williams4

Being sued Unifund

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13 hours ago, williams4 said:

I now see how this wouldn't be a violation of the CFPB order.  Once it (hopefully) gets to arbitration, should I have them verify that they own the debt in more details? Like have them provide a copy of  the terms of the "bill of sale" since it should state the first debt buyer can't resell? So if it does state this, then what? Would I still owe 2nd debt buyer since the first debt buyer wasn't suppose to sell it?  Or does this even matter?

Right. They didn’t violate the Order because they were not the party upon which the CFPB placed restrictions.  But for future reference, even if they did violate a CFPB Order, you would not have a right of action because those Orders are between the CFPB and whatever parties the agency sued.   Only the CFPB can do anything about those violations.  

In regard to what you can request in arbitration, Harry or Fisthardcheese can give you that information.  While the debt is still owed, I’m not sure it’s owed to the 2nd debt buyer.   However, it will be up to the arbitrator. 

The purpose of requesting arbitration is to get a JDB to dismiss its action against you.  Hopefully, that is exactly what this JDB will do and you won’t have to deal with discovery or anything else. 

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Just a quick question. I am still waiting to hear from the court about arbitration.  But I called my original creditor (citi) and asked them to tell me who they sold the account to and the dollar amount.  Just to verify what Unifund is saying is correct.  They said it was sold to Unifund and they do not have any access to my account anymore.  They said I need to talk to Unifund to get the dollar amount.  I just find this strange.  So the only thing I have to go on is what Unifund is telling me the balance is? I can't seem to find another way to verify the dollar amount.  My original creditor (Citi) does not have that info, it's not on my credit report.  So should I have Unifund provide a detailed summary of all the charges and payments on my account? I am trying to figure out the best way to figure out if the dollar amount Unifund is telling me is correct? I obviously don't want to just take their word on it.

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Has unifund provided any of the Citi account statements that were sent to you before they sold the account? If they haven't yet, you can bet they will if you stay in court on this. That's how you will know the balance Unifund claims is the correct amount. 

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Yes, they provided what I am assuming is the last statement? It is a statement with January 2017 date and from the bill of sale the date shows May 2017.  Another question is when I called Citi they said they transferred the account to Unifund.  Which I am assuming they meant "sold" since Unifund has provided bill of sale.  But the bill of sale Unifund provided shows Citi sold to Pilot, then Pilot sold to Distressed, and Distress Assigned to Unifund.  Which I am guessing maybe that's why Citi said it was transferred to Unifund since those are the last people that have it?

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Which is kind of weird they are tracking where my account is after they sold it but do not have a dollar amount?  I am guessing it's just common practice. I just find it strange that credit card companies would keep track of where an account is after they sold it.  Just seems like they wouldn't care?

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So there you go. Are you prepared to claim and prove that unifund has committed fraud? When you go in to court saying "they could have gotten this statement from anywhere!" the burden of proof shifts to you to prove it's not only possible, but probable. You need evidence or testimony of a witness that corroborates your claim. Otherwise, you'll look like a fool and lose any credibility you may have had. 

If I'm not mistaken,  Pilot, Distressed and Unifund operate under the same parent company. Either way, unifund is who is suing you so whatever Citi told you is irrelevant unless you plan to call a Citi employee to testify. And even then, I don't see it being the magic Perry Mason moment of your trial. 

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I am not saying Unifund committed fraud.  I was just trying to verify the amount because I have nothing to go on except the last statement with just a balance on.  Which I don't recall if I did or didn't receive.  I am assuming I did since there is a statement.  I would just like something with a little more proof of the dollar amount.  I was thinking too, since Unifund has access to my account, have them provide the statement with my last payment on it so I can see the balance at that point? Because I know I would have received that statement? I just feel uncomfortable paying someone $22000 just because they show me one statement.  Which I realize was my responsibility to keep track of, but I didn't. So now I am just trying to figure out how to make sure that is what I owe. That is why I am just trying to figure all this out ahead of time because I wouldn't even know what to say if I entered a courtroom.  I just want to know if I am going to pay someone $22000 that I truly owe them that amount of money.

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14 minutes ago, williams4 said:

I am not saying Unifund committed fraud.  I was just trying to verify the amount because I have nothing to go on except the last statement with just a balance on.

If you question the legitimacy of the statement, the message is you think they are committing fraud.

