "Is There A Lawyer In The House".

There are two big, thick bars across the page; the first is labeled "Subforums" on the left side.

The second bar is under that and off to the right, just on top of the bar is a button that is labeled "Start New Topic".

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How did you dispute, and what did you say you were disputing?  Req'd DV disputing the alledged amount

 

And it's a law firm with the OC as Plaintiff.

 

It appears they should have reported the account as disputed with the CRAs.  Did you send the letter by certified mail in order to prove they received it?  

 

Statutory damages under the FDCPA are $1000 max.  To show damages for other than statutory damages, you'd have to prove you were injured by their failure to report the account as disputed. 

 

I'm not sure their failure to report the dispute would result in a higher insurance rate.  You'd need to contact the insurance company to find out why your rate was raised.

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Yes, everything I send is certified.... and I did it multiple times, to which they never responded until arb commenced, over one year.

 

Thanks much.  I'll let everyone know how it goes!

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So.....  Now we are waiting for the upcoming arbitration meeting.  We were going to be in that area, so we played nice, nice and agreed to meet 2 hours away from us.  Also 2 hours away for the Judge.  Then, the atty. said their office is "not available" and we need to decide on another.  We chose to go to the JAMS office, 5 hrs. away for atty. 

 

We have now been notified that a telephone arb could take place if all agree.  I don't think that's a good idea.  Suggestions?  Strategy?

 

Thank you!

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