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This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies.  

 

Brief scenario. 

 

Dell Financial

Asset claims they purchased the alleged debt

Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead.

 

I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court appointed"...many thanks to those of you that educated me on the difference.

 

I was late on responding to items..but then, so were they.

 

I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL).  I put the book to memory...saw some really cool ideas and went for bear.

 

Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me".

 

They won in court appointed arbitration. I appealed and court date set.

 

I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing).

 

SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California.

 

I said..."bite me".

 

I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003).  

 

In the appeal I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. 

 

I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (???  I think it was 2012).  I kept screaming. Kept kicking....

 

In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding.  JAMS it is.

I filed, I included everything that should have been included in the original suit, but didn't know any better.  I hit them with everything I had including all their screw ups that they will be fined for.

 

JAMS accepted it on March 19.  

 

March 27, I received an offer of .... cough cough... settlement.  Pffft.  A get out of jail free card for AA.  I will not sign it. It is garbage.

 

AA did not send a copy of the settlement offer to the court, as the Judge had ordered.  So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration.  Course not, JAMS sent them an invoice for $800.  (Remember, they pay all fees.)    They already owe me $350 for what I have had to file...citing same clause in agreement.

 

AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago.  They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me.

 

I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage.  YAY.

 

So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it.  Not likely. Something like that will cost them $5,000...made payable to ME. That paragraph will be changed.  The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up?  Not sure how much that is worth...possibly priceless. I may just say "bite me".

 

I am trying to remember how to put up images....I photographed the entire thing.  Let's see if I can post them here. I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign.

 

Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all).

 

So...let's figure out the image thing now and please please feel free to comment...good and bad. I need straight talk.

 

Thanks so much!

 

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@CountryLady, good for you for standing up for yourself and the law!  A few thoughts. You are correct about the FTC fining Asset Acceptance $2.5 million using the same tactics you've stated, including filing lawsuits past the statute of limitations. Here's a link to the FTC order:

 

http://www.ftc.gov/news-events/press-releases/2012/01/under-ftc-settlement-debt-buyer-agrees-pay-25-million-alleged

 

Please take note that at the bottom of the page, there are two FTC staff contacts and their phone numbers. One is for the Northwest Region, which I believe covers your situation. I suggest getting out a nice big whistle, calling the FTC, and blowing it as loudly as you can on Asset Acceptance. If they are knowingly violating the FTC order, they could be in for a rude awakening.

 

If you are certain the case is outside of SOL, I would not settle for a mutual walk away. Because they filed suit after the SOL, the Plaintiff and their lawyer violated the FDCPA. With the FTC Order, you have supporting documentation to present to an arbitrator. I'd file my written complaint in JAMS, and make them pay the initial $800 filing fee, and then the many thousands in arbitration fees thereafter. I think they'll be writing you a check.

 

Another Oregon poster recently went through a battle trying to invoke JAMS and was told that there was no way the court would allow it. They were successful to date in getting the Plaintiff to JAMS, and it appears to be a key issue in their strategy towards ultimately resolving the dispute. You may wish to trade notes with CIC member @Tds.

 

Great work!  :)%

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This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies.  

 

Brief scenario. 

 

Dell Financial

Asset claims they purchased the alleged debt

Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead.

 

I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court appointed"...many thanks to those of you that educated me on the difference.

 

I was late on responding to items..but then, so were they.

 

I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL).  I put the book to memory...saw some really cool ideas and went for bear.

 

Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me".

 

They won in court appointed arbitration. I appealed and court date set.

 

I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing).

 

SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California.

 

I said..."bite me".

 

I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003).  

 

In the appeal I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. 

 

I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (???  I think it was 2012).  I kept screaming. Kept kicking....

 

In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding.  JAMS it is.

I filed, I included everything that should have been included in the original suit, but didn't know any better.  I hit them with everything I had including all their screw ups that they will be fined for.

 

JAMS accepted it on March 19.  

