williams4

Being sued Unifund

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5 hours ago, fisthardcheese said:

We have seen a few times where a JDB attorney pays the filing fees because they are unaware that there will be another set of bills to come shortly after.  This is likely one of those cases.

Don't sweat it.  First off, in arbitration you are not required to respond to any claims since a no response is the same as a denial.  Second, this is only a conference call to set up discovery and hearing dates, and the arbitrator may ask both sides to send a statement of claims, especially if you filed something generic like "FDCPA violations".  This is the time where you will have to submit a real claim or withdraw your generic claim if you don't have anything solid to present.  When and if the other side speaks about their claims, you can tell the arbitrator that you have not received any such claims and wish to preserve your right to timely object to anything that may be in their claims once you actually see a copy of them.  The arbitrator will order them to provide a copy.  The only other thing to prepare for this call is to have some dates in mind for the final hearing.  I would look at about 3 months from now and find the best 2 or 3 days you can tell the arbitrator which work for you.

Thanks for the insight on what to expect! For this particular FDCPA claim, I think I will need to withdrawal my claim. I don't feel like I have enough evidence to prove the claim.  They sent a collection letter and I sent back a debt validation letter along with a cease and desist letter stating no more phone calls and only letters.  They sent debt validation letter on January 11 (post mark date) and the calls started that same day and  they ended the day they received my AAA filing papers for FDCPA violation (I sent certified mail so I can see what date they received it).  I have screen shots of my phone call log, but when I went to print my actual phone log from At&t it doesn't show the phone calls being received, I am guessing because I didn't answer and they didn't leave a voicemail.  It only shows the call from me calling them to verify it was Unifund calling me.  And to make matters worse, that number is now disconnected. And I didn't record the phone call to them.  So I don't think I have enough evidence.  Not sure if I should present the evidence I have or just withdrawal that claim.

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9 hours ago, williams4 said:

Thanks for the insight on what to expect! For this particular FDCPA claim, I think I will need to withdrawal my claim. I don't feel like I have enough evidence to prove the claim.  They sent a collection letter and I sent back a debt validation letter along with a cease and desist letter stating no more phone calls and only letters.  They sent debt validation letter on January 11 (post mark date) and the calls started that same day and  they ended the day they received my AAA filing papers for FDCPA violation (I sent certified mail so I can see what date they received it).  I have screen shots of my phone call log, but when I went to print my actual phone log from At&t it doesn't show the phone calls being received, I am guessing because I didn't answer and they didn't leave a voicemail.  It only shows the call from me calling them to verify it was Unifund calling me.  And to make matters worse, that number is now disconnected. And I didn't record the phone call to them.  So I don't think I have enough evidence.  Not sure if I should present the evidence I have or just withdrawal that claim.

If this were me, I would keep the FDCPA violation and add a TCPA violation for $500 PER CALL that you can prove by your phone's call log.  That is enough initial evidence.  In your discovery requests, I would ask them to send you all documents relating to call logs placed to your phone, attempted calls, and any messages left or attempted to be left on your phone. 

On this initial phone conference, I would ask the arbitrator for permission to amend your claims to add new TCPA claims. I would ask him for 15 days to submit your new claims.  I would also tell him you may be looking to get a subpoena for your AT&T records during discovery. (Non answered calls won't show up on your bills, but ATT can get records of them with a subpoena) This will put the attorney on notice that you are serious and intend to pursue claims against them.

After this initial call, I would wait about 3 - 5 days and then send the attorney an email stating that you are willing to settle for a mutual dismissal with prejudice for all claims in arbitration and the court.

That's how I would proceed with this, anyway.

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12 hours ago, fisthardcheese said:

After this initial call, I would wait about 3 - 5 days and then send the attorney an email stating that you are willing to settle for a mutual dismissal with prejudice for all claims in arbitration and the court.

