williams4

Being sued Unifund

Recommended Posts

3 hours ago, williams4 said:

@fisthardcheese@Harry Seaward@Brotherskeeper

Just a quick update....  We had our update phone hearing with the court yesterday.  I was going to do as you guys suggested but didn't get to it in time (dad went into the hospital and almost died and is still in ICU, beside the point but being with him moved up in priority over this case)  So the conference update call started off by me telling the judge that I did pay the filing fee on March 6 and explaining how I received the letter saying AAA is not administering due to Unifund not paying their filing fee.  Unifund then chimes in saying no, it's in arbitration and the arbitrator will have his decision by June 20 (which isn't true) and she said that I (me, not Unifund) is currently trying to merge another credit card account into the court lawsuit.  Of course the judge was like these are two totally different stories.  Unifund said well I can send you the court order. (which doens't make sense because he has the court order already)  So the judge told Unifund to fax him the court order and asked me to fax the letter I was referring to that said they aren't going to administer the case.  Which I typed up a little summary and also attached extra exhibits to show that the case in arbitration was filed and paid before the court order was even issued and also attached info and letters for the court compelled case and showing they closed it.  We have another conference update scheduled in August.  But the judge did say during the conversation that if the AAA case is closed that he will move the date of the next conference call up.

Also, I didn't notice until I got off the phone but she mentioned June 20 that a decision would be made. I thought it was odd because her response to my brief is due on June 17 then I still have two weeks to respond to that.  But then I noticed the arbitrators original order (before it changed due to my amended TCPA claim) stated that he should have a decision by June 20.  But if she was going off that order, her response to my brief was due on May 5, then my response back due May 20.   So I am not sure if she even plans on sending a response to my brief or if she thinks her brief before the arbitrator was appointed is all she needs.  I guess if I don't get anything from her by June 17 I will ask for a phone hearing??   

This attorney is a complete mess LOL.  If this were me, I would file a motion for sanctions along with your evidence.  In my sanctions motion I would not only mention that the Plaintiff failed to follow the rules and instructions from AAA leading to the case to be closed, but that the attorney also made false statements to the court regarding this status (backed up by your proof).  I would ask for a dismissal with prejudice, plus my costs.

As far as the arbitration case goes, if she is still under the impression the arbitrator is issuing a decision on June 20 and she does not file her reply to your brief by the 17th, then that is great for you.  No response from her means they have no claims against you.  If she then tries to file something after the 17th, I would email an objection and ask for a phone hearing to sort out all of the confusion with the attorney.

Also, note that she told the court that she is "trying to combine cases", yet the arbitrator told her she could not do this, correct?  She is trying to play games here by saying one thing to the arbitrator and another thing to the court.  Because of this, I would file a very strongly worded Motion For Sanctions in court and make sure the attorney gets a copy directly to her email in addition to the mailed copy. :) 

Share this post


Link to post
Share on other sites
20 hours ago, fisthardcheese said:

Also, note that she told the court that she is "trying to combine cases"

Unifund's lawyer told the court, "She (referring to me, not Unifund) is currently trying to merge the other credit card account (3K) into the court ordered lawsuit (22K) that is currently in arbitration" 

 

20 hours ago, fisthardcheese said:

yet the arbitrator told her she could not do this, correct? 

During the initial conference hearing with the arbitrator, it got heated because I said Unifund was trying to combine two AAA cases and she kept saying she wasn't.  I pointed out that she had two different credit card account statements and stuff and she just kept saying I was lying.  Finally the arbitrator said that obviously the claimant (me) knows which account number belongs to which case number since I filed both cases and he made it very clear that he is only appointed to this case and will only make a decision for this case.  So I submitted my brief (for the 3K one that's not in court) and a couple of days later he granted my motion to amend my claim to add the TCPA violations and in the order the arbitrator said I can only submit the TCPA claim if it pertains to account number XXX (which is the 3K).  So I would assume that means that in her response she would not be able to either.

 

 

20 hours ago, fisthardcheese said:

As far as the arbitration case goes, if she is still under the impression the arbitrator is issuing a decision on June 20 and she does not file her reply to your brief by the 17th, then that is great for you.  

