williams4

Being sued Unifund

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@fisthardcheese Ok, please don't kill me.  BUT, I am now back home from camping with better internet coverage.  I guess since I was in the woods, it was not loading the entire response she sent, and was only loading the first page.  I apologize and now I was the one that was making it confusing.   So the pages following does mention the phone calls.  She says the screenshot of the numbers is not a number that belongs to Unifund as Unifund's headquarters is located in OH.  She says "based on a search with the Indiana Secretary of State belongs to Alltran Financial, LP, a debt collection agency operated by URS Management Services Inc., and located in Houston, TX."  Which when the calls came in on my phone, it showed the phone number and under it showed it was from "Rising Sun, IN", which is about 20 miles from Cincinatti, OH.  I am not sure how a search with Indiana Secretary of State showed the number belongs to Alltran.  But all of this does have me thinking more that there is something fishy going on.  So when the calls where coming in (between the time I sent my cease/desist letter and when the calls stopped when they received my Demand for Arbitration) I called the number back and they said they collect for Unifund.  Then, later I was trying to get my evidence to show it was Unifund since I only had screenshots, I paid to have an Intelius phone search which came back as a landline number shows city/states of "previous owners" of account in OH, VA, CA, FL, and MD.  After getting this report I called the number back and said I received a missed call from this number and I am calling to see who it is.  The lady said they don't make outbound calls.  I gave her the phone number that was on my caller id and asked if that was their number.  She said they have a tons of different numbers that show up on caller id but all calls returned go to them but they never make outbound calls.  So this does correlate with the employee of Unifund's affidavit saying they don't make outbound calls to the customer.   Another thing that stuck out in the affidavit was the employee stated Unifund and it's subsidiaries have never had a relationship with Alltran.   The bill of sale/assignments Unifund provided in the 22K account shows the last transaction as an "assignment" from Distressed to Unifund rights to collect on account including litigation and says Distress shall retain title and ownership of Receivable.  So I am wondering if Distress gives Unifund rights to litigate and Alltran rights to call to collect?? Since the affidavit said "Unifund and its subsidiaries" do not have a relationship with Alltran.  Which Distress wouldn't be Unifund's subsidiary, so the employee wouldn't be lying in his affidavit.  It's just very strange that she brings up Alltran and overly defends that they do not have a relationship with Alltran.  Then says based on a search with the Indiana Secretary of State belongs to Alltran Financial, LP, which I got on Indiana Secretary of State website and tried to find something that would show that phone number belongs and Alltran and I couldn't find a single thing.  Also, she is saying my claim is frivolous because I didn't disclose that these calls were from Alltran.  It's just very strange she is throwing Alltran's name out like that and defending they have nothing to do with them and everything.  And the fact that the calls started the day Unifund mailed to letter to verify my debt (I saved the envelope and attached to show the post mark date) and ended the day they received my Demand for Arbitration, and that when I called that number they said they collect on Unifund accounts.

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Ok, here is another theory. It's just driving me insane because I KNOW those calls were from Unifund, they said they collect on behalf of Unifund and the calls started and stopped in exactly that time frame of all this.  I am wondering if she is somehow just throwing out the Alltran thing to throw things off?? I can't imagine they do not make any calls to collect a debt. But the Unifund employee said they don't make outbound calls, and they have nothing to do with Alltran.  Nothing was mentioned of Unifund using a third party to make the calls, just that they have nothing to do with Alltran.  This is what I found on Unifunds website:

Use of Information
We will only release your contact information or financial information as permitted or required by law. We use your personally identifiable information to process and service your account. We may also provide your contact information and financial information to third party consumer reporting agencies. Your contact information and financial information may also be shared with our affiliates, vendors, or servicers for the purposes of servicing your account. We will provide your contact information and financial information to non-affiliated companies when your account is assigned or sold to such non-affiliated companies.

And on Unifunds website under "Available positions" it has a customer service opening and it the description says:

Adhering to company policies and procedures, answer inbound calls in a professional and approachable manner to resolve account level questions, investigate and resolve discrepancies, negotiate settlements or facilitate communication between Unifund and third-party service provider.