 

What happens if Unifund simply stops participating in arbitration versus settling?  This particular one is confusing because as of right now, this is only the $3K one that has not been in court and doesn't have any claims filed yet in arbitration other than the FDCPA claim I filed. Although I know there are some type exhibits that Unifund sent to AAA, just don't know what they are.  But in general, I am trying to figure out what would happen if Unifund just stopped paying and simply didn't participate? I have been researching online but can't seem to find the answer.

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12 hours ago, williams4 said:

I am trying to figure out what would happen if Unifund just stopped paying and simply didn't participate?

Technically it would be breach of contract, but most jurisdictions have ruled that party A cannot allege a breach of contract against party B when party A was the first to breach the contract. 

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11 hours ago, Harry Seaward said:

Technically it would be breach of contract, but most jurisdictions have ruled that party A cannot allege a breach of contract against party B when party A was the first to breach the contract. 

The feeling I get from this attorney is that she will not agree to settle. In court she missed my mtc hearing so the judge rescheduled and then she filed a summary judgment saying there were no genuine issues, even though I still had a mtc pending. Then when we finally had the hearing, she argued to get the judge to deny it because “it’s been so long”, even though it was her fault it had been so long because she failed to appear to the first hearing.  It just seems like she is used to filing lawsuits and nobody fights back. I can’t even get her to respond about the exhibits so I can’t imagine she will simply settle with a mutual dismissal. I could be wrong though. 

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On 4/6/2019 at 5:59 AM, williams4 said:

Although I know there are some type exhibits that Unifund sent to AAA, just don't know what they are.

They will have to provide them to you in discovery any way, which hasn't happened yet.  I would look up the AAA rules and find the one about ex-parte comminications.  I forget the Rule number.  I would right now send an email to everyone involved, including the arbitrator and the case manager, and I would cite the rule and state that you object to the Respondent's ex-parte communication on XX date, of which you were not copied on.  I would state that you would like a copy of the communication and the documents provided to AAA without your involvement.  Sending a written objection when they violate the rules is a MUST.  If they do not respond by the phone hearing, I would mention your objection to the arbitrator and ask for any documents to date that you were not included on.  This is the entire point of arbitration.  Become a thorn in their side when they don't act exactly by the rules.  Drag in the arbitrator and case manager and object IN WRITTING (just an email will do).  Ask for a phone hearing every time they do not comply or respond to something.

On 4/6/2019 at 5:59 AM, williams4 said:

What happens if Unifund simply stops participating in arbitration versus settling? 

Then you either wait to see if they foolishly try to sue you later, or until the SOL runs out, or you have the choice to file a PTC in Federal Court to force them to participate under a court order (which usually will force a settlement).

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On 4/7/2019 at 6:45 AM, fisthardcheese said:

Drag in the arbitrator and case manager and object IN WRITTING (just an email will do).  

I have been looking if there is a certain format I need to follow when asserting a claim, objecting etc. and I can’t seem to find the answer. Do you just mimic a “court version”  or are all these less formal and just a simple email stating what you are wanting/complaint?

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21 minutes ago, williams4 said:

I have been looking if there is a certain format I need to follow when asserting a claim, objecting etc. and I can’t seem to find the answer. Do you just mimic a “court version”  or are all these less formal and just a simple email stating what you are wanting/complaint?

Arbitration is very informal.  Many people just type up an email with these things.  I, personally, format them in the Federal Court format just as a way to dab on the opposing attorney :)  Timing is the most important aspect, however.  If you don't have time to do a formal format, just put it in the body of an email.

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52 minutes ago, fisthardcheese said:

Arbitration is very informal.  Many people just type up an email with these things.  I, personally, format them in the Federal Court format just as a way to dab on the opposing attorney :)  Timing is the most important aspect, however.  If you don't have time to do a formal format, just put it in the body of an email.

I appreciate it! AAA just sent me the exhibits and of course they included the exhibits from the $22k one (that is a seperate case as of right now) and stuff on the $3k one. So I plan on objecting to all the exhibits that have anything to do with the $22k one that they still haven’t paid. 