My next question... In the arbitrator's order, Unifund's response to my brief is due June 17 then my response to her response is due July 1.  So say I do not receive a response from Unifund.  How would I go about asking for Discovery time since I need phone records from her and stuff for my TCPA claim and my FDCPA claim? Do I just ask for that in my response even if she doesn't send a response by the 17th?

***EDITED TO ADD: Or does her not replying to my brief mean she does not object to the FDCPA and TCPA claim? I submitted all the evidence I had but it was screen shots from my phone and I was going to ask for phone records during discovery.  Can the arbitrator make a decision going off my brief and screen shots from my phone if she does not object to my claim? Or would the arbitrator need better evidence to be able to make a decision in my favor?  As of right now, the arbitrators order says there will not be a hearing and he will just make a decision on July 1  

 

20 hours ago, fisthardcheese said:

No response from her means they have no claims against you. 

One more question (I apologize!!)  She did file a counterclaim before the arbitrator was appointed so she did not need permission.  Even though her counterclaim didn't make any sense because she was commingling the two credit cards account, the last paragraph did say something along the lines of asking for 22K summary judgement on the credit card account that is in court.  So if she does not bring up that again in her response to my brief, is that counterclaim considered not there? Or how does that work?

Share this post


Link to post
Share on other sites
29 minutes ago, williams4 said:

So I submitted my brief (for the 3K one that's not in court) and a couple of days later he granted my motion to amend my claim to add the TCPA violations

Any chance this is what the lawyer is talking about when she says you're trying to combine two cases? Either she isn't understanding it's violations pertaining to the same account, or you're not understanding her about what she is saying you're trying to do? I just can't wrap my head around an officer of the court lying so blatantly when there is hard copy evidence that unequivocally proves she's wrong and you're right. 

Share this post


Link to post
Share on other sites
26 minutes ago, Harry Seaward said:

Any chance this is what the lawyer is talking about when she says you're trying to combine two cases?

This may be what she is talking about. But my brief on the 3k in arbitration for just the FDCPA violation was submitted on April 28 and my brief for the TCPA violation was submitted on May 13. So she has had time to read both before yesterday. And in the brief there is a summary in the beginning of everything up to this point. So I thought she would realize this case was for the 3k. But I think she is so set in her mind that this is somehow associated with the court and she is not looking into it. Even after the initial conference hearing with aaa I said that her counterclaim has exhibits from both accounts and she just kept saying I was lying. I thought she would have looked to double check but guess she didn’t. 

Share this post


Link to post
Share on other sites
On 6/11/2019 at 1:56 PM, williams4 said:

does her not replying to my brief mean she does not object to the FDCPA and TCPA claim? I submitted all the evidence I had but it was screen shots from my phone and I was going to ask for phone records during discovery.  Can the arbitrator make a decision going off my brief and screen shots from my phone if she does not object to my claim? Or would the arbitrator need better evidence to be able to make a decision in my favor?  

If she does not file a reply brief, then the only thing the arbitrator has to make a decision is your proof and brief.  Without her refuting your claims, what you submitted should be enough for the arbitrator to rule in your favor.  You don't need phone records if they aren't going to oppose your claims.

Share this post


Link to post
Share on other sites
57 minutes ago, fisthardcheese said:

If she does not file a reply brief, then the only thing the arbitrator has to make a decision is your proof and brief.  Without her refuting your claims, what you submitted should be enough for the arbitrator to rule in your favor.  You don't need phone records if they aren't going to oppose your claims.

Sweet! Fingers crossed! 

Share this post


Link to post
Share on other sites
59 minutes ago, fisthardcheese said:

If she does not file a reply brief, then the only thing the arbitrator has to make a decision is your proof and brief.  Without her refuting your claims, what you submitted should be enough for the arbitrator to rule in your favor.  You don't need phone records if they aren't going to oppose your claims.

Which if that happens, I have a total of $4200 between fdcpa, tcpa and arbitration fees I asked for. So I can guarantee she will take that $3200 credit card to court then. If it’s not in small claims can I do the same steps to compel arbitration even though we have already been and she didn’t counterclaim the credit card amount?

