williams4

Being sued Unifund

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On 4/15/2019 at 10:07 AM, Brotherskeeper said:

Yes, I know. In my albeit limited research I could not find any case of an assignment flow from Citi to Pilot to Unifund that raises the CFPB consent ban on the resale. There are several FDCPA cases against Unifund as successor to Citi accounts; none that I found allege Pilot's contractual ban to sell/assign its own accounts. I agree with your position on this issue. The Indiana case I linked to was in response to OP's point that "this doesn't really show an ownership of my account going from Citi to Unifund." That case includes a Unifund witness. 

 

On 4/15/2019 at 10:11 AM, Harry Seaward said:

Right. The court found the witness didn't lay sufficient foundation for introducing the records. A 'problem' Unifund has since corrected.

Sorry for bringing up a controversial topic again.... I tried forgetting about this, but failed.  In this case @Brotherskeeper mentioned that got overturned happened in January 2017. My bill of sale is dated 5/17/17.  They did (within that 5 month period) corrected the wording in the bill of sale (from "receivables" to now "accounts".) But they still only have Unifund and Citi witnesses in my lawsuit (22K from court). Which in the case Brotherskeeper referenced, unifund nor citi could testify for the bill of sales once it left citi.  This also brings up my original point, the wording in the bill of sale between Pilot and Unifund made this court overturn Unifunds Summary Judgement, even though the credit card debtor was not a part of that transaction.

https://www.theindianalawyer.com/articles/42570-coa-overturns-judgment-in-favor-of-credit-card-debt-collector

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27 minutes ago, williams4 said:

Which in the case Brotherskeeper referenced, unifund nor citi could testify for the bill of sales once it left citi.

That's not what the court said in that ruling. Of course Citi can testify to their own records. The problem for Unifund was the witness didn't use the correct verbiage in testifying. Chances are slim they will make the same mistake again, especially since the court explained exactly what they need to do to fix it.  

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33 minutes ago, Harry Seaward said:

That's not what the court said in that ruling. Of course Citi can testify to their own records. The problem for Unifund was the witness didn't use the correct verbiage in testifying. Chances are slim they will make the same mistake again, especially since the court explained exactly what they need to do to fix it.  

I am confused about this part though?  The ownership thing.  If the verbiage has now changed, didn't THIS still play a part in the overturned case? Even though original debtor wasn't a part of that bill of sale?   "The second exhibit also contained two assignments between Pilot and Unifund that “fail to specify the transfer of rights in Williams’ account.” The assignments refer to “rights in the Receivables,” but the “Receivables” were likely more closely defined in a Servicing Agreement that was not admitted at trial, Riley wrote. Thus, the assignments fail to adequately establish that Unifund was assigned or had ownership of Williams’ account."

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I'm not going down that rabbit hole with you anymore. I stand by my previous statements, so you can go back and read them again if you need clarification. 

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1 hour ago, Harry Seaward said:

That's not what the court said in that ruling. Of course Citi can testify to their own records. The problem for Unifund was the witness didn't use the correct verbiage in testifying. Chances are slim they will make the same mistake again, especially since the court explained exactly what they need to do to fix it.  

The affidavit of debt from Unifund for the Bill of Sales (on mine from court) states XXX is a Unifund Employee and is familiar with Plaintiffs bookkeeping.  Then testifies to the assignment from Distressed to Unifund.  But doesn't have anyone from Unifund that testifies the Bill of sale for Pilot.  I have the exact same arguments as this case (even same state) to reference case law.  

 

Edit.... this was posted before I saw your last post.  I apologize!! I will stop.

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I believe there is a very real possibility that you could lose this case by getting sidetracked on nonsense, and I think the only person that should be offering advice here right now is @fisthardcheese. This will be my last post in this thread until the conclusion of the case. I'm going to step out of fist's way to minimize confusion, and I think everybody else should too.

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@fisthardcheese I still haven’t heard back on my motion for tcpa claim. I submitted it on the 18 (case manager forwarded it to arbitrator) I checked in with case manager on the 23rd and she said she hadn’t heard anything back and sent a follow up to the arbitrator and still nothing. My brief is due on Monday. Should I just include it in my brief anyway? In case he is waiting to ok it? Or can I not do that?

***edit*** my only thought is he could be waiting to see what my brief looks like before saying yes to adding the tcpa violations since she is calling my claim frivolous. Maybe he wants to make sure I am not trying to add it to make my claim not frivolous?