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52 minutes ago, fisthardcheese said:

Arbitration is very informal.  Many people just type up an email with these things.  I, personally, format them in the Federal Court format just as a way to dab on the opposing attorney :)  Timing is the most important aspect, however.  If you don't have time to do a formal format, just put it in the body of an email.

I appreciate it! AAA just sent me the exhibits and of course they included the exhibits from the $22k one (that is a seperate case as of right now) and stuff on the $3k one. So I plan on objecting to all the exhibits that have anything to do with the $22k one that they still haven’t paid. 

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1 hour ago, fisthardcheese said:

Arbitration is very informal.  Many people just type up an email with these things.  I, personally, format them in the Federal Court format just as a way to dab on the opposing attorney :)  Timing is the most important aspect, however.  If you don't have time to do a formal format, just put it in the body of an email.

I just read through her "answer" that I finally received today.  This is going to be a headache to reply to.  She is mixing the 3K claim with the 22K claim (as if they were the same claim) and it is making it very confusing.  So the "debt validation" letter I sent on the 3K is in there and she is stating that this was sent one year after their original letter was sent (for the 22K one).  But the debt validation letter was in response to the letter on the 3K one that they mailed on Dec 10, 2018 and I sent my letter early January 2019.    And in the end is asking they be awarded the 22K (so she doesn't even include the 3K in the total) Oh and she is asking I pay the arbitration fees since the credit card statement says "they will pay customers arbitration fees up to $75000 unless it is to collect a debt" But doesn't this only refer to the filing fee? Under Consumer Arbitration Rules, they have the customer fees and business fees.  And all those fees are listed under "business" fees, so those are not my fees, right?

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To clarify (I apologize for not making it clear in the previous post) she is saying since my claim is to “collect a debt” she does not want to pay my filing fee (although fdcpa violation isn’t collecting a debt) and she wants me to pay all her arbitration fees because it was a frivolous claim (even though we haven’t even had the initial conference hearing nor have I submitted my actual claim, she is just going off the box on the arbitration initiation form that says “briefly describe your claim”)

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2 hours ago, williams4 said:

I just read through her "answer" that I finally received today.  This is going to be a headache to reply to.  She is mixing the 3K claim with the 22K claim (as if they were the same claim) and it is making it very confusing.  So the "debt validation" letter I sent on the 3K is in there and she is stating that this was sent one year after their original letter was sent (for the 22K one).  But the debt validation letter was in response to the letter on the 3K one that they mailed on Dec 10, 2018 and I sent my letter early January 2019.    And in the end is asking they be awarded the 22K (so she doesn't even include the 3K in the total) Oh and she is asking I pay the arbitration fees since the credit card statement says "they will pay customers arbitration fees up to $75000 unless it is to collect a debt" But doesn't this only refer to the filing fee? Under Consumer Arbitration Rules, they have the customer fees and business fees.  And all those fees are listed under "business" fees, so those are not my fees, right?

Did she file an actual counter claim?

I would file an objection citing the consumer rules stating that the consumer is only responsible for $200, and that their own contract states that they will pay this $200 filing fee.  I would point out that your claims have nothing to do with debt collection but assert that Unifund violated Federal consumer laws, and ask that Unifund be held to their own contract of adhesion.

 

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45 minutes ago, fisthardcheese said:

Did she file an actual counter claim?

 

It's labeled an "answer" but it looks more like a Motion for Summary Judgement type thing.  Would it be ok to post it on here? I don't expect you to read it (as it is like 4 pages), but didn't know if you were interested in seeing it?

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Oh and I asked AAA since I am just seeing these exhibits today do I still have time to respond/object and they said yes.  I will have 14 days from today to do so. 

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9 hours ago, williams4 said:

Oh and she is asking I pay the arbitration fees

So they haven't paid yet? 

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1 minute ago, Harry Seaward said:

So they haven't paid yet? 

