williams4

Being sued Unifund

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20 minutes ago, Goody_Ouchless said:

 

EDIT: Did you ever mention, or introduce anything (like Motion for Sanctions) from court case into AAA3K?

Nothing at all.  At the initial conference hearing I objected everything because it was in reference to a different account in a different AAA case and I object to combining two cases into one because it leads to the commingling of evidence (which is kind of funny now) This is why he said he is making a decision on only this account for this arbitration case. 

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1 hour ago, Goody_Ouchless said:

But as far as she was concerned there was only one AAA case and she seems to have approached it as all encompassing and the arbiter agreed.

The court knew there was only one case open. I never mentioned anything in my brief about the other one closing. I am assuming her surreply said something about the other case being closed because she was waiting to pay. And how “I” was trying to use a court order to argue another account in a that’s not allowed

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@fisthardcheese I have combed through the AAA rules. Since this is a huge mess, I can't figure out if the arbitrators' hands are really tied and won't be able to correct or what.  I was simply asking to correct the 22K award in favor of Unifund since the arbitrator didn't have authority to make an award on that account.  AAA rules DO say both parties must agree to an appeal.  I can see in the AAA webfile that the evidence I attached as proof the arbitrator did not have authority to make a ruling in favor of Unifund for the $22K is now in the hands of the arbitrator and filed as Motion to correct.  Obviously, I won't know anything until we here back from the arbitrator.  I don't know if he will simply vacate the $22K award or if he has authority to change his entire award.  He awarded me $500 for half of my FDCPA violation for continuing to collect on a disputed debt by continuing to send letters.  But he said since this doesn't seem like a common practice of Unifund because 22K never shows I disputed a debt.  The phone call thing (for the FDCPA and TCPA violations) was ruled not in my favor. He said he is more convinced by Unifund's employee's sworn testimony (said call center does not make outbound calls, has never been associated with Alltran)  and the attachment showing Alltrans document from Secretary of State website.   **** My sworn testimony in original brief these calls were from Unifund, screenshots from my phone showing these calls lined up exactly with them starting the same day as the post mark date on the envelope they sent when they "verified" my debt and stopped the same day my certified letter was date stamped they received my Demand for Arbitration.  Then in my reply to her response included my sworn testimony was doesn't matter who owns the phone number right now, at the time of these calls these were made in connection to collect for Unifund.  When I called this number back I said I received a phone call from this number so I was calling back to see to see who this was, person said we do not make outbound calls, I said well how do I have a call from this number and she explained they have lots of different phone numbers that make the outbound calls and they all go back to this call center when you call them back and then how they she said they collect on behalf of Unifund.  I then said if there were anymore questions about the phone calls, I ask Unifund to provide phone logs of any outgoing/incoming calls in question, including any 3rd party, automated dialing system and so on.  So now I am realizing MY award would be higher than $500 he knew he did not have authority to rule on account. 

So now that I realize this is in fact an appeal I should be asking for and she is not agreeing as AAA rules say both parties must agree.  I will have to wait to see what the arbitrator can do about it since he can't change the merits of any award.  BUT I still hold the trump card because even though AAA rules say both parties must agree to an appeal, the cardholder agreement (which obviously citi placed to help them out in arbitration) states any award by an arbitrator is final unless a party appeals in in writing to AAA within 30 day.  The arbitration appeal shall be determined by a panel of 3 arbitrators.  So I guess I will see what the arbitrator fixes then file an appeal and attach my cardholder agreement and she will be forced to pay for a 3 arbitrator panel.  ($2500 for each arbitrator, $1775 case management fee)  So then she will be forced to pay another $9275 for an appeal.  Then I can offer her a settlement asking for $X to drop my appeal? 

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@fisthardcheese

Deleted my big long post and adding where I think I am at in the case.  I clearly have the stuff in court showing court case going into arbitration and AAA closing.  Now I also have $22K award against me which you had mentioned before about taking to federal court to recover personal damages.  The rules about the arbitrator correcting clerical, typographical and mathematical error says I would file a motion to amend, she has time to respond then it gets sent to the arbitrator.  So should I just file a motion to amend, asking her if she is willing to have the arbitrator reverse the $22K award from in favor of Respondent to in favor of Claimant to save time and the extra costs she would incur if I have to get a lawyer and file suit in federal court to recover these personal damages?

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Ok, I am pretty sure I have it all figured out now. Thanks everyone for your help!! I can't thank you enough. I would have been so lost had it not been for this site! I feel like I was on the Truman show. This was so bizarre. 

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Seems like you are continuing to dig yourself into a hole making this way more confusing and unnecessary.  I don't know why you would include Unifund on an email to AAA where you are telling AAA they made fatal errors in the case.

But I don't know anymore.  Everything has been done so wildly different than I would ever do.

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5 hours ago, fisthardcheese said:

Seems like you are continuing to dig yourself into a hole making this way more confusing and unnecessary.  I don't know why you would include Unifund on an email to AAA where you are telling AAA they made fatal errors in the case.

If there's one thing I've learned from this board, it's the fact that every move you make needs to be well thought out.

