catlady22

Colorado - being sued by Portfolio Recovery

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4 hours ago, catlady22 said:
 

I've sent the settlement offer once and they denied it. Exact text said - "Thank you for your offer of settlement.  At this time, the Plaintiff has incurred a cost of $4200 under the current arbitration process and is unable to accept your offer of a mutual dismissal. However,  I am able to counter your settlement offer at this time.  The plaintiff is willing to dismiss with prejudice their claims against you with payment to the Plaintiff by you of $4200 and an agreement that you dismiss your claims with prejudice. "


I'm finishing my discovery now. I sent my requests to them and received them the day before they were due, so it's my understanding since they sent me interrogatories to answer with documentation I have 30 days since the receipt. I have been able to use a couple things they sent me (big one being I requested their call log to me. They provided one saying they've only called 3 times. My call log shows over 50. Another is the affidavit of sale that has a wrong date - and I read about a previous suit against PRA for such affidavits https://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/)

Should I still type out an affidavit of what happened and include a summary under the violations I'm claiming?

 

How much is PRA suing you for?

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16 hours ago, catlady22 said:

Should I still type out an affidavit of what happened and include a summary under the violations I'm claiming?

Yes.  Just claim that the JDB violated the FDCPA through their agent's (the attorney's) actions. 

If they provided proof of calling my cell phone 3 times, I would then add 3 TCPA claims for $1500 each.  Since these are new claims, you DO need to ask the arbitrator.  I would email the arbitrator with the attorneys copied and state that through discovery you have uncovered additional claims and ask to be allowed to amend your initial claims.  I would send a brief of all my claims with the exhibits of your proof attached. 

After I filed my amended claims, which from what I know should add up to $6500 (2 FDCPA violations (($1000 x 2)) plus wilful TCPA violations (($1500 x 3)) = $6500), I would then send another settlement offer to them and see if they don't have a change of mind on the mutual dismissal.

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56 minutes ago, fisthardcheese said:

Yes.  Just claim that the JDB violated the FDCPA through their agent's (the attorney's) actions. 

If they provided proof of calling my cell phone 3 times, I would then add 3 TCPA claims for $1500 each.  Since these are new claims, you DO need to ask the arbitrator.  I would email the arbitrator with the attorneys copied and state that through discovery you have uncovered additional claims and ask to be allowed to amend your initial claims.  I would send a brief of all my claims with the exhibits of your proof attached. 

After I filed my amended claims, which from what I know should add up to $6500 (2 FDCPA violations (($1000 x 2)) plus wilful TCPA violations (($1500 x 3)) = $6500), I would then send another settlement offer to them and see if they don't have a change of mind on the mutual dismissal.

Why would they not be allowed to call?  

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6 hours ago, fisthardcheese said:

Yes.  Just claim that the JDB violated the FDCPA through their agent's (the attorney's) actions. 

If they provided proof of calling my cell phone 3 times, I would then add 3 TCPA claims for $1500 each.  Since these are new claims, you DO need to ask the arbitrator.  I would email the arbitrator with the attorneys copied and state that through discovery you have uncovered additional claims and ask to be allowed to amend your initial claims.  I would send a brief of all my claims with the exhibits of your proof attached. 

After I filed my amended claims, which from what I know should add up to $6500 (2 FDCPA violations (($1000 x 2)) plus wilful TCPA violations (($1500 x 3)) = $6500), I would then send another settlement offer to them and see if they don't have a change of mind on the mutual dismissal.

So I have over 45 calls logged right now from them. Can I just include it under what I've already claimed (violations of state and federal law) ?

I haven't written a brief, I was told by the arb to do that after discovery. In the brief, would that be where I say I'm asking for X in damages or whatever the term would be? I haven't laid out anything in an official document that includes arb asking for a settlement (only in that email.)  So I'm including my call logs in the docs they ask for and have them listed as violations and a direct opposition to what they provided. 

I already had to ask the arb today for an extension because I didn't realize my discovery deadline passed. Crap. It was granted but 😬.

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On 7/24/2020 at 8:05 PM, BV80 said:
 
 

Why would they not be allowed to call?  