They have paid the 3k one, not the court ordered 22k one. But the answers has all the documents from the court 22k one, plus the documents for the 3k one but she has them intermingled as if they were all the 22k one. It’s really confusing. She has my debt validation letter (for the 3k one) and said I asked for debt validation a year after they sent the first letter (22k one) but then even sends what they sent me which are statements from the 3k one but then goes on to say I already had all these from court??

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Here is her answer for anyone that is interested.  Fair warning, it's confusing.  The red print is stuff I added that explains which account she is referring to and what account the exhibits she sent is referring to.  She interchanges the two different accounts as if they were one, also in the end she only includes the 22K one and doesn't even include the amount of the 3K one in it.  So even though she sent exhibits with two different accounts, I don't think she actually realizes that there are two different accounts.  If that makes sense?

 

Your Honor,

 

 

Please consider this legal memorandum and attached evidence in response to the Claimant’s claim against the Respondent.

RESPONDENT COMPLIED WITH THE FDCPA WHEN HANDLING THE CLAIMANT’S DEBT INCLUDING PROVIDING VERIFICATION OF OWNERSHIP OF

THE ACCOUNT.

The Claimant alleges that Unifund CCR (LLC) (Respondent) failed to provide her with proof that the Respondent owns the account in question in her demand for arbitration and consumer rules dated January 15, 2019. See Demand for Arbitration and Consumer Rules, dated January 15, 2019, attached hereto as Exhibit “A.” However, the Claimant’s allegation is inconsistent with the evidence. (exhibit A is the demand for arbitration for the 3K account which is the one she paid and is NOT the 22K court ordered case)

On or about March 4, 2008, the Claimant opened an account (the “Account”), which was issued by the original creditor Citibank, NA (Citibank). On January 9, 2017, Citibank, charged off the Account, and the Account was subsequently assigned to the Respondent with an outstanding past due balance of $22,773.70. See Complaint, attached hereto as Exhibit “B.” The assignment of the Account is valid according to the original Cardholder Agreement with Citibank, which states “we may assign any or all of our rights and obligations under the Agreement to a third party.” See Cardholder Agreement, attached hereto as Exhibit “C.” (exhibit B & C are both from the 22K account)

After acquiring the debt and in compliance with the Fair Debt Collection Practices Act (FDCPA) §809(a), on January 28, 2017, the Respondent mailed the Claimant written notice (Notice) that contained: (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. See Notice Under the Fair Debt Collection Practices Act, dated December 28, 2017, attached hereto as Exhibit “D.” (this is a letter from 2017 for the 22K account) After the Claimant failed to respond, the Respondent mailed similar follow-up notices to the Claimant on January 16, 2018 and January 29, 2018. Also See Letter to Claimant dated January 16, 2018 attached hereto as Exhibit “E” and Letter to Claimant dated January 29, 2018 attached hereto as Exhibit “F.” (Exhibit E & F are also letters for the 22K account) All of these notices contained the name of the original account holder, as well as the name of who acquired the debt. The original Notice also advised the Claimant that she had the right to request verification of that debt, a request that was made over a year after the first Notice was sent.  (once again, she is referring to 22K account. But the debt validation letter I sent was in response to the 3k account, which the first communication was in dec 2018 and I sent my letter to them asking for validation in early Jan 2019 and the info they sent was for the 3k account.  She refers to the exhibit as if it was the 22k account, although the statements and info are for the 3k account ) After the Claimant failed to contact the Respondent regarding the outstanding debt, the Respondent filed a Complaint on August 15, 2018, which included the chain of title that explained how the Respondent acquired the debt along with years of credit card statements that contained the Claimant’s name, address, and purchases. See Exhibit B. On November 30, 2018, the Respondent filed a Motion for Summary Judgment which included a sworn affidavit by Christina Robinette, an employee of Citibank, whose responsibilities include “reviewing and ·  obtaining account information in Citibank’s records as it relates to credit card accounts owned or previously owned by Citibank.” See Motion for Summary Judgment attached hereto as Exhibit “G.” (22K account) In her sworn affidavit, Ms. Robinette explains in great detail how the Claimant’s account was assigned to the Respondent. Despite receiving and reviewing these documents, the Claimant requested validation of the debt from the Respondent on January 4, 2019, and on January 11, 2019, the Respondent mailed the Claimant verification of the debt along with credit card statements dating from March 2016 through January 2017 (these are statements for the 3K account). See Request Claimant’s Request for Verification of Debt, attached hereto as Exhibit “H” and Verification of Debt Letter attached hereto as Exhibit “I.” (Exhibit H & I are from the 3K account)