14 minutes ago, williams4 said:

So now I am just trying to figure out how to make sure that is what I owe.

Go to your trial and the court will let you know if you owe it or not. Seriously. The statement is plenty of proof for the court, so it should be for you. Especially if you have no provable alternative theory for where the statement (with your name and address) came from. 

Is there a reason you don't want to use arbitration? There is no way I would take a gamble on going to court against a JDB with a debt of this amount if I had the option of arbitration. 

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2 minutes ago, Harry Seaward said:

If you question the legitimacy of the statement, the message is you think they are committing fraud.

 

This makes sense.  I definitely have no intention to take it to court though.  I have been in a courtroom one time 10 years ago for jury duty and I was a nervous wreck even then.  I wouldn't survive in court.

3 minutes ago, Harry Seaward said:

Go to your trial and the court will let you know if you owe it or not. Seriously. The statement is plenty of proof for the court, so it should be for you. Especially if you have no probable alternative theory for where the statement (with your name and address) came from.

This answers my question.  Not that I am thrilled with the answer, but this is what I was looking for to see if that is enough proof. Thank you!

4 minutes ago, Harry Seaward said:

Is there a reason you don't want to use arbitration? There is no way I would take a gamble on going to court against a JDB with a debt of this amount. 

I did file Motion to Compel Arbitration (Sept 5) and I am now just waiting.  I just have high anxiety and stress about all the "what ifs."  So I am pretty much preparing myself in case the motion is denied.  Which I should probably just worry about it when I cross that path.

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I said it in my first post here - Unifund may decide to follow you into arbitration due to the amount of the debt, but it really is your only shot of getting them off your back. I'd all but guarantee you'll lose in court. At least with arb you have the ability to control their level of discomfort. Something you don't have in court. 

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17 minutes ago, Harry Seaward said:

I said it in my first post here - Unifund may decide to follow you into arbitration due to the amount of the debt, but it really is your only shot of getting them off your back. I'd all but guarantee you'll lose in court. At least with arb you have the ability to control their level of discomfort. Something you don't have in court. 

Absolutely! This is why I was "mentally planning" for court just in case.  Knowing I wouldn't have a chance in court and that's kind of why I just wanted make sure the dollar amount and such was right before court, knowing I would lose and have to pay full amount.  So I just wanted for my own comfort, knowing the dollar amount is correct.   I definitely would rather take to it to arbitration.  I just read a lot about people's Motion to Compel Arbitration being denied.  So I am just unsure of the likelihood of  the motion being accepted.  I don't know why I just have in my head it will be denied. 

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When I filed the motion, I was more confident I could get the motion accepted because my credit card agreement even states something along the line of still being able to request arbitration even is a lawsuit is filed (can't remember the exact wording)  Now doubt is just creeping in.

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The reality is there's nothing you can do to force the court to Grant your motion. If it gets denied you can appeal. That's about all you have control over so there's really no point and stressing out over anything else. Just let the process unfold and see where it goes.

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I have my court date for Motion to compel arbitration in a few weeks.  I was planning on bringing my credit card agreement and the letter that I sent to start arbitration.  Is there anything else I need to bring?  I just want to be as prepared as possible.  From what I read, the JDB will try asking questions that have nothing to do with arbitration? So my main goal is to point it back to the fact that the courts do not have jurisdiction since arbitration is in the credit card agreement? I know I obviously will have to answer any questions that they ask me. But does this mean I answer and keep bringing up the fact that the hearing is for whether or not this should be played out in court or not? I am extremely nervous about appearing in court so I am just trying to play out in my head what to do when I am in there.

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My court date for Motion to Compel is on November 14. I checked my case online today and it looks like Unifund filed a Notice of Discovery on October 25.  In the notice it says

"PLEASE TAKE NOTICE of the service of Plaintiff‘s Interrogatories, Requests for Production, and Requests for Admission upon Defendant XXXXX"

I am not sure what they are needing from me.  I have provided my credit card statement that shows arbitration in it and also the initial start of a arbitration request (have not paid to get it started, was waiting to see if the motion was approved first)  I already "answered the original complaint as well.  I assume I need to "answer" a Notice of Discovery? And in answering this, should I just provide the same thing I already provided?  And also should I provide answers to original complaint again and my reasons for filing motion to compel or just motion to compel stuff?