 

March 27, I received an offer of .... cough cough... settlement.  Pffft.  A get out of jail free card for AA.  I will not sign it. It is garbage.

 

AA did not send a copy of the settlement offer to the court, as the Judge had ordered.  So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration.  Course not, JAMS sent them an invoice for $800.  (Remember, they pay all fees.)    They already owe me $350 for what I have had to file...citing same clause in agreement.

 

AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago.  They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me.

 

I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage.  YAY.

 

So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it.  Not likely. Something like that will cost them $5,000...made payable to ME. That paragraph will be changed.  The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up?  Not sure how much that is worth...possibly priceless. I may just say "bite me".

 

I am trying to remember how to put up images....I photographed the entire thing.  Let's see if I can post them here. I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign.

 

Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all).

 

So...let's figure out the image thing now and please please feel free to comment...good and bad. I need straight talk.

 

Thanks so much!

 

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Okay if they dismiss, can't you put in for your cost through the courts? Especially if their in noncompliance with JAMS? Just asking, cause I am entering this phase of my life with JAMS.. 

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Okay if they dismiss, can't you put in for your cost through the courts? Especially if their in noncompliance with JAMS? Just asking, cause I am entering this phase of my life with JAMS.. 

 

I don't think so.  It says in their settlement paperwork that we pay our own expenses.  I am thinking that today I will go file with the court for immediate reimbursement.  

 

Does anyone know the answer on this one?

 

Many thanks.

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@CountryLady, good for you for standing up for yourself and the law!  A few thoughts. You are correct about the FTC fining Asset Acceptance $2.5 million using the same tactics you've stated, including filing lawsuits past the statute of limitations. Here's a link to the FTC order:

 

http://www.ftc.gov/news-events/press-releases/2012/01/under-ftc-settlement-debt-buyer-agrees-pay-25-million-alleged

 

Please take note that at the bottom of the page, there are two FTC staff contacts and their phone numbers. One is for the Northwest Region, which I believe covers your situation. I suggest getting out a nice big whistle, calling the FTC, and blowing it as loudly as you can on Asset Acceptance. If they are knowingly violating the FTC order, they could be in for a rude awakening.

 

If you are certain the case is outside of SOL, I would not settle for a mutual walk away. Because they filed suit after the SOL, the Plaintiff and their lawyer violated the FDCPA. With the FTC Order, you have supporting documentation to present to an arbitrator. I'd file my written complaint in JAMS, and make them pay the initial $800 filing fee, and then the many thousands in arbitration fees thereafter. I think they'll be writing you a check.

 

Another Oregon poster recently went through a battle trying to invoke JAMS and was told that there was no way the court would allow it. They were successful to date in getting the Plaintiff to JAMS, and it appears to be a key issue in their strategy towards ultimately resolving the dispute. You may wish to trade notes with CIC member @Tds.

 

Great work!  :)%

 

Thank you so much for this.  Tds has contacted me.  So the dialog has begun.

 

It is so frustrating to be lied to and to be treated like crap by these slithering snakes.  Thankfully, I can be bullheaded.  Cried a lot of tears and lost so much sleep over their games.  Was even hospitalized.  Then I just got mad.  I didn't care that I had said certain things....I had even stated at one point that maybe I did owe a certain amount.  The judge asked me whybi would put that in writing if I didn't think I owed anything.  I told him I was scared and confused and saw their printouts but I had had time to think on it and I didn't owe them even a dime because they never even proved they owned an account.  

 

I made so many mistakes.  But I just didn't care.  They were breaking the law and lieing so once I read this book one of you were so kind to send me...that was all I needed.  I was finally ready to fight.

 

They even told the Judge under oath that they had no clue what JAMS was.  Two months earlier under oath they told the court-appointed arbitrator they did not want to use JAMS because it cost too much.  I told the Judge and documented it.

 

I just hope in the end, they have to pay for doing this to me.  I wish I could help others!!!!

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I called the FTC and had to leave a voicemail.  Am awaiting a call back. Will let you all know when I hear something.