Based on the information listed above, the Claimant received various documents through direct written communication and various court filings from the Respondent that explained how the Account was assigned from Citibank to the Respondent from December 2017 through January 11, 2019. The Claimant had over a year’s worth of information related to the assigned Account prior to filing a claim against the Respondent with the AAA in which she erroneously alleged that the Respondent violated the FDCPA by refusing to provide proof of ownership of the Account. Furthermore, the Claimant filed several responses to the Respondent’s motions with the Court including: an Answer to the Complaint, an Opposition to Summary Judgment, and a Motion to Compel Arbitration. See Claimant’s Answer to the Complaint, attached hereto as Exhibit “J,” the Opposition to Summary Judgment, attached hereto as Exhibit “K,”, and Motion to Compel Arbitration, attached hereto as Exhibit “L.” A review of these documents will show that the Claimant has failed to produce any documentation to support her claim that the Respondent violated the FDCPA. Because this claim is overwhelmingly refuted by the evidence, the Respondent requests that judgment be made in favor of the Respondent and the Respondent be awarded the outstanding unpaid balance of $22,773.70. (all of this is back to referring to the 22K account even though the “debt validation” she referred to at the beginning of this was about the 3K account and the statements she shows they sent are all the 3K one as well, not sure if she just didn’t realize this?)

· 

RESPONDENT REQUEST COSTS AND FEES ASSOCIATED WITH THE ARBITRATION OF THIS CASE IN ADDITION TO THE OUTSTANDING UNPAID

BALANCE. The arbitration clause from the Cardholder Agreement states the following:

[W]e will pay your share of the arbitration fee for an arbitration of claims of

$75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees

will be allocated according to the applicable AAA Rules. If we prevail, we may

not recover our arbitration fees, unless the arbitrator decides your Claim was

frivolous. All parties are responsible for their own attorney’s fees, expert fees and

any other expenses unless the arbitrator awards such fees or expenses to you or us

based on applicable law. See Exhibit C. In this case, because this arbitration is related to the Respondent’s attempts to collect the Claimant’s debt, the Respondent is not obligated to pay any of the Claimant ’s share of the arbitration fees. In addition, we are requesting reimbursement of all fees and costs the Respondent has paid in relation to this arbitration because the Claimant has filed a frivolous claim with the AAA. The Claimant alleged that the Respondent failed to provide her with proof that the Respondent owns the account. However, as explained above, the Claimant received various documents through direct written communication and various court filings from the Respondent that explained how the Account was assigned from Citibank to the Respondent from December 2017 through January 11, 2019. The Claimant had over a year’s worth of information related to the assigned Account prior to filing a claim against the Respondent with the AAA. In addition, when the Claimant finally requested verification of the debt on January 4, 2019, the Respondent mailed the Claimant verification of the debt along with credit card statements dating from March 2016 through January 2017 on January 11, 2019. See Exhibits H and I. Furthermore the Claimant has failed to produce any evidence that supports her claim. Based on this information, Respondent requests reimbursement for all fees and costs

associated with arbitrating this case.

· 

CONCLUSION

In conclusion, based on the evidence, the Respondent requests that judgment be made in

favor of the Respondent and that the Respondent be awarded the outstanding unpaid balance of

$22,773.70. The Respondent also requests reimbursement for all fees and costs associated with

arbitrating this case.