On top of the fact that no matter how much searching I do, I cannot associate the number that called me to Alltran.  So I have no clue how she did and she claims she searched on the Secretary of State site.  Which you can't search by phone number and all the documents she provided doesn't have thats phone number with Alltran.

Edit: The only thing I can think I might be able to do (not sure if this is a good idea or not) but ask for discovery time to subpoena all phone records made on this account from Unifund including any third party companies hired/associated with Unifund?? 

Edited again: Or would I need to send interrogatories or something to ask things like who makes the outgoing calls for Unifund and how those phone calls are logged and so forth and ask if those phone records are kept on Unifunds system so I know who to subpoena? Unifund or a third party.

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Sorry to continue to be a bother.  But the affidavit is notarized by an employee of Unifund.  Are they allowed to do that?  Seems like a conflict of interest having an employee of Unifund notarize an affidavit for an employee of Unifund to submit as a sworn testimony for the same company. 

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3 minutes ago, williams4 said:

Sorry to continue to be a bother.  But the affidavit is notarized by an employee of Unifund.  Are they allowed to do that?  Seems like a conflict of interest having an employee of Unifund notarize an affidavit for an employee of Unifund to submit as a sworn testimony for the same company. 

It’s not a conflict of interest.  Notaries have nothing to do with the content of an affidavit.  Their only duty is to confirm that the person who made the statements contained in the affidavit  and the person who signs it are one and the same.  

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38 minutes ago, BV80 said:

It’s not a conflict of interest.  Notaries have nothing to do with the content of an affidavit.  Their only duty is to confirm that the person who made the statements contained in the affidavit  and the person who signs it are one and the same.  

I see. That makes sense. On her LinkedIn account two of her her duties are support NCB’s compliance programs and procedures and adjusting time sheets for NCB emplyees. Which I looked up to see who NCB is and one of the things they do is a call center. So I am thinking maybe that’s who makes the outbound calls on unifunds accounts? 

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Call the number and ask what company they are with, if they don't identify when answering.  If they say Unifund, then in my reply brief I will state that all of the calls alleged in your TCPA claims were identified either by the caller, be the Caller ID, or by calling the number back as being from Unifund.  I would then state that the arbitrator himself only need to call the number in order to verify this fact.

I have had to use this tactic before when Equifax was claiming that there is no agreement to arbitrate by using their website. I gave the exact link and asked the arbitrator to go to the webpage and read the TOS for themselves to see the clear facts.

All of this extraneous information about Alltran is more designed confusion and extra garbage thrown on the ground to intentionally clutter up your claims.  Don't fall for it. Stick to the facts of your claims.

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3 hours ago, fisthardcheese said:
 

Call the number and ask what company they are with, if they don't identify when answering.  If they say Unifund, then in my reply brief I will state that all of the calls alleged in your TCPA claims were identified either by the caller, be the Caller ID, or by calling the number back as being from Unifund.  I would then state that the arbitrator himself only need to call the number in order to verify this fact.

 

Ugh.  I am so frustrated! Of course I called the number back and now they say they are Alltran.  It's frustrating because I KNOW it was Unifund because when I called the number back in January they said they were collecting on a Unifund account.  And the fact of when the calls started and stopped all lined up with the certified letters sent.   But the reverse phone number shows its a non-fixed Voip, and like I said previously, the Intellius shows this number associated with city/states all over.  Doesn't non-fixed VoIP mean the number can be used by one company then when they are done with it someone else can use it? And the person on the phone (from Unifund) said they don't make outbound calls, but clearly they do because I was calling back the number that called me, correlates with Unifunds affidavit that Unifund employees do not make outbound calls.   The only thing I can think is maybe it was an automated dialer that sends out the phone calls and call center picks up when the customer answers? Do I just tell the arbitrator what happened and leave it at that? (said they were unifund, what they said about not making outbound calls, the intellius report showing its a non-fixed VoIP and just see what he decides? Or do I need to try to dig more info out of Unifund by submitting interrogatories pretty much asking about 3rd party call centers/auto dialers and so on?  Honestly, I don't care if the arbitrator doesn't rule in my favor on the FDCPA and TCPA claim (even though I KNOW it was then, I am just to the point that I don't think there is anyway else to prove it) but of course she is throwing out the "frivolous" claim again and wanting me to pay their arbitration fees.  But is it frivolous if I showed the calls started and stopped in that time frame, the number calling said they were collecting for Unifund?