 

Thanks again for the link.

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You're very welcome @CountryLady. Based on your post, perhaps you might want to consult with an attorney about this? Here's an Oregon law firm that is well known for representing consumers on FDCPA, FCRA, and related debt collection issues  http://www.baxterlaw.com/

 

I wish I could. My inability to pay for an attorney is why I have done it all myself.  I've gone from full time to barely part time.  I cant afford it.  But I have time to do this right.  I will get it.  Thanks!!!!

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I wish I could. My inability to pay for an attorney is why I have done it all myself.  I've gone from full time to barely part time.  I cant afford it.  But I have time to do this right.  I will get it.  Thanks!!!!

 

Law firms like the one I posted will generally take consumer litigation cases on a contingency basis - a percentage of what they win, or alternatively the junk debt buyer side will have to pay all legal fees. You wont have to put up any money. They will also provide a free consultation, and the firm I shared the link for has stated on their website:  

"The Consumer Litigation Group represents consumers on a contingent basis. We don't get paid a fee unless there is a recovery or result in your favor."

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Law firms like the one I posted will generally take consumer litigation cases on a contingency basis - a percentage of what they win, or alternatively the junk debt buyer side will have to pay all legal fees. You wont have to put up any money. They will also provide a free consultation, and the firm I shared the link for has stated on their website:  

"The Consumer Litigation Group represents consumers on a contingent basis. We don't get paid a fee unless there is a recovery or result in your favor."

 

Thank you. I'll call them.

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Goodness. If you were a consumer attorney, and presented with the opportunity to make the slitherers at AA pay all your fees in a court battle, wouldn't you jump at the chance?

 

Even if you don't get one right away, many will offer a free consultation, and then you'll know your options.

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@CountryLady

 

How did you determine that the SOL is 2 years on this debt?

 

I looked it up.  I'll find it for you.  The judge asked for the source as well and accepted it as valid...he kept it in his court because he felt it was now...is now....his jurisdiction.

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Goodness. If you were a consumer attorney, and presented with the opportunity to make the slitherers at AA pay all your fees in a court battle, wouldn't you jump at the chance?

 

Even if you don't get one right away, many will offer a free consultation, and then you'll know your options.

 

I had 7 attorneys say they could not help me unless I paid retainers that were just outrageous...I would think someone would jump at it... I have no clue why none wanted to jump.  I sure would.

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@CountryLady

 

You're referring to statute 339.  I'm not trying to be difficult, but it doesn't say that the contract must be signed.

 

Hopefully, the plaintiff and the judge won't look up case law.  There's court precedent that says a credit card SOL is 4 years.  A written agreement can be the cardmember agreement because it contains the terms of the account.  

 

That may be why the attorneys won't take the case without a retainer. 

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@CountryLady

 

You're referring to statute 339.  I'm not trying to be difficult, but it doesn't say that the contract must be signed.

 

Hopefully, the plaintiff and the judge won't look up case law.  There's court precedent that says a credit card SOL is 4 years.  A written agreement can be the cardmember agreement because it contains the terms of the account.  

 

That may be why the attorneys won't take the case without a retainer. 

 

It was looked up.  Your mention of the statute # is the first time I have seen the number. The definition was looked up by one of the clerks at the federal court.  The definition she presented to the judge does indeed say that for a contract to be binding it MUST be signed.  The judge agreed that the SOL for calif was/is 2 years. My #1 argument was that AA never has denied the account was time-barred.Their argument is that I now live in Oregon so it nullifies the Ca SOL...even tho it became time-barred while I was a full time resident of Calif.  

 

AA also tried to get it put under Utah law and Texas law.  The judge said no to them as well.  Oregon has a borrowing law.  So Calif SOL applies anyway.

 

It's all a moot point as they are ready to settle now anyway with prejudice.  It's just a matter of what I will or will not sign and the FTC complaints I will file.

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I had 7 attorneys say they could not help me unless I paid retainers that were just outrageous...I would think someone would jump at it... I have no clue why none wanted to jump.  I sure would.