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You'll receive a packet from them with a bunch of questions to answer. This came up in another thread here. If you answer them it could waive your right to arbitration. If this were me, I would respond to each individual request with the following statement:

Objection. I have demanded private contractual arbitration as the forum for resolution of Plaintiff's claims against me, and answering this interrogatory/ request for admission/ request for production may constitute a waiver of my right to private contractual arbitration. 

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Another quick question, I received my packet of questions today.  It says I need to answer within 30 days after service hereof.  My hearing for Motion to Compel arbitration is on November 14.  So since I have until the 30th to answer, can I wait until after the hearing for the Motion to answer this? And if the Motion to compel is granted, will I still be required to answer this? Which I plan to start getting my answers together here soon since I assume if we do go to arbitration, these same things will be asked there too.

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The more I think about it, would it make more sense to go ahead and mail back since I am answering with Objection. I have demanded private contractual arbitration as the forum for resolution of Plaintiff's claims against me, and answering this interrogatory/ request for admission/ request for production may constitute a waiver of my right to private contractual arbitration? Then this may prevent them from trying to drag out the motion hearing?

 

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Went to the hearing today and Unifund lawyer did not show up.  Judge set another date (January 28) giving her one last chance to show up and if she doesn't he said he is going to set a hearing to dismiss the case.  He was irritated that they didn't show and kept saying that I am making an effort and showing up when I am supposed to and stuff.  He kept saying, "Is there anything else you want to ask the court to do today?" I felt like he was trying to get me to say something but I have no clue what.  Could I have asked to dismiss since they didn't show?  He had already said that he will give her one last chance to show up then set a hearing to dismiss.  I assume if it gets dismissed I don't have to go to arbitration? Or should I go ahead and pay the arbitration fees anyway?

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I should have read up more on if the plaintiff doesn't show what I can do.  I assumed he would just grant the motion to compel.  Now, after reading I feel like the judge was trying to get me to ask to dismiss or for him to make a decision.  He was talking about rescheduling and went on and on how it is a inconvenience for me saying I would need to take off work and I appeared at this hearing when the plaintiff failed to do the same. Then right after that he asked if I objected to a reschedule.  I said no (I was nervous and just trying to stay on his good side).  Now looking back I think maybe he was trying to get me to say that I did object.  He said he will reschedule the hearing far out (January 28) and if she doesn't show again then he will schedule a dismissal instead of granting the motion to compel arbitration.  Is there anything I can do now before the rescheduled motion to compel hearing to get it dismissed? Or should I just ride it out? I didn't know if maybe there was a reason he set the rescheduled hearing for 3 months out?  I will add that he did mention that arbitration can be messy and since it's only 22000 he was going to dismiss if she failed to show up at the next hearing.  Not sure if that's a good or bad thing? At the time, I took it as a bad thing because I was thinking he was against granting the motion to compel arbitration.  But after I got home and thought about it, he is willing to dismiss so maybe it wasn't a bad thing that he said arbitration can be messy?

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Yea, it sounds like he was giving you a hint. I've remember a traffic accident from way back in the day, where judge was really "Wink, wink. Nudge, nudge") until everyone involved finally went "Ohhhh - yeaa!" I wonder if you could file a motion to dismiss based on the no-show, and he'd grant that?

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I was thinking of filing motion to dismiss, but at the same time I don't want to make the judge mad.  Not sure if this was his reasoning for scheduling the next hearing far out so I could file a motion to dismiss since he realized I wasn't going to ask for it.  It was filed as a motion to compel and when he asked me what I was wanting I stated to compel arbitration.  He then said in my last paragraph he sees I mentioned "to dismiss Plaintiff's complaint"  I wonder if this is why he didn't just dismiss since the hearing was for a motion to compel? And he was trying to get me to ask to dismiss the case (which I didn't realize during the hearing)

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Now Unifund has filed a Summery Judgement, stating that AAA closed its case due to lack of payment.  I have not payed the filing fee because I was waiting for Motion to Compel Arbitration to be granted first.  I am writing up my opposition for summary judgement right now.  The Motion to Compel Arbitration hearing is January 28, since they did not show up to the one in November. 

In the Summary Judgement, Unifund states "Plaintiff did not object to the Defendant’s demand for arbitration." 

So after I submit my opposition for Summery Judgement, would it be wise to submit a Motion to Dismiss since in the Summary Judgement they stated that Plaintiff did not object to demand for arbitration?

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