Edit: Which by the way, they told me the same thing today. This call center doesn't make outbound calls.

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@fisthardcheese This may out there.  But every time I read over her response, my blood boils.  Is there a way to get her entire response thrown out? She has details of a different account/case that has nothing to do with this.  And of course only telling her side of the story (how she filed Summary Judgment because there was no material issues left) and attaching everything from court. So even if I do get the stuff from the 22K case thrown out, the arbitrator still read it and it makes me look back.  And on top of that, she is responding to my brief (which references and evidence attached and referenced for the 3K account) with evidence from the 22K.  And the phone call thing, how do I know she is not defending the other account since that is the only account she is responding to? Does she mean they don't make outbound calls on an account that is pending in court??? The only time she actually refers to the 3K account is a footnote on the first page that says "1 Please note that the Respondent has two accounts owned by Unifund, CCR, LLC. In regards to Case Number 01-19-0003-3861, Claimant owes the Respondent an outstanding balance of $22,773.70 on account number XXX and the exhibits “D” “E” and “F” all refer to that account. The Claimant also owes the Respondent $3,509.93 on account number XXX. This arbitration is in regards to Case Number 01-19-0003-3861." That is the ONLY time she acknowledges the 3K account. 

Edit: Or should I email the case management staff to see if this is being sent to the arbitrator since she put a case number that isn't even opened still? Which obviously there is only one case between us before an arbitrator so obviously they could just send it, but it isn't on the AAA webfile yet and the subject line case#XXX and this is for case#XXX, which is a case number that was closed last year.

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In my response I would explain that the calls did originate from Unifund, that the callers stated they were calling from Unifund and that the return calls were answered by Unifund.  I would state that whether this other party, Alltran is the current owner of the number does not change the facts as laid out in your TCPA claims.  I would ask if there are further questions regarding the phone numbers in question that I would ask that Unifund provide all of their call logs to and from your cell phone number for all of the dates in question.

1 hour ago, williams4 said:

@fisthardcheese This may out there.  But every time I read over her response, my blood boils.  Is there a way to get her entire response thrown out? She has details of a different account/case that has nothing to do with this.  And of course only telling her side of the story (how she filed Summary Judgment because there was no material issues left) and attaching everything from court. So even if I do get the stuff from the 22K case thrown out, the arbitrator still read it and it makes me look back.  And on top of that, she is responding to my brief (which references and evidence attached and referenced for the 3K account) with evidence from the 22K.  And the phone call thing, how do I know she is not defending the other account since that is the only account she is responding to? Does she mean they don't make outbound calls on an account that is pending in court??? The only time she actually refers to the 3K account is a footnote on the first page that says "1 Please note that the Respondent has two accounts owned by Unifund, CCR, LLC. In regards to Case Number 01-19-0003-3861, Claimant owes the Respondent an outstanding balance of $22,773.70 on account number XXX and the exhibits “D” “E” and “F” all refer to that account. The Claimant also owes the Respondent $3,509.93 on account number XXX. This arbitration is in regards to Case Number 01-19-0003-3861." That is the ONLY time she acknowledges the 3K account. 

Edit: Or should I email the case management staff to see if this is being sent to the arbitrator since she put a case number that isn't even opened still? Which obviously there is only one case between us before an arbitrator so obviously they could just send it, but it isn't on the AAA webfile yet and the subject line case#XXX and this is for case#XXX, which is a case number that was closed last year.