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My plan is to object to all the exhibits that reference the other account (22K).  I am not objecting to the 3 exhibits that are for the 3K account, however, I plan to object to how they are used in her answer (she referenced the 3K exhibits as if they were connected to the 22K account)  I also plan to have a detailed objection to her answer and stating the arbitration rules that apply.  "Frivolous claim"= rule R-21 (b) that states preliminary hearing includes clarification of issues and claims (which we haven't got to yet) and we haven't even reached information exchange or any of that.  "Requests judgement be made in favor of Respondent for $22773.70" =rule R-24 Written motions only after parties and arbitrator conduct conference call.  "Respondent not paying my filing fee because this is collecting a debt"= Original claim is FDCPA violation and not collecting debt.  Even if she counterclaims to collect a debt, does this effect whether they have to pay my filing fee? CC agreement states they will pay customers fees unless the claim is to collect a debt.  My claim against Unifund is not to collect a debt.  Even though I honestly do not care if I get reimbursed the filing fee, I want to point it out and object to ANY and EVERYTHING that is not correct in her answer.

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This is crazy - it almost seems like you could draw out the arbitration process, and at the end be like "oh, this looks like they are arguing the wrong case," and have the whole thing tossed. She seems in danger of getting fired for how she has mixed up the cases.

(We had something similar, where we tried to settle two accounts at once - both Midland and handled by same law firm. Lawyers committed a classic FDCPA violation by writing to me, directly, on settling one account, not realizing that my lawyer was handling both. They also ended up blowing the bigger case be delaying prosecution because they were confused about which was which.)

 

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19 minutes ago, Goody_Ouchless said:

This is crazy - it almost seems like you could draw out the arbitration process, and at the end be like "oh, this looks like they are arguing the wrong case," and have the whole thing tossed. She seems in danger of getting fired for how she has mixed up the cases.

(We had something similar, where we tried to settle two accounts at once - both Midland and handled by same law firm. Lawyers committed a classic FDCPA violation by writing to me, directly, on settling one account, not realizing that my lawyer was handling both. They also ended up blowing the bigger case be delaying prosecution because they were confused about which was which.)

 

I love it when the other side shoots themselves in the foot like that.  I had several cases like that.  

One of the weirder ones: one of my cases was assigned to a law firm in a small city out in the middle of nowhere.  By that time none of the big debt collection law firms in my state would touch my cases with a ten foot pole.  This was actually the FOURTH law firm to get the case that I know of.  The first 3 punted on the case.  

Anyway, this tiny law firm had one and only one debt collection attorney.  She sent me a dunning letter, I replied within 30 days with a DV request and a demand for arbitration (this was a card starting with the letter "d").  She had quit the firm just after sending me the dunning letter.  She had filed a number of cases in court, and every one of those cases had to be dismissed after she left the firm. 

The file sat in the bottom of some drawer for over a year, until the firm hired a new debt collection attorney.  He noticed that the state SOL was 6 years, and by this time it was about 5 1/2 years since the default.  

I filed in JAMS, listing a number of violations.  

They filed a counter claim for the debt, between 10k-15k.

I filed a reply that their arbitration agreement specifies using Delaware law, and that the SOL for Delaware had long passed.  

We kept on going with this, through discovery, until it was getting time to book an arbitration date.  I found that the local courthouse rented out rooms for this sort of thing.

So there they were. Facing a hearing coming up soon.  They would be on the hook for the room in the courthouse, for the arbitrator's travel, meal and hotel expenses, for the arbitrator's hourly rate for the hearing and for however long it took for the arbitrator to write up a decision after the hearing.  And if I lost I would appeal to a 3-arbitrator panel.  And, the arbitrator had never made a ruling as to whether they would use my state's law or Delaware law for the SOL.  That decision would be made at or after the hearing.  