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11 hours ago, williams4 said:

@fisthardcheese I still haven’t heard back on my motion for tcpa claim. I submitted it on the 18 (case manager forwarded it to arbitrator) I checked in with case manager on the 23rd and she said she hadn’t heard anything back and sent a follow up to the arbitrator and still nothing. My brief is due on Monday. Should I just include it in my brief anyway? In case he is waiting to ok it? Or can I not do that?

***edit*** my only thought is he could be waiting to see what my brief looks like before saying yes to adding the tcpa violations since she is calling my claim frivolous. Maybe he wants to make sure I am not trying to add it to make my claim not frivolous?

Submit it without the TCPA claims until you hear back from the arbitrator.

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@fisthardcheese I received an email from AAA stating they closed the case for the court ordered arbitration case (22K).  I have an update phone conference hearing with the court on June 17.  Do I need to do something before that date or should I just wait for the conference hearing and tell the judge? My MTC asked to dismiss, or in alternative stay proceedings. I am not  sure if I need to do something since my MTC stated dismiss or stay and the judge may just dismiss after the phone hearing or if that isn't how it works?

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On 5/15/2019 at 2:21 PM, williams4 said:

@fisthardcheese I received an email from AAA stating they closed the case for the court ordered arbitration case (22K).  I have an update phone conference hearing with the court on June 17.  Do I need to do something before that date or should I just wait for the conference hearing and tell the judge? My MTC asked to dismiss, or in alternative stay proceedings. I am not  sure if I need to do something since my MTC stated dismiss or stay and the judge may just dismiss after the phone hearing or if that isn't how it works?

I wouldn't do anything until you know for sure the arbitrator is going to reject the 22k claims from your current case.  Once he does that, then I would immediately file a motion for sanctions in court and include a copy of the letter from AAA closing the case for their non participation. I would ask the judge to sanction them for the refusal to properly follow AAA rules and ask that the case be dismissed with prejudice.

But again, you must make sure the 22k account is excluded from the current AAA case first.

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@fisthardcheese I am thinking the 3K one is getting closed as well.  The letter from AAA for the 22K saying they closed it states "due to a previously filed case that Unifund didn't pay all the filing fees" and states "they will not administer this case (the 22K) or any other cases from Unifund.  Which the 3K one they paid their upfront $3000 bill but I know a previous letter said they were going to get billed $1400 case management fee once the arbitrator is appointed.  But I haven't received a letter about the 3K yet so obviously I won't do anything with the court until then.  And I don't want to get too excited either.

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13 hours ago, williams4 said:

@fisthardcheese I am thinking the 3K one is getting closed as well.  The letter from AAA for the 22K saying they closed it states "due to a previously filed case that Unifund didn't pay all the filing fees" and states "they will not administer this case (the 22K) or any other cases from Unifund.  Which the 3K one they paid their upfront $3000 bill but I know a previous letter said they were going to get billed $1400 case management fee once the arbitrator is appointed.  But I haven't received a letter about the 3K yet so obviously I won't do anything with the court until then.  And I don't want to get too excited either.

Did you file the court order with the 22K case?

This thing gets more messy by the minute.

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43 minutes ago, fisthardcheese said:
 

Did you file the court order with the 22K case?

I apologize, I am not sure what you are asking?  The order from the court to go to arbitration was for the 22K case.  Not sure if this is what you are asking.

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3 hours ago, williams4 said:

I apologize, I am not sure what you are asking?  The order from the court to go to arbitration was for the 22K case.  Not sure if this is what you are asking.

Yes, you didn't send a copy of the granted MTC in with your Demand paper work when you opened that case?

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30 minutes ago, fisthardcheese said:
 

Yes, you didn't send a copy of the granted MTC in with your Demand paper work when you opened that case?

I see what you were asking now.  Yes, I did send it (the order from the court signed by the judge) when I filed/sent in the Demand paperwork to AAA.  The letters AAA kept sending Unifund to pay their filing fee stated it was a "court order".

 

****Edited to add: When I sent my very first demand for the 22K to AAA, they ended up closing the case due to me not paying my $200 filing (I was waiting for the MTC to be granted) When it was granted I contacted AAA explaining I needed to open it back up because my MTC was granted and they informed me to open a new case online, pay the filing fee and attach the court order, which I did.

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