Share this post


Link to post
Share on other sites

I find it very hard to believe that the lawyer is either totally stupid, or blatantly lying. Is it possible, from everything she has said and done, that your two accounts got mistakenly combined (like a clerk dropped all of the papers on the floor and put the whole mess in one folder) before she ever got involved? Her insistence that you are "lying" makes it seem that she is totally convinced that everything she is looking at involves one court case and one arbitration, both for the same "account."

EDIT: I think it is safe to eliminate "lying" from the equation. Applying a poker analogy, if lawyer is lying, it's the same as a "bluff." In this case she knows what cards the OP is holding and that the OP will see this through without folding. A bluff, in this case, makes zero sense and is the worst thing lawyer could do. 

Share this post


Link to post
Share on other sites
9 hours ago, williams4 said:

Which if that happens, I have a total of $4200 between fdcpa, tcpa and arbitration fees I asked for. So I can guarantee she will take that $3200 credit card to court then. If it’s not in small claims can I do the same steps to compel arbitration even though we have already been and she didn’t counterclaim the credit card amount?

Yes, but that is so far down the road and the road is so full of mud in your current position I doubt anyone gets anywhere close to that line.

Share this post


Link to post
Share on other sites
9 hours ago, Goody_Ouchless said:

I find it very hard to believe that the lawyer is either totally stupid, or blatantly lying. Is it possible, from everything she has said and done, that your two accounts got mistakenly combined (like a clerk dropped all of the papers on the floor and put the whole mess in one folder) before she ever got involved? Her insistence that you are "lying" makes it seem that she is totally convinced that everything she is looking at involves one court case and one arbitration, both for the same "account."

EDIT: I think it is safe to eliminate "lying" from the equation. Applying a poker analogy, if lawyer is lying, it's the same as a "bluff." In this case she knows what cards the OP is holding and that the OP will see this through without folding. A bluff, in this case, makes zero sense and is the worst thing lawyer could do. 

I happen to think that this lawyer still somehow thinks that AAA is part of the court process and not a separate private entity and she continues to believe that the papers filed in court are also on the desk of the arbitrator currently.

  • Like 1

Share this post


Link to post
Share on other sites
4 hours ago, fisthardcheese said:

Yes, but that is so far down the road and the road is so full of mud in your current position I doubt anyone gets anywhere close to that line.

But I guess too, if the arbitrator rules in my favor then we can settle on the credit card account. Doubt they would settle for anything less than the amount owed. Lol. Honestly, up to this point I would have walked away with a mutual settlement, but after having to deal with all this for a year now, I would make them pay me the difference between the award and my credit card balance. 

Share this post


Link to post
Share on other sites
9 hours ago, fisthardcheese said:

I happen to think that this lawyer still somehow thinks that AAA is part of the court process and not a separate private entity and she continues to believe that the papers filed in court are also on the desk of the arbitrator currently.

Right - that would also explain her behavior. She ignored bill for court ordered arbitration because, in her mind, she "already paid."

Share this post


Link to post
Share on other sites
19 minutes ago, Goody_Ouchless said:

She ignored bill for court ordered arbitration because, in her mind, she "already paid."

There's a huge difference between a $200 court filling fee paid at the time of filing and a later bill for $1,700. Even the dumbest of lawyers can't possibly think the $200 court filing fee covered an invoice for $1,700.

Share this post


Link to post
Share on other sites

Since it's Unifund Corporate, maybe all invoices go to accounting. They said "we got a bill," and she said "whatever, we will recover costs/fees when we win." I don't know what else makes sense.

Share this post


Link to post
Share on other sites
23 minutes ago, Harry Seaward said:
 

There's a huge difference between a $200 court filling fee paid at the time of filing and a later bill for $1,700. Even the dumbest of lawyers can't possibly think the $200 court filing fee covered an invoice for $1,700.