On top of that, I found some flaws with their statements.  Over 100 flaws, most of them very picky, but enough to cast doubt as to their authenticity.

D card decided to settle at that point.  NDA and all that, but I was happy with it. 

Moral of the story -- make sure your firm is covered if the one and only debt collection lawyer walks out in the middle of a bunch of cases.  

 

Sorry if this is rambling a bit, but maybe the newer members would like a taste of what things were like in the Wild West days of arbitration, which in this case was less than a decade ago.  

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I see a couple issues with this whole mess.  First, an objection to the 22K account references in this case likely wont fly with the arbitrator, since they can technically file a counter claim for whatever they want, which is essentially what they included here (however convoluted and jumbled it reads).  Instead of objecting to the inclusion of irrelevant material related to another account, I would object to the unauthorized combining of accounts.  I would state in detail (giving the AAA case number of your other case) that the Respondent is joining two separate AAA cases into their response without notice or authorization.  I would object to this joinder of cases and ask that all relevant evidence and references to Case #123 remain in Case #123 due to the fact, as clearly demonstrated by the Respondent in their Answer, a commingling of evidence and information leads to confusion and a mixing of evidence between the two cases, not to mention that the contract forbids such a joinder (then cite the card agreement where it says that arbitration is to remain on an individual basis and not combined with other claims/accounts - whatever you card agreement says on this issue).

I think this is the only objection and response I would give other than objecting to the fees which are prohibited under the consumer rules.

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9 minutes ago, fisthardcheese said:

...other than objecting to the fees which are prohibited under the consumer rules.

I sounds like they are just objecting to paying consumer's portion, since it is related to debt collection. If this arose out of a debt collection case, it seems a stretch to argue that it's not related to debt collection. OP may be on hook for consumer portion - $200, or whatever that is.

 

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1 minute ago, Goody_Ouchless said:

I sounds like they are just objecting to paying consumer's portion, since it is related to debt collection. If this arose out of a debt collection case, it seems a stretch to argue that it's not related to debt collection. OP may be on hook for consumer portion - $200, or whatever that is.

 

It didn't.  The OP's OTHER AAA case perhaps has that kind of an argument.  But I would always object to it and let the arbitrator spend time deciding on that issue.

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2 hours ago, fisthardcheese said:

I see a couple issues with this whole mess.  First, an objection to the 22K account references in this case likely wont fly with the arbitrator, since they can technically file a counter claim for whatever they want, which is essentially what they included here (however convoluted and jumbled it reads).  Instead of objecting to the inclusion of irrelevant material related to another account, I would object to the unauthorized combining of accounts.  I would state in detail (giving the AAA case number of your other case) that the Respondent is joining two separate AAA cases into their response without notice or authorization.  I would object to this joinder of cases and ask that all relevant evidence and references to Case #123 remain in Case #123 due to the fact, as clearly demonstrated by the Respondent in their Answer, a commingling of evidence and information leads to confusion and a mixing of evidence between the two cases, not to mention that the contract forbids such a joinder (then cite the card agreement where it says that arbitration is to remain on an individual basis and not combined with other claims/accounts - whatever you card agreement says on this issue).

I think this is the only objection and response I would give other than objecting to the fees which are prohibited under the consumer rules.

I did not think of doing it this way! Thanks for the help.  I will take this route and object to me paying back their arbitration fees (they claimed it was a frivolous claim) When I object to paying their fees should I say something along the lines of not having the initial conference hearing and I haven't even giving my official detailed claim? Or the fact that AAA rules states those are the business costs and my CC agreement states all claims are subject to arbitration, no matter what legal theory they're based on? Or both? 

Also, my CC agreement states "You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt" Is this the part of the agreement that means these can be individual claims? The case manager asked if I wanted to combine these or have them separate when I filed.  I said separate and the case manager told Unifund that these are two separate cases and they need to pay the other one and also reminded them that there is a court order on the one they have not paid.

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