Because you are using emotion now and getting frustrated, you are overthinking it.  Just respond to every point she made and tell the arbitrator it is irrelevant, that is has nothing to do with this present case before the arbitrator, and that it is designed to confuse and muddy the current claims brought against Unifund by the Claimant.  Ask for all irrelevant documents and arguments to be stricken and for your claims to be awarded in full.  If you want, you can even throw back the frivolous stuff because she is attempting to bring claims up in this case that are part of another arbitration case number.  THAT is much more frivolous than a TCPA claim that includes evidence plus your testimony that unifund called your cell phone.

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4 minutes ago, fisthardcheese said:

 

Because you are using emotion now and getting frustrated, you are overthinking it.  Just respond to every point she made and tell the arbitrator it is irrelevant, that is has nothing to do with this present case before the arbitrator, and that it is designed to confuse and muddy the current claims brought against Unifund by the Claimant.  Ask for all irrelevant documents and arguments to be stricken and for your claims to be awarded in full.  

This makes total sense. I can tell the more I try to figure out what she is trying to pull, the more frustrated I get. Great points and I need to stop overthinking and just do everything you said, as well as the sanctions with the courts. Thanks again for all your help!!

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@fisthardcheese So don’t know if I should have done this or not, but I did. But I emailed the lawyer and copied the case manager to ask if this response was for casexxx because the the subject line says case yyy and inside the reply said this is for case yyy. Her response was pretty much, I sent a letter to the judge with the email from the arbitration (which is the orders for case xxx) and she mailed it to me and I should be getting it soon and it will answer my question. Wtf?  I did reply to both case manager and lawyer something along the lines of I am confused by her response, could you please see if this was submitted to the arbitrator and filed into this case. (I still am not seeing on aaa webfile showing the case manager uploaded it) I probably should have just not asked to begin with and just replied as if it did get sent to the arbitrator and loading into the case. But should I object or something? Or just let it go? Her reply was due yesterday which she submitted saying it’s for a different account number and pretty when I asked she pretty much said, well you will have to wait and see. I don’t know when I will get this “said” letter and I know it won’t make sense since it has nothing to do with the account in court. And my reply is due July 1. So I just sit and wait to receive her letter for a simple question?? And she is putting a different case number and responding to my brief with EVERYTHING from the other account. 

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I don't know what else to tell you at this point.  I've explained how I would proceed at least 3 times.  You can proceed how you wish.

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2 hours ago, fisthardcheese said:

I don't know what else to tell you at this point.  I've explained how I would proceed at least 3 times.  You can proceed how you wish.

I sent that email yesterday when I was frustrated and before you pointed out I was using emotion. Then I was back on track and when I got that reply it triggered me to go right back to that angry/frustrated/overthinking stage again. Now I realize once again, emotion is throwing me off and getting me back off track with my overthinking. I will just ignore everything else and just continue to proceed how you said. I need to stop overthinking everything since it throws me off and just trust the process. Sorry again!

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If it was me, I don't think I'd be as worried about cashing in on the case in arbitration (not that you are thinking in those terms,) as I would be about getting case in court dismissed with prejudice due their failure to comply with a court order, by not arbitrating the 22K claim.

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3 minutes ago, Goody_Ouchless said:

If it was me, I don't think I'd be as worried about cashing in on the case in arbitration (not that you are thinking in those terms,) as I would be about getting case in court dismissed with prejudice due their failure to comply with a court order, by not arbitrating the 22K claim.

Absolutely! I am definitely more worried about 22k. Which in her email saying she sent the stuff to the court including “the email from the arbitrator” on xx date (which is the arbitrators first orders and says case xxx) and the order clearly shows the case number he is arbitrating so pretty much helps support the info the judge asked me to send. He had me send the letter I was talking about saying they closed the case and I also sent with that fax showing the receipt of the case Unifund was talking about at the phone hearing pointing out the date it was paid and how it was before the court order to pay on the 22k account. So her also sending the arbitrators order further backs up my story and not her story. But I am still going to proceed with filing sanctions with court and reply to her response with aaa. 

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32 minutes ago, Goody_Ouchless said:

When is next court event scheduled?

