Just getting this to arbitration was a task in itself. As before, I don't expect anyone to write anything for me and will study as much as I can. I only brought up the doubling of the minimum payment because I had read a defense that argued if a debt was in dispute when a JDB bought it, they no longer have the ability to access records to counter the dispute. It was just a tactic, probably more for court than arbitration. Like with court, I just need to wrap my head around the difference between arbitration and court, what I am allowed to and should do. The process has been pretty straight forward. Debt collectors called and called. We never answered the phone or communicated in any way. This went on for over a year then we were served our court papers. About the only possible violation may be that they called our daughter at one point to try and contact us and they called our school(work) in an attempt to contact us. Aside from that we have had no contact until the court case. We avoided them 100%.
I disagree with popping up once a month. After we were served I studied court cases and Arizona law to try to get it out of the courts and into arbitration. Bruno pointed me in the right direction on how to research. I wrote a response that cited several cases asking for private arbitration. The judge took this long to make a decision which came Friday. Now I have 90 days to initiate AND complete arbitration. I came here with the good news that I succeeded and that I must prepare. I felt an urgency to get the JAMS paperwork completed but wanted to do it right and had some questions.
I have dealt with CACH before. but I knew what it did and I knew how to write a detailed complaint.
CACH will send statements and affidavits from the bank to make it look as it just came off the bank's computer.
You need to go back to those phone records , even if you didn't pick up. If these calls were made to a cell phone then you have a very good chance CACH wasn't authorized to call that number. Even if it says OC supplied the number , it still can't prove that the cell phone was the legitimate contact number (one listed on the application) , b/c CACH was not an OC. Someone from the bank has to testify and bring in application or documents to prove it. That will not happen ever.
If it called your daughter that's an FDCPA b/c CACH knew your phone and address , you may need an affidavit from her, but that's for later.
Checked your credit? CACH reports as Collection account but sometimes a s factoring account. You need hard copies now.
I an tell you $20k is not a small change, nowadays JDBs are getting gutsy and pursuing arbitration . although, CACH is not on any JAMS arbitration list but that doesn't mean it won't be.
If you want to see how CACH has been sued or what a complaint looks like sign up for www.Pacer.gov
(free to sign but have limit on spending $15 free case look ups for every quarter)
I prefer you get beaten up here than in court or arbitration. It's less painful !