The OP never seemed capable of simply describing the issues at hand without being all over the board.  As @fisthardcheese pointed out, so much was confusing and unnecessary. The OP was also so preoccupied with the actions of the attorney and the arbitrator, they didn't notice the wheels coming off the train in time to stop it before it flew off the rails.

The fatal flaw in this mess appears to be the preemptive filing of an arbitration case involving AAA3K. This is the "squirrel" that kept distracting the OP.  They were more focused on what other people were doing, they allowed everything to get away from them.

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And let's not lose site of the only thing that really matters - the plaintiff in this case was ready, willing and able to follow to arbitration. An arbitrator, in a minimal amount of time, found the plaintiff's 22K claim to be valid. So even if OP is the only person in this entire matter that spotted a mix up in case numbers, the absolute best case scenario is that everyone pays for another round of arb and OP ends up with same judgement for 22K. All that any of this has accomplished is to make plaintiff probably much more inclined to head straight to garnishment, rather than offer a payment plan.

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2 hours ago, LaneBlane said:

The OP never seemed capable of simply describing the issues at hand without being all over the board. 

I can understand the frustration, when something is so obviously wrong, yet no one else seems to notice. One thing I find odd is that OP emphasizes that arbitrator ruled on both AAA Cases, even though one was closed - rather than ruling on two CC accounts under a single AAA Case. Question is if AAA can consider a closed, yet related, case (same parties, same type of dispute) - for example, there was time left on the clock, all of the evidence was before the arbitrator and it was a simple finding. I can see that, in this case in particular, because it must have been obvious to all that the respondent mistakenly paid the wrong bill. Clearly it was always the intent of the respondent to arbitrate the 22K court case.

Chalk it up to arbitration being a more informal forum, for example.

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3 hours ago, Goody_Ouchless said:

I can understand the frustration, when something is so obviously wrong, yet no one else seems to notice. One thing I find odd is that OP emphasizes that arbitrator ruled on both AAA Cases, even though one was closed - rather than ruling on two CC accounts under a single AAA Case.

The question I'm left with was whether or not the OP filed a timely objection (or motion) that made a clear and compelling argument that the two cases were wrongly being co-mingled.  This would include citing specific text that made the problem evident.

If the OP failed to take steps to represent themselves adequately, it leads me to wonder if they're asking for an appeal or a do-over.

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7 hours ago, LaneBlane said:

The question I'm left with was whether or not the OP filed a timely objection (or motion) that made a clear and compelling argument that the two cases were wrongly being co-mingled.  This would include citing specific text that made the problem evident.

If the OP failed to take steps to represent themselves adequately, it leads me to wonder if they're asking for an appeal or a do-over.

Yes, but no hearing was requested.  The arbitrator essentially skipped over it because it was not made the sole subject of an entire phone conference at the very least.

 

13 hours ago, Goody_Ouchless said:

the plaintiff in this case was ready, willing and able to follow to arbitration.

I don't know that we can say that with any certainty.  They were willing to START arbitration by paying the initial $3500, and since they were not forced to an in person hearing or to deal with any other phone hearings, they got through the entire thing on the initial fees.  Had this been ONLY about the 22K to start, and the other sideshow was not involved, then this would have been slowed down and given the amount, I am sure an in-person hearing would have been warranted.

13 hours ago, Goody_Ouchless said:

An arbitrator, in a minimal amount of time, found the plaintiff's 22K claim to be valid.

But also keep in mind, this was without a single opposition from the OP.  Therefore, it would take any judge, arbitrator or mediator only seconds to find in favor of the Plaintiff on ANY case that is before them unopposed.

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2 hours ago, fisthardcheese said:

I don't know that we can say that with any certainty. 

I wonder if this doesn't apply to more here than just this. 

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Per OP, plaintiff responded to motion for sanctions by claiming that OP was the one that had the cases mixed up. That's when there should have been a hearing in AAA - when there was documented evidence of each side's position on this matter. At that point I could agree with Fist that, if this was a scare tactic on the part of Unifund, and lawyer had to go to her boss and explain that they accidentally spent 3K on the wrong case, that someone may have decided to pull the plug and go back to the old policy of walking away from arbitration. Now, they know they have a winning case, so another 3K is still a big win.

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18 hours ago, Goody_Ouchless said:

I can understand the frustration, when something is so obviously wrong, yet no one else seems to notice. One thing I find odd is that OP emphasizes that arbitrator ruled on both AAA Cases, even though one was closed - rather than ruling on two CC accounts under a single AAA Case. Question is if AAA can consider a closed, yet related, case (same parties, same type of dispute) - for example, there was time left on the clock, all of the evidence was before the arbitrator and it was a simple finding. I can see that, in this case in particular, because it must have been obvious to all that the respondent mistakenly paid the wrong bill. Clearly it was always the intent of the respondent to arbitrate the 22K court case.

Chalk it up to arbitration being a more informal forum, for example.

But the thing is, the lawyer KNEW what she was doing! She did this on purpose from the beginning!