My claim would be that they do not have express written permission per the TCPA to call my cell phone.  I could easily testify that I have no recollection ever giving a JDB express permission.  The JDB would need to present evidence to the contrary.  Maybe they could, but they will pay for an arbitration hearing and then they would also need that evidence directly from the OC.  We know their evidence of the DEBT has gotten better over the years, but not always evidence of other issues like this.  So this is why I, personally, would make the TCPA claim.

On 7/25/2020 at 1:57 AM, catlady22 said:

So I have over 45 calls logged right now from them. Can I just include it under what I've already claimed (violations of state and federal law) ?

I haven't written a brief, I was told by the arb to do that after discovery. In the brief, would that be where I say I'm asking for X in damages or whatever the term would be? I haven't laid out anything in an official document that includes arb asking for a settlement (only in that email.)  So I'm including my call logs in the docs they ask for and have them listed as violations and a direct opposition to what they provided. 

Okay, since you made an initial generic claim of "violations of state and federal law" and your brief is not due yet, then I would say you are allowed to add any claims you want without further permission. That is good.

You can mention the 45 calls logged.  I suppose you could even add $500 per call, which is an amount allowed under TCPA if they are not considered "willful". The problem is they will say no autodialer was used to make those calls and you won't have a way to prove it unless you actually remember answering those calls and hearing the clues that it's an auto-dialed call and can testify to that.

The conclusion of your brief should include a "prayer for relief", where you ask for a dollar amount for all of their violations that you lay out in your brief. It's not a "settlement", it is an award amount you are asking the arbitrator to make.  "I ask the Arbitrator to make an award in Claimant's favor in the amount of $XX,XXX and to dismiss all claims by the Respondent".  It should look something like that.

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46 minutes ago, fisthardcheese said:

My claim would be that they do not have express written permission per the TCPA to call my cell phone.  I could easily testify that I have no recollection ever giving a JDB express permission.  The JDB would need to present evidence to the contrary.  Maybe they could, but they will pay for an arbitration hearing and then they would also need that evidence directly from the OC.  We know their evidence of the DEBT has gotten better over the years, but not always evidence of other issues like this.  So this is why I, personally, would make the TCPA claim.

Okay, since you made an initial generic claim of "violations of state and federal law" and your brief is not due yet, then I would say you are allowed to add any claims you want without further permission. That is good.

You can mention the 45 calls logged.  I suppose you could even add $500 per call, which is an amount allowed under TCPA if they are not considered "willful". The problem is they will say no autodialer was used to make those calls and you won't have a way to prove it unless you actually remember answering those calls and hearing the clues that it's an auto-dialed call and can testify to that.

The conclusion of your brief should include a "prayer for relief", where you ask for a dollar amount for all of their violations that you lay out in your brief. It's not a "settlement", it is an award amount you are asking the arbitrator to make.  "I ask the Arbitrator to make an award in Claimant's favor in the amount of $XX,XXX and to dismiss all claims by the Respondent".  It should look something like that.

Ok thank you! I haven't said anything anywhere about TCPA, just "state and federal" and the FDCPA. Actually, this triggered a memory from the exchange outside the courtroom. I mentioned harassing calls and she said they don't use spoofed or auto dialed calls. But if they don't use auto dial, how is it they only have a record of 3 calls to me and 1 to my mother while I have quite the contrary? 
 

So with my stuff being due now Wednesday, do I just submit my call log with all the other evidence and then mention TCPA in my brief? 
 

Basically what I have almost ready to go is my answers to the interrogatories which I structured as exhibits. A brief would basically just be summarizing everything I have and asking for the reward, right? 

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On 7/26/2020 at 4:16 PM, catlady22 said:

A brief would basically just be summarizing everything I have and asking for the reward, right? 

And including as much case law as possible to show that your arguments are correct under those cases other judges have ruled on.

On 7/26/2020 at 4:16 PM, catlady22 said:

So with my stuff being due now Wednesday, do I just submit my call log with all the other evidence and then mention TCPA in my brief? 

If you have any memory of answering some of those calls and having a long pause before they came on the line, or any other indications that an auto-dialer was used, I would type up an affidavit and include a notarized copy as part of my evidence.  You need to have SOME kind of indication showing it was auto dialed, so I would not rely only on the call logs.    Yes, I would point out the TCPA violations in the brief.

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Ugh I'm so flustered by how to write a brief. Obviously I have no background in law! I'm not even sure how to start. Basically just by saying "PRA was acting illegally to collect this debt so the judgement should be in my favor and these are the reasons why?"

