williams4

Being sued Unifund

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5 minutes ago, williams4 said:

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! 

As soon as you realized the $22k case was being heard, even though it had been closed, what action did you take?  You should have already sent that letter in as an attachment to an objection. 

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What, exactly, did the arbitrator say in the final ruling. That is key - there are only three possibilities: (1) he mistakenly thought 22K was owed on 3K CC number; (2) he ruled, of his own volition, on the 22K CC account, even though he previously indicated he was only ruling on 3K CC account; (3) he provided AAA-compliant justification for his ruling as part of the final award.

The next course of action is totally dependent on the above.

 

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I reviewed what was posted on July 15 regarding AAA ruling and see that arbiter's justification was that claimant didn't pay for 22K arbitration, but that perception was totally due to AAA not noticing the reference to the closed case from last year. I'd hammer on than as proof of clerical error - about as clear as it gets. Arbiter was not made aware (or missed) that the closed and court ordered AAA cases were the same and that the claimant DID pay once MTC was granted.

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The OP needs to make sure they don't muddy the waters with a lot of unnecessary details.  If this is a straight-forward clerical error, the error should be explained as simply as possible.  A copy of AAA's notice showing the 22K account was closed should be provided as an exhibit.

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I’ve thought long and hard. I think I will just file Bk. I was hoping to be able to at least try to settle on the credit cards I owe. But at this point, I am just so confused and tired. My head hurts. I do appreciate all your help though. The stress of this is just too much. 

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I've said all along this is not a AAA appeal.  They will just reject an appeal without looking at it, obviously.

If it were me, I would be on the phone to AAA demanding a supervisor take a look at my case file and call me back due to some serious clerical errors and flaws in the process.  I wouldn't even bother with emails anymore which will go ignored or not fully read. Ultimately, I am sure this will require a lawsuit against AAA or the very least a complaint to the attorney general's office.

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On 9/4/2018 at 9:05 PM, LaneBlane said:

I recently had a discussion with an attorney about filing a consumer case with AAA that doesn't involve finance/debt.  I told him I was under the impression an AAA arbitrator couldn't award the other party attorneys' fees and costs if I lost.  He quickly corrected me.

AAA's Consumer Arbitration Rules, R-44(a) say "The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney's fees and costs, in accordance with the law(s) that applies to the case."  In addition, pursuant to R-44(c) "The arbitrator may also allocate compensation, expenses and defined in sections (v) and (vii) of the Costs of Arbitration section, and administrative fees (which include Filing and Hearing Fees) to any party under the arbitrator's determination that the party's claim or counterclaim was filed for purposes of harassment or is patently frivolous."

As we've seen in other cases that have popped up on this board, OCs and JDBs have attempted to recoup fees based on their assertion that a consumer's claim was frivolous.

An arbitration agreement itself could specify whether or not an arbitrator has the authority to award fees and costs.

Link to AAA Consumer Arbitration Rules:  https://www.adr.org/sites/default/files/Consumer Rules.pdf

So with an appeal/redo, would you wait until you get the motion to dismiss first or send the letter with AAA closing the case? I "should" be getting my MTD sooner rather than later if I picked up on what the court was throwing at me early on.  I guess I really don't know if appeal or redo would be better in this situation, if I hear back from court sooner rather than later.

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@Harry Seaward I filed my motion for order for all pending motions in court this morning. I am not sure what my next step in aaa should be? I have until the 15th for an appeal. Is that what I want to ask for right now?

edit: @LaneBlane

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1 hour ago, williams4 said:

So with an appeal/redo, would you wait until you get the motion to dismiss first or send the letter with AAA closing the case? I "should" be getting my MTD sooner rather than later if I picked up on what the court was throwing at me early on.  I guess I really don't know if appeal or redo would be better in this situation, if I hear back from court sooner rather than later.

You really need to start paying attention.  Look at fisthardcheese's post from earlier this morning.

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5 minutes ago, LaneBlane said:

You really need to start paying attention.  Look at fisthardcheese's post from earlier this morning.

So do nothing at in aaa correct?

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1 minute ago, williams4 said:

So do nothing at in aaa correct?

Why don't you go back and read that post?

 

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12 hours ago, LaneBlane said:

The OP needs to make sure they don't muddy the waters with a lot of unnecessary details.  If this is a straight-forward clerical error, the error should be explained as simply as possible.  A copy of AAA's notice showing the 22K account was closed should be provided as an exhibit.

In court for my Opposition for MTD sanctions, I clearly laid out everything and ended with now we have a letter that clearly shows which case was which, she was lying and in the end part explaining now the arbitrator decided to make a decision in her favor of 22K even though he said he was only had authority for one and now I am trying to figure out how to clean up this mess she left in arbitration.  I don't know if my Motion for Order on all pending matters due to the severity of issues at hand means the court will look at it and make a decision on the MFS and MTD MFS?  Or if we all have to be gathered to have an in person hearing first.