She did pay the $3050 AAA fee for the other credit card account. That's what she is referring to.  Even though I have told her multiple times that it was paid and filed before the court order was issued.  And the fact the arbitrator said he can only make a decision on the case number assigned to him (which is the 3K account) and in his order granting me to add my TCPA claim saying as long as it's for the 3K account.  She is aware there were two cases with AAA on two different account numbers and even told the arbitrator that she was waiting to pay the other until this one was over.   I even told her that the 3K account was never in court and doesn't have a court order and she said Yes, that is correct.  I explained that the letter from AAA states it's a court compelled case.  But she still wouldn't believe me.  I don't think she is intentionally lying, I think she just thinks she is right and I am wrong and won't look at any of the stuff I keep pointing out to her.  Which, fair enough, she is a lawyer and I am person with two credit card accounts in collections.  Lol  I wouldn't listen to me either!!

Share this post


Link to post
Share on other sites

Ok, this just popped in my head. So we had the original order from the arbitrator with the decision being made by June 20 (like she said in court) then the arbitrator granted my amended claim with the new due dates of things. So when she said that I (me) is currently trying to merge the two accounts, she could be under the impression that the arbitration case is the 22k one and the arbitrator is making a decision on that on June 20 still. And the new order after the arbitrator granted my motion to amend claim is for the 3k. And the arbitrator did say as long as it’s for account ending in xxx (3k). So I have a feeling she will send a response by the due date on Monday, but I don’t think she will even mention the 22k one at all. She will probably just respond to the 3k since she is probably under the assumption that the arbitrator has the court documents on the other one. 

Share this post


Link to post
Share on other sites
19 hours ago, williams4 said:

if the arbitrator rules in my favor then we can settle on the credit card account

You mean for the $3k account?  Possibly, but I wouldn't worry much about that one at this point.   I would be filing that Motion for Sanctions ASAP like I previously suggested, if this were me.  I would want to lay out in details the mess she has made of this arbitration case to the court and point out the incorrect details she provided to the court in her last appearance.  I would also state that the Plaintiff has failed to follow the rules and requests of AAA causing AAA to close the file on the case ordered by the court to be heard in AAA and ask for sanctions.  I'd get her worked up on two different fronts.  One, when she figures out she never submitted claims to the arbitrator and two, when she figures out that she (possibly inadvertently) has violated the court's order to arbitrate on the case she brought to court.

Share this post


Link to post
Share on other sites
4 hours ago, fisthardcheese said:

You mean for the $3k account?  Possibly, but I wouldn't worry much about that one at this point.   I would be filing that Motion for Sanctions ASAP like I previously suggested, if this were me.  I would want to lay out in details the mess she has made of this arbitration case to the court and point out the incorrect details she provided to the court in her last appearance.  I would also state that the Plaintiff has failed to follow the rules and requests of AAA causing AAA to close the file on the case ordered by the court to be heard in AAA and ask for sanctions.  I'd get her worked up on two different fronts.  One, when she figures out she never submitted claims to the arbitrator and two, when she figures out that she (possibly inadvertently) has violated the court's order to arbitrate on the case she brought to court.

Working on filing the Motion for Sanctions.  I am also including the fact that she also failed to appear at the MTC hearing and the judge had to reschedule.  After the court rescheduled the MTC hearing she filed Motion for Summary Judgement saying there are no material issues when obviously my MTC was still pending and the hearing was delayed because of her.  So pretty much showing that she continues to cause delays in this case.  She opened the case in August of last year and I filed my MTC in September and we are pretty much back to square one in the case.  The original judge we had has since retired.

 

edit: My plan is to have my motion for sanctions filed by Monday or Tuesday so when she replies it will be past the June 20 date that she told the judge the arbitrator will have a decision made. Which the arbitrator will obviously not have made a decision yet so she can’t continue to say that. 

Share this post


Link to post
Share on other sites

@fisthardcheese

Well I got her response to my brief. So first, the subject line of the email says case xxx (which is the case that I initially filed with aaa back in November and aaa closed for me not paying my filing fee. Was waiting to pay until the court granted my mtc) Then in her response she again says this arbitration is for case xxx (the one closed back in October)  and then she references the 22K account and explains how she didn’t violate the fdcpa because she sent the dunning letters. (I don’t even know how this is even relevant to anything because I never even said anything about this) So not only is it a different account, it doesn’t even reference anything from my brief. She didn’t object to my fdcpa claims on calling after I sent cease/desist letter and didn’t mention anything about the tcpa claims. Honestly, I have no clue where to even begin with my response because she keeps referencing an aaa case number that is not even the case number that the arbitrator is handling. 