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3 hours ago, Goody_Ouchless said:

Per OP, plaintiff responded to motion for sanctions by claiming that OP was the one that had the cases mixed up. That's when there should have been a hearing in AAA - when there was documented evidence of each side's position on this matter. At that point I could agree with Fist that, if this was a scare tactic on the part of Unifund, and lawyer had to go to her boss and explain that they accidentally spent 3K on the wrong case, that someone may have decided to pull the plug and go back to the old policy of walking away from arbitration. Now, they know they have a winning case, so another 3K is still a big win.

Yes, this is when the court set the hearing.  Friday was when my opposition was due.  Which I got it in, barely.  But one look at this VERY strong opposition, there is no way in heck this lawyer can argue their way out of it.  Is there anything I can do before the August 12? So pretty much we get there, she has $22K award with a description from the arbitrator that will make it VERY clear she was confusing him.  And I will have VERY clear evidence that she did this INTENTIONALLY since she PURPOSELY didn't serve me the "so called counterclaim" and continued to confuse everyone.  So now I am stuck with having to higher a lawyer to get these "personal damages" back? Ugh. I am just so confused on what I should do. 

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15 hours ago, LaneBlane said:

The question I'm left with was whether or not the OP filed a timely objection (or motion) that made a clear and compelling argument that the two cases were wrongly being co-mingled.  This would include citing specific text that made the problem evident.

If the OP failed to take steps to represent themselves adequately, it leads me to wonder if they're asking for an appeal or a do-over.

I did file a timely objection.  Since she didn't send me her "counterclaim" and case manager finally had to step in and send them because she wouldn't, they gave me 14 days to object. Which I did. But of course she continued to play dumb. Which added even more confusion.  Ugh.  She made such a mess of this.  I don't even know what to do. 

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7 hours ago, fisthardcheese said:

But also keep in mind, this was without a single opposition from the OP.  Therefore, it would take any judge, arbitrator or mediator only seconds to find in favor of the Plaintiff on ANY case that is before them unopposed.

I wonder what the judge will do at my hearing.  It's a hearing for her MTD my Sanctions.  Which I opposed.  Now we are left with my sanctions.  But now she has an arbitrators award for that amount. Gosh she made a mess!

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I guess the only thing to do now is just wait for the arbitrator and see what he can do. I will keep you guys updated!

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@fisthardcheese What do you think I should do? I haven’t heard back yet about if the arbitrator can do anything. I looking through the aaa rules, I don’t think the arbitrator can do anything. Think I should just file an appeal and attach my credit card agreement? And how in detail does this appeal have to be?

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On 7/21/2019 at 10:38 AM, fisthardcheese said:

I don't know why you would include Unifund on an email to AAA where you are telling AAA they made fatal errors in the case.

 

I think this is where I messed up. Since she was attached too, and then she responded she refuses an appeal, what should I do now? I don’t even know if the arbitrator will ever even see this. Should I just submit an appeal or wait to hear something?

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17 hours ago, LaneBlane said:

The question I'm left with was whether or not the OP filed a timely objection (or motion) that made a clear and compelling argument that the two cases were wrongly being co-mingled.  This would include citing specific text that made the problem evident.

If the OP failed to take steps to represent themselves adequately, it leads me to wonder if they're asking for an appeal or a do-over.

I am not sure how exactly how the appeal process works in arbitration.  Do I need to like type something up? I am so confused.  This could by why I haven't heard anything back on my clerical, and everything error.  I don't know.  I sent another email to the case manager since Unifund didn't reply to my answer about a surreply.  Which why would she? Anyway, I just said:

 

I assumed this was just a clerical error, but now after her not answering if she filed a surreply, I am pretty certain she may have.  AAA rules say both parties must agree to an appeal.  The other party is clearly not agreeing to it.  Our credit card agreement states "any award by an arbitrator is final unless a party appeals in writing to the AAA within 30 days of award. The arbitration appeal shall be determined by a panel of 3 arbitrators"

The evidence I provided clearly shows that case#01-19-0000-7411 was the court ordered case and she intentionally did not pay this because she thought she could add it to case#01-19-0000-1521 to make my case appear frivolous.  I would like to file a motion to appeal.
 
I just don't really know how "formal" all this is supposed to be since this entire case has been so informal and messy. 

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8 minutes ago, williams4 said:

I just don't really know how "formal" all this is supposed to be since this entire case has been so informal and messy. 

While you're in arbitration you should conduct yourself professionally and follow AAA's Consumer Rules.  This is where you'll find many of the answers you'll need:  https://www.adr.org/sites/default/files/Consumer Rules.pdf

 

Wouldn't the terms of a consumer's arbitration agreement take prescience as far as whether they can appeal?  I didn't see anything in the consumer rules regarding appeals.

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Am I correct in saying the $22k account was closed for non-payment before the arbitrator's ruling?   If so, do you have a copy of a letter from AAA that states this?

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3 minutes ago, LaneBlane said:

Am I correct in saying the $22k account was closed for non-payment before the arbitrator's ruling?   If so, do you have a copy of a letter from AAA that states this?

Yes, I am assuming I need to send that to the case manager as well.  I will get that together and send it.  Probably with a clearer more precise Motion for Appeal obviously.  Thanks!

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