 

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13 hours ago, catlady22 said:

Ugh I'm so flustered by how to write a brief. Obviously I have no background in law! I'm not even sure how to start. Basically just by saying "PRA was acting illegally to collect this debt so the judgement should be in my favor and these are the reasons why?"

 

Don't stress too much over it. This is in arbitration and not court, so there is no right or wrong format.

The way I always did mine was to look up another case where a consumer sued someone for similar issues (FDCPA or TCPA violations) and looked at how their lawyer wrote their briefs.  They all have the same basic outline or formula.  You state who the parties are and how they fall under the statute you will be talking about. i.e. "PRA is a debt collector as described in 15 US 1692a(6)"  And you are a consumer as described by 15 US 1692a(3).  And then go on from there describing what they did and how each of those actions violated which section of the FDCPA or TCPA.  Then you back up your claims that they violated those sections with those actions by citing cases where the judge ruled that those actions were in violation of those laws (case law).

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On 1/19/2020 at 9:48 AM, fisthardcheese said:
 
 

I have a personal issue with lawyers who do this.  I am pretty sure this is grounds for a bar complaint.  Not only the blatant lying about costs to you, but the fact that they are telling you what is "in your best interest" when they are NOT your attorney and in fact represent the opposing side.  That is a complete conflict of interest AND another blatant lie. 

As far as PRA, I would send them an email offering a mutual dismissal with prejudice of all claims.  Meaning you dismiss the AAA claims and they dismiss the court case with prejudice.  I would give them 7 days before your offer expires.

@fisthardcheese thanks again for all your help! Going back to the lawyers conduct the day the MTC was granted, I'm trying to find something specific in the Colorado bar code of conduct that she violated. I see a lot about conflict of interest with current clients but nothing thus far about advising me despite her being counsel for the other party.  Do you know what I should be looking for? Perhaps the "lawyer shall not give legal advice to an unrepresented person other than to secure counsel?"

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On 7/26/2020 at 1:30 PM, fisthardcheese said:

My claim would be that they do not have express written permission per the TCPA to call my cell phone.  I could easily testify that I have no recollection ever giving a JDB express permission.  The JDB would need to present evidence to the contrary.  Maybe they could, but they will pay for an arbitration hearing and then they would also need that evidence directly from the OC.  We know their evidence of the DEBT has gotten better over the years, but not always evidence of other issues like this.  So this is why I, personally, would make the TCPA claim.

Okay, since you made an initial generic claim of "violations of state and federal law" and your brief is not due yet, then I would say you are allowed to add any claims you want without further permission. That is good.

You can mention the 45 calls logged.  I suppose you could even add $500 per call, which is an amount allowed under TCPA if they are not considered "willful". The problem is they will say no autodialer was used to make those calls and you won't have a way to prove it unless you actually remember answering those calls and hearing the clues that it's an auto-dialed call and can testify to that.

The conclusion of your brief should include a "prayer for relief", where you ask for a dollar amount for all of their violations that you lay out in your brief. It's not a "settlement", it is an award amount you are asking the arbitrator to make.  "I ask the Arbitrator to make an award in Claimant's favor in the amount of $XX,XXX and to dismiss all claims by the Respondent".  It should look something like that.

Edit- disregard!

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Ok guys so arb is next week. Fingers crossed.

 

PRA sent a brief months ago, I sent mine today, and they sent another in response to mine defending themselves. That goes against this, doesn't it? 
 

" No responsive briefs may be filed unless the Arbitrator approves it in writing.  AAA’s Pro Se Administrator 3 will forward the briefs to all of the parties and the Arbitrator to ensure simultaneous exchange."

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On 9/14/2020 at 7:29 PM, catlady22 said:

Ok guys so arb is next week. Fingers crossed.

 

PRA sent a brief months ago, I sent mine today, and they sent another in response to mine defending themselves. That goes against this, doesn't it? 
 

" No responsive briefs may be filed unless the Arbitrator approves it in writing.  AAA’s Pro Se Administrator 3 will forward the briefs to all of the parties and the Arbitrator to ensure simultaneous exchange."

Have you had your first phone conference with the arbitrator yet?   Did they ask for fees in their reply brief? If they did, then I would simply send an objection to fees at this time citing the AAA Consumer rules and noting that you are making the objection now, per Rule # XYZ as to not wave your rights to any of the AAA Supplemental Consumer Rules.  The rest can be dealt with during the initial conference call.