Edit: she had two attachments, exhibit m and n, not referenced in the response. Just attached in the email. But I finally got them to open (we are camping and not the best coverage out here) one is an affidavit from a unifund saying they don’t make outbound calls to customers unless the customer calls and they are returning a call, that they have never been associated with alltran, and that when they get cease/desist letters they immediately put it in their computers and it pops up right away when opening their account. The other attachment is a print out of who alltran is and a q and a from a lawyer website?? Saying something about sometimes people identify as alltran and it’s a scam, and how this lawyer was able to settle a Citicard account with alltran for xxx amount. I am so confused. Is she saying the people calling me were a scam? If so, it’s weird that the calls started the same day their debt verification letter was post dated and ended the same day they received my demand for arbitration (I mailed it certified mail and can see the date they got it) That’s an awful big coincidence. I guess it’s possible though. I don’t know. I am still so confused. 

Share this post


Link to post
Share on other sites

Sounds like Fist's strategy is soundest. Deal with each case in a vacuum. The active AAA case is only for your claims on the violations - everything Unifund sends that has to do with any other account should be tossed by arbiter. As far as Court case, your MTC was granted and plaintiff has not complied by their failing to arbitrate - same thing, anything that has to do with another account or another arbitration should be tossed by judge. Amazing they screwed this up to such an extent.

 

Share this post


Link to post
Share on other sites
2 minutes ago, Goody_Ouchless said:

Sounds like Fist's strategy is soundest. Deal with each case in a vacuum. The active AAA case is only for your claims on the violations - everything Unifund sends that has to do with any other account should be tossed by arbiter. As far as Court case, your MTC was granted and plaintiff has not complied by their failing to arbitrate - same thing, anything that has to do with another account or another arbitration should be tossed by judge. Amazing they screwed this up to such an extent.

 

I did edit my post above just now. I am confused on the attachment thing. She doesn’t mention anything about calls or anything in her brief but does attach the two attachments in with the email. 

Share this post


Link to post
Share on other sites
21 hours ago, williams4 said:

Working on filing the Motion for Sanctions.  I am also including the fact that she also failed to appear at the MTC hearing and the judge had to reschedule.  After the court rescheduled the MTC hearing she filed Motion for Summary Judgement saying there are no material issues when obviously my MTC was still pending and the hearing was delayed because of her.  So pretty much showing that she continues to cause delays in this case.  She opened the case in August of last year and I filed my MTC in September and we are pretty much back to square one in the case.  The original judge we had has since retired.

Don't  This is irrelevant.  The only thing the court needs to hear are all of the details from the last hearing to today.

12 hours ago, williams4 said:

Honestly, I have no clue where to even begin with my response because she keeps referencing an aaa case number that is not even the case number that the arbitrator is handling. 

Your response to her reply brief should be a response AND an objection.

In this response, I would start to get VERY strong and forceful. This is your last chance to make you point to the arbitrator.  You need to start off by objecting to Unifund's insistence in adding a case into this matter that is not before this arbitrator.  Object to her inclusion of a seperate case and ask that all mention and documents relating to case number XXX be stricken from this case as irrelevant.  Next I would state exactly as you put it here on the attached evidence.  First, I would state that Respondent has made no opposition to your TCPA or FDCPA claims in their brief, however they seem to have attached some kind of unreferenced document.  I would state that "although Respondent has not refuted any claims made by the Claimant and therefore, claimant's claims should be awarded as unopposed, in the instance that the arbitrator deems the unreferenced documents part of Respondent's brief, Claimant will offer the following response."  I would then go into detail on how their affidavit does not explain the multiple calls that came to your cell phone from numbers found to be phone numbers owned and used by the Respondent as evidence [X Y Z] has shown.  Respondent has failed to offer any evidence that Claimant had given any permission at all to call their cell phone, let alone any express permission as required by TCPA [cite the specific section here].  If you haven't already sent a copy of the C&D letter you sent, include it and reference that regardless of respondent's stated policy, it clearly was not followed or enacted in this instance because the C&D letter was sent on XX date [reference exhibix #] and phone calls to Claimant's cell phone came on XX dates - YY dates, well after the C&D was received [and assuming you can show proof of certified letter signed for].