 

@CountryLady, attorneys respond based on how a case may be presented to them. If a party calls and only says "I need help defending a debt lawsuit" - then they are likely to say they need a retainer and be paid on an hourly basis. However, if a party says: "During the course of attempting to collect a debt, I believe this company violated the FDCPA" - the very same attorney may take it on a contingency because now there is a counterclaim to consider. During the course of these affairs, things change, so while you may have been purely on defense a year ago, you might now have ammunition to go on offense and countersue.

 

I sense that is why @BV80 was trying to help narrow down the statute of limitations issue. If they were truly beyond the SOL, and sued, it would be an FDCPA violation. If they were not beyond SOL, then it would not be a violation (unless other violations were present). It sounds like the argument is the difference between an alleged oral agreement and an alleged open account. Your original post said "Dell Financial" but did not say if it was an alleged credit card, or perhaps an alleged computer lease.

 

Two questions:

What is the stated basis for Asset's claim?

Did the Judge's Order specifically state this was past the statute of limitations?

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@CountryLady

 

I don't know what the clerk was reading but it could not have been  § 339, but it does not reference a signature.

 

I think you got very lucky.  Look at it this way:  If the contract was required to be signed to be enforceable, then Asset would have been able to argue that there was no agreement to arbitrate because you didn't sign it.

 

Credit card agreements are never signed.   If credit card agreements were required to be signed, then no one in CA could ever be sued for a credit card debt.

 

if Asset really wanted to fight, the case law that shows that the 4-year SOL applies would have been found. 

 

Resurgence Financial, LLC v. Chambers,  Cal: Appellate Div., Superior 2009

 

The CA court ruled that DE's 3 year SOL trumped CA's 4 year SOL.

"In this case, the shortened period would be three years instead of four years. (See Code Civ. Proc., § 337.)"

 

Middleton v. L&J ASSETS, LLC,, Cal: Court of Appeal, 2nd Appellate Dist., 8th Div. 2008

"Citibank had no right to pursue Middleton until she failed to perform under a contract she admits existed,[5] i.e., failed to make a payment by June 5, 2001. The contract action, filed June 2, 2005, within four years of the date of that breach, was timely. (Code Civ. Proc., § 337.)"

 

 

 

The only case I've read that applied the 2-year SOL to a credit card Is Mello v. Great Seneca Financial in which Mello sued for FDCPA violations.  One of the violations alleged was that Great Seneca sued on a time-barred debt.  The court applied the 2-year SOL because Great Seneca never produced "a writing".  In your case, a writing was produced.  The Mello case would not help you but would help Asset.

 

The angels were watching over you. 

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@CountryLady, attorneys respond based on how a case may be presented to them. If a party calls and only says "I need help defending a debt lawsuit" - then they are likely to say they need a retainer and be paid on an hourly basis. However, if a party says: "During the course of attempting to collect a debt, I believe this company violated the FDCPA" - the very same attorney may take it on a contingency because now there is a counterclaim to consider. During the course of these affairs, things change, so while you may have been purely on defense a year ago, you might now have ammunition to go on offense and countersue.

 

I sense that is why @BV80 was trying to help narrow down the statute of limitations issue. If they were truly beyond the SOL, and sued, it would be an FDCPA violation. If they were not beyond SOL, then it would not be a violation (unless other violations were present). It sounds like the argument is the difference between an alleged oral agreement and an alleged open account. Your original post said "Dell Financial" but did not say if it was an alleged credit card, or perhaps an alleged computer lease.

 

Two questions:

What is the stated basis for Asset's claim?

Did the Judge's Order specifically state this was past the statute of limitations?