August 12 (another phone update conference)

Edit: Which he did mention there is a chance he may move that up sooner once he receives the stuff he asked us to fax in.  He asked me to fax the letter saying they closed the case and asked her to fax in the court order she is referring to. Which now I assume the court order she was referring to is the arbitrators orders. But I waiting to see what the letter says that she said she mailed the judge about the update of the case.

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Guys I know your are  getting sick of me.  BUT when I went back onto my Intelius report (phone number search of owners of that number) it now says Williams (that's my last name).  Which it didn't before.  And I noticed another name Dover so I went onto scholar to see if there were any cases involving Unifund vs Dover and sure enough there was! Defendant states he sent a letter to Unifund disputing full amount saying he does not know who unifund is and asked for documentation. Unifund didn't send anything.  He sent another letter to Unifund asking and again Unifund sent nothing then Unifund filed suit against him.   Should I also include this information in my response even though I know this doesn't prove Unifund was calling this Dover person.  But it's an awful big coincidence considering now the name on the report shows Williams. 

Edit: I was just excited I finally found another connection for that phone number to unifund. Even though I knew it was them. 

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18 minutes ago, Goody_Ouchless said:
 

Where did you see Dover name - as owner of phone number?

 

The phone number that called me (from unifund). It came from a local phone number. When I was getting my evidence together for my claim I was trying to figure out how I could prove it was unifunds number.  When I did a reverse phone number lookup white pages showed it was a nonfix Viop number. So I paid to run a search on all owners of that account.  This was back in April. It showed a bunch of samuals  from a bunch of different locations. And it showed one samual Dover, which I didn’t think anything of it at the time back when I pulled the report back in April but then when I Pulled the report up today I notice now it still shows all the samual people from all over, a samual dover and now it has a samual williams.  Which unifund was facing a fdcpa violation with someone with the last name Dover and now there is a samual williams, which they are facing fdcpa/tcpa violations.

edit: it was an intelius program you can pay to retrieve info from.

 

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Again, I would stop nitpicking over these lessor important details here.  I explained how I would respond to the phone issue.  The facts are unifund called you, they did not offer any evidence that you consented to calls to your cell phone, therefore, TCPA claims of $500 per call should be awarded in your favor.

I would then move on to the far more important issues in this case.

IMO you are getting close to coming off just as insane as their attorney by spending so much time arguing over side issues and losing the main point

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37 minutes ago, fisthardcheese said:

Again, I would stop nitpicking over these lessor important details here.  I explained how I would respond to the phone issue.  The facts are unifund called you, they did not offer any evidence that you consented to calls to your cell phone, therefore, TCPA claims of $500 per call should be awarded in your favor.

I guess I keep thinking she is just going to say the affidavit says they don’t make outgoing calls and then it’s just over. Which I guess is fine too since it’s the 22k that I am mainly worried about. My response on the arbitration case is due July 1 and my plan is to file the sanctions with the court and my response same day as you suggested. I was hoping to include whatever lies her letter to the court and to me said so I can include that in my sanctions with court too. But my guess is there’s a good chance I will never receive the letter she sent the court (she has a tendency to not send me stuff, even though she said she did send it to me) 

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On 6/17/2019 at 9:24 AM, fisthardcheese said:

All of this extraneous information about Alltran is more designed confusion and extra garbage thrown on the ground to intentionally clutter up your claims.  Don't fall for it. Stick to the facts of your claims.

Sometimes I need to just take a breath a go back and reread everything you said.  I feel confident after reading your response then my mind starts wondering and lose focus of the big picture by concentrating and obsessing on things that don't matter.   Sure enough I fell for the Alltran thing, even after you told me two days ago to not fall for it.  I am just going to do what you suggested and not let my mind wonder again.  Thanks again for your help! I feel like I need to send you money for continuing to put up with me!

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Edit: Decided to delete the long post to save readers time and sanity due to my overthinking.  Even though AAA is not administering the open case anymore, the arbitrators fees were fully paid in deposit so pretty sure I figured out that I don't need to send anything extra to the arbitrator to ask to decide the case since his orders were in before AAA stopped administering.  Sorry again guys!! (At least I am beginning to notice my insanity!! lol) But really, sorry again!

 

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