Edit: I see now.

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28 minutes ago, LaneBlane said:

Why don't you go back and read that post?

 

So if this is simply a clerical error, then the arbitrator would have authority to take the 22K award off. Am I understanding this right?

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@LaneBlane. I have the letters opening and closing the the court compelled cases that matches up with the dates the motion to compel was granted. Do I need anymore specific things like objecting to not properly filing a motion to amend the cases or anything?  I am still so confused and distorted. So is everyone on here still trying to help me? Or some still trying to hurt me?

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So I am confused too. Was I not supposed to file that motion to hear mtd in court? I honestly don’t have a clue what is going on. I don’t know who I am supposed to be trusting as who not to trust. I am so lost. @LaneBlane

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8 hours ago, fisthardcheese said:

If it were me, I would be on the phone to AAA demanding a supervisor take a look at my case file and call me back due to some serious clerical errors and flaws in the process.  I wouldn't even bother with emails anymore which will go ignored or not fully read.

I don't think anyone can be any clearer in their efforts to help. You need to call AAA to get this resolved right now, not on the 12th, not tomorrow, not in an hour,

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40 minutes ago, williams4 said:

So I am confused too. Was I not supposed to file that motion to hear mtd in court? I honestly don’t have a clue what is going on. I don’t know who I am supposed to be trusting as who not to trust. I am so lost.

As I was told by a very wise person on these boards, you can't expect other people to do the work for you. 

 

8 hours ago, fisthardcheese said:

If it were me, I would be on the phone to AAA demanding a supervisor take a look at my case file and call me back due to some serious clerical errors and flaws in the process.  I wouldn't even bother with emails anymore which will go ignored or not fully read.

 

39 minutes ago, Goody_Ouchless said:

I don't think anyone can be any clearer in their efforts to help. You need to call AAA to get this resolved right now, not on the 12th, not tomorrow, not in an hour, 

I would call AAA today.  Write a SIMPLE outline of what has transpired so you'll have something in front of you while you're on the phone... just in case you find yourself at a loss for words.  Be professional and courteous.

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I just woke up and got all this is. However I missed my deadline for the court to withdrawal. I got it in at 4:31. Will this matter. I can see the motion is on court page and literally just submitted my motion to withdrawal

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Nothing matters, at this point. except calling AAA. If AAA finds a clerical error, you are still in the game. If they find no error, you will have a judgement. At that point you can try the 3 Panel appeal, as offered in CC agreement or declare bankruptcy. 

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@LaneBlane I am confused as heck. Can you give me an explanation so I can show my husband. He is not convinced this is a conspiracy against me and I am tired and my head hurts and I just can’t figure out what to do. 

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3 hours ago, williams4 said:

I just woke up and got all this is. However I missed my deadline for the court to withdrawal. I got it in at 4:31. Will this matter. I can see the motion is on court page and literally just submitted my motion to withdrawal

 

Unless you took the time to call AAA this afternoon, you're still asleep!

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2 hours ago, williams4 said:

I am confused as heck. Can you give me an explanation so I can show my husband. He is not convinced this is a conspiracy against me and I am tired and my head hurts and I just can’t figure out what to do.  

You are making absolutely no sense!  A conspiracy against you?  By whom?

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29 minutes ago, LaneBlane said:

 

Unless you took the time to call AAA this afternoon, you're still asleep!

I did.  Which makes him think my conspiracy theory is true and he is taking my phone and making me go to bed.  This is the severity of it.  I don't know what to do.

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32 minutes ago, williams4 said:

I did.  Which makes him think my conspiracy theory is true and he is taking my phone and making me go to bed.  This is the severity of it.  I don't know what to do.

I honestly don't believe you're capable of handling any of this on your own.  That said, the only advise I can offer is for you to consult an attorney help you with some damage control or discuss moving forward with bankruptcy.

I wish you well.

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13 minutes ago, LaneBlane said:

 

Who is taking your phone and making you go to bed?  You're making no sense whatsoever!

I honestly don't believe you're capable of handling any of this on your own.  That said, the only advise I can offer is for you to consult an attorney to do some damage control or discuss moving forward with bankruptcy.

I wish you well.

Many of us have been posting on here for years long before @williams4 ever came here.  All she has to do is read through the site to see how many posters we’ve helped including in lawsuits in which JDBs dropped the lawsuits because the posters filed a MTC arbitration.

On the very first page, she was told that Unifund might agree to arbitrate because of the amount of the debt.  

We offered information based upon the information she gave us.  Somehow, she believes people here wanted to hurt her despite the fact that we’ve helped so many posters.  I don’t get it, either.  

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