 

*takes a deep 

Yes, it was determined the SOL in California is indeed 2 years. Yes, the judge agreed.  JM argued that I now live in Oregon so Oregon law applies. Then he said Texas law applied. Then he said Utah law applied.  Oregon has a borrowing law.  The purchase was made in California, under California law, all bills were sent to California. Everytime I brought up the borrowing law/statute, whatever it is called, it was IGNORED. No comments by either the court-appointed arbitrator or the Judge. They just ignored my comment.  I said it everytime. I kept bringing it up.  The Judge requested JM present something that would enable him to determine SOL (this was done in court).  The JM attorney said he would provide it.  5 days later I get a copy of a letter he sent to the Judge arguing that the SOL did not apply in this case and that it was under Texas law.  I immediately went to the court and presented what I had to the clerk. She took it and placed it on the Judge's desk. It was simple fact.  The clerk placed with it her research wherein she discovered the same thing.  SOL in California was 2 years. She also presented whatever it was in California law that defined a written agreement. It was highlighted that there had to be a signature on the agreement for it to be a legal, binding contract.  There was none because none was ever signed.

 

This was NOT a credit card. This was NOT an open line of credit.  There was a single phone call. I said what I wanted, it was sent to me. No confirmation, no contract to sign, no open-ended anything. This was a saving grace for me. Everything else I purchased for the computer was paid separately. I had a balance that I believe to date, I paid 

 

I was gifted a wonderful book by one of you on here (thank you so very much) about another individual that went up against AA and won.  I followed that book....did what she did, didn't care what anyone said was legal or what they said the Judge may think or do. I just did it.

 

I truly don't think luck had much to do with it. It has taken me a year of pain, sweat, tears, no-sleep, research, research, research, letters, phone calls, and a determination that I would not give up. Even if they win, I won't pay them a dime. They know this. I am disabled. I work part-time and can barely even buy food. And that is no exaggeration. I have given this my heart and soul. It just angers me to see what these people do to those that do not understand this stupid game they play.

 

Asset Acceptance is nothing but a blood-sucking corporation that can't prove a dang thing on anyone. There are no records regarding my account. They have my name and 4 numbers that they say are the last 4 of my account number. Well, surprise...they are not accurate.

 

Every notice the JM attorney sent me had a different amount due.  Interest was different each time, lower, higher, amount of original debt changed with each letter they sent.

 

The JM attorney said he was with the firm Johnson Mark LLC. Well, flippin' liar. He misrepresented himself.  I called one day and he did not answer the phone, the JM receptionist did. She was ill, coughing, didn't feel well, so when I told her I needed to speak with this attorney, she was taking a bit too long. She finally apologized, said she sometimes had trouble finding the attorneys. I laughed and said something like, a big law firm - you have to expect that. She laughed and said she could not concentrate because she didn't feel well, but this jerk (my word, not hers) was not an employee of Johnson Mark, but worked for a collection firm in Oregon. I asked where she was, she said Utah. She said she had to go through  the list to find who he was. Then she said, oh there he is..then said he was out of Oregon and if we were disconnected to call whatever the collection company was. I just about passed out.  On all his forms he signs them as an attorney of JM.  As well, I dug deeper and realized everything I got from JM had the same signature on it. Every dang one matched. This included letters for a secretary, a legal assistant and a paralegal.  ALL of them were signed by this same attorney.

 

In my paperwork to JAMS, they received all of it....every complaint I had. Every seemingly silly piece of evidence I could find. Every bit of research.  I listed the process server as having lied under oath, as well. Her affidavit of service says she is now and has always been a resident of the State of Oregon. She was born and raised in California. And still lives there. She manages their California office.  But seems somehow on the day she served me to have been able to serve me at 3:30 in the afternoon and reach the location of the Notary some 5 1/2 hours away before they closed their office at 5:00 pm to notarize that she had served me that day and time. The notary is her relative. He runs the Oregon office. And she forgot to scratch out the "State of California" on her affidavit (I can't spell that word worth anything).

 

So I got curious. Who was this employee that said he knew about the business of AA and how did he know about my case specifically?  So I called AA corporate. 30 minutes later it was confirmed the person did not exist nor had he/she ever been an employee of AA. Confirmed by HR.