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2 hours ago, fisthardcheese said:

Have you had your first phone conference with the arbitrator yet?   Did they ask for fees in their reply brief? If they did, then I would simply send an objection to fees at this time citing the AAA Consumer rules and noting that you are making the objection now, per Rule # XYZ as to not wave your rights to any of the AAA Supplemental Consumer Rules.  The rest can be dealt with during the initial conference call.

I sent you a PM. :)

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31 minutes ago, catlady22 said:

Where is that thread about who pays the arb costs? They're insisting I should pay all the costs if they win - after I pointed out it's in the AAA consumer laws that they can't, they're trying to argue they can under the original CC agreement. @Harry Seaward 

What about this part of the arbitration provision? 

If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous.”

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51 minutes ago, WillingtoFight593 said:

How did this play out? I just read this thread in its entirety since I am also being sued by PRA and am going to pursue arbitration and am curious how it panned out.

I lost in arbitration and the arbitrator deemed it patently frivolous so I am ordered to pay their fees (double the original debt.)

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6 hours ago, WillingtoFight593 said:

Oh noooo I’m so sorry. I know that doesn’t change anything but. That’s so unfortunate. 

The lawyers for PRA made it a point in arbitration to say "they know people look online and think by pushing arbitration it will cost us so much we will back down, but we are wise to the game and don't back down."

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7 hours ago, catlady22 said:

The lawyers for PRA made it a point in arbitration to say "they know people look online and think by pushing arbitration it will cost us so much we will back down, but we are wise to the game and don't back down."

Eventually one of them was going to call the bluff and ride it out to the end.  The question now shifts to how long before they all start following in and using the patently frivolous defense to get the fees awarded to them?

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14 hours ago, catlady22 said:

The lawyers for PRA made it a point in arbitration to say "they know people look online and think by pushing arbitration it will cost us so much we will back down, but we are wise to the game and don't back down."

This is an ominous development. I wondered if that is their strategy for combatting arb: pay the fees, go thru the arbitration, and then claim it was frivolous and stick the consumer with the fees.

Was there any indication they were aware of your posting here?  Maybe they wanted to make an example of you to scare others away from arb.

I don't see how this could be frivolous when you are exercising your rights under the contract. Try to find FDCPA cases where PRA was sued by a consumer for violations, and PRA invoked the arb clause. If that was not frivolous, neither was your arb.

Your options:

Can you appeal within AAA?  There was a similar situation in JAMS where the consumer was hit with the fees. He appealed and the arbitrator was overturned with respect to the fees. I thought AAA was even more explicit that $200 is all the consumer pays.

You can file objections to the arb award within 90  days in the applicable state court.

Can you file for bankruptcy? It would serve PRA right to pay the arb fees and end up with nothing.

Would you be willing to disclose the name of the arbitrator? So in future cases people can strike this individual.  

Finally, I would complain to any regulatory bodies, such as CFPB and your state's AG.  It was the MN AG who shut down the NAF fraud.

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3 hours ago, nobk4me said:

This is an ominous development. I wondered if that is their strategy for combatting arb: pay the fees, go thru the arbitration, and then claim it was frivolous and stick the consumer with the fees.

Was there any indication they were aware of your posting here?  Maybe they wanted to make an example of you to scare others away from arb.

I don't see how this could be frivolous when you are exercising your rights under the contract. Try to find FDCPA cases where PRA was sued by a consumer for violations, and PRA invoked the arb clause. If that was not frivolous, neither was your arb.

Your options:

Can you appeal within AAA?  There was a similar situation in JAMS where the consumer was hit with the fees. He appealed and the arbitrator was overturned with respect to the fees. I thought AAA was even more explicit that $200 is all the consumer pays.

You can file objections to the arb award within 90  days in the applicable state court.

Can you file for bankruptcy? It would serve PRA right to pay the arb fees and end up with nothing.

Would you be willing to disclose the name of the arbitrator? So in future cases people can strike this individual.  

Finally, I would complain to any regulatory bodies, such as CFPB and your state's AG.  It was the MN AG who shut down the NAF fraud.

I'm filing for BK Monday 😕 it looked like appealing was 6k! 

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