In conclusion, I would ask that any mention of the irrelevant case be striken and that your claims be awarded in the amount of whatever $ amount you asked for in your brief.

 

Then, I would continue to file that Motion for Sanctions in Court.  Perhaps (just as my own little amusement in this debacle), I would file and send copies to the attorney of both the motion for sanctions and the reply breif on the same day. :)

Share this post


Link to post
Share on other sites
15 hours ago, fisthardcheese said:

 

In conclusion, I would ask that any mention of the irrelevant case be striken

 

I just want to make sure I don't screw up and not do it correctly.  So I am asking, in my response/objection, for anything with the other case be striken? So I DO NOT have to file a Motion to Strike or anything like that? I just want to make sure I am understanding.

 

15 hours ago, fisthardcheese said:

reference that regardless of respondent's stated policy, it clearly was not followed or enacted in this instance because the C&D letter was sent on XX date [reference exhibix #] and phone calls to Claimant's cell phone came on XX dates - YY dates, well after the C&D was received [and assuming you can show proof of certified letter signed for].
 

Yes, I saved all the certified letter stub that were signed and sent back.  I also sent my demand for arbitration for this account certified mail and the day they received the calls stopped.  I printed off the USPS tracking that shows it was delivered and signed for at 8:00 AM and I did not receive any calls that day.  So they followed policy then.  lol

 

Share this post


Link to post
Share on other sites

@fisthardcheese  Here is one of the attachments she sent.  It's just very strange and bizarre.  I haven't mentioned Alltran.  I have no clue why she would even send this.  I am so confused.  If you don't mind taking a peak to make sure I am not totally overlooking something?? Unless the attachments belong to a totally different account she is working on and accidentally attached them?

EXHIBIT M.doc.pdf

Share this post


Link to post
Share on other sites
6 hours ago, williams4 said:

@fisthardcheese  Here is one of the attachments she sent.  It's just very strange and bizarre.  I haven't mentioned Alltran.  I have no clue why she would even send this.  I am so confused.  If you don't mind taking a peak to make sure I am not totally overlooking something?? Unless the attachments belong to a totally different account she is working on and accidentally attached them?

EXHIBIT M.doc.pdf 637.68 kB · 5 downloads

Wow.  Just.  Wow.

This attorney is attaching some complete bogus and irrelevant documents here.  This seems to be a website for a consumer attorney talking about suing Alltran?  I don't know, but it doesn't matter because none of it pertains to the case or your claims.  At this point I might even ask the arbitrator to rule the entire reply brief as frivolous given all of the extraneous documents and mentions of accounts not related to the matter before this arbiter in this case.  I would just throw EVERYTHING at them in my response.  Asking for all of their stuff to be tossed out as irrelevant, asking for sanctions, asking for a ruling of frivolity, stating that the attorney seems to be either making a mockery of this process or intentionally attempting to confuse and distort yourself and the arbitrator in this case.  If it were me, I would start to get a much more aggressive in my approach and with quite an indignant tone.  Just flat out tell the arbitrator that you can't make heads or tails of the heap of garbage the Respondent has just dumped on the floor in front of you.  I would even go so far as to tell the arbitrator I am shocked that a member of the Bar and officer of the court is disrespecting the parties and the arbitrator in this case by such egregious actions.

6 hours ago, williams4 said:

So I am asking, in my response/objection, for anything with the other case be striken? So I DO NOT have to file a Motion to Strike or anything like that? I just want to make sure I am understanding.

Don't get so caught up in the formalities.  This is arbitration, there are no formalities.  Just MAKE YOUR POINT.  Who cares what the title is. There are no format rules in AAA.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.