 

I have done my homework.  I knew if I could push it into JAMS they would request settlement.  They say I owe $1,100. They want $4,500 which they say includes attorneys fees, interest dating back to April 2010, and their miscellaneous expenses.  But when the court-appointed arbitrator told them to write up the award so he could sign it, they had only stated in the arbitration that their expenses were something like $350 to date.  Now they are faced with all the fees for the case but they still want me to pay what I have paid out of pocket...amounts the agreement the Judge said is valid states they must pay.

 

Wow, I have written way too much.

 

I won't be offended if you don't read it all. It's a lot. And quite frankly, it gives me a headache everytime I go through it again...the court-appointed arbitrator said it gave him a headache it was so complicated. The Judge said it was a hornet's nest. I think that's why he finally pushed it to JAMS.

 

JAMS seems to want to help. They have been so nice in answering questions.

 

It's all back to this that I have to do today...make my changes on their settlement request and see what happens.  And I guess now that I have aired all this, does the confidentiality portion really matter?  For settlement, I could probably just say "we settled".  I'm not asking for money. I just want this dang thing over and I don't want them to be able to keep doing this to others. Maybe I should become an advocate....now there's a thought.

 

Thank you so much for all the questions you've been asking.  I need to see them. Even over this past week of response, I have learned so much again, in having to research to figure it all out.

 

Headache and all, I would still love to hear your comments.  And I thank you for them!!!!

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This was NOT a credit card. This was NOT an open line of credit.

 

 

Well, there you go.  That's why the 2-year SOL was applied.  :-)

 

Wow, there's alot to your case!  It's work for you just to keep up with all of the details.

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@CountryLady, I'm so sorry to hear you have gone through all of this. The junk debt buying industry and unethical attorneys who pursue these matters in this fashion turn a blind eye to the stress and aggravation they cause others. In other cases, it is done with the pure intent to harm others and bully them into writing a check. It should absolutely not be tolerated.

 

You've noted multiple issues that do support FDCPA violations. This statement of yours:  "Every notice the JM attorney sent me had a different amount due.  Interest was different each time, lower, higher, amount of original debt changed with each letter they sent" represents FDCPA violations. Since this was not an alleged credit card, but an issue emanating from a telephone order and an unsigned contract, I think CA's 2 year SOL applies. The decision is up to you. If you just want it to be over, you can sign the settlement agreement and put the whole matter behind you. If you want to fight on the FDCPA violations, you can and this forum can help you breakdown which are valid FDCPA claims and which are not. Please keep in mind FDCPA violations have one year SOL. My concern is that JAMS has not been very objective in this instance, and that may be difficult to reverse at this point. If you find the arbitrator overstepped his or her authority in their decision (ie. regarding the other party paying fees), you can file an appeal. However, that is more time, stress and aggravation.

 

I think you either need to let the case go, and take the $0 settlement, or decide if you want to battle further. If you want to battle further, call that law firm I sent the link on and tell them all that you just wrote here. You have nothing to lose by making the call and sending them some docs, and they may have other options for you to consider. Certainly a good lawyer doing battle for you will take most of the stress away, and you'll be seeking justice without spending time on learning rules of procedure and battle a system that is highly imperfect. I'm glad you called the FTC, they may have some options for you to consider as well.

 

Let us know what the attorney and the FTC says and then take some time to decide what your ultimate goal is. Even if you settle now, consider it a victory over a massive corporation and a large law firm, both who have awful reputations for exactly the type of unethical behavior you described. You deserve huge credit for facing them down.

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Yet another update.

 

I met with and hired an attorney today.  And yes, it is confirmed...it is time-barred.  All the violations I had listed are valid.  She is sending them the letter acknowledging she is representing me and will be making demands and I guess you would call it a threat. She is in contact with the Feds and is starting the process of reporting/suing them.

 

I'm so relieved to have it off my shoulders.  It's gotten to be too much.  They are playing games with thick files and verbose, unnecessary statements; purposely confusing me. She grinned reading their ridiculous so-called settlement.  I will let everyone know what is happening.  She seems to be very smart woman.

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