Author Topic: Cach LLC sueing us in Arizona for ~20,000  (Read 11375 times)

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howucantoo

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #180 on: March 22, 2016 04:57:41 AM »
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 !

I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.
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wansu

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #181 on: March 24, 2016 03:43:08 PM »
So we checked and they called my wife's cell phone over and over again and she got that number AFTER we applied for the credit card.

howucantoo

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #182 on: March 24, 2016 03:49:33 PM »
So we checked and they called my wife's cell phone over and over again and she got that number AFTER we applied for the credit card.

Bingo !

Count how may times x $1500 and you add that amount to claims for TCPA.
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If you need legal help, you should seek legal counsel.
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wansu

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #183 on: May 17, 2016 05:21:53 AM »
OK. We found 10 robocalls over a 5 year period to my wife's cell phone. We sent in our Jams application and asked for expedited procedures. Jams accepted the case. Cache's attorney had until Tuesday to respond and responded today with a letter stating that expedited procedures are not appropriate for the case and would limit discovery.

I don't know what to make of it. If anything I thought expediting the proceedings would benefit them. We have 30 days left on the time limit the court gave us to initiate and complete private arbitration. I figured we could just file an extension if it gets to that point. Either way, it sounds like they plan on following us into arbitration and that makes me nervous.

fisthardcheese

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #184 on: May 17, 2016 11:02:01 AM »
OK. We found 10 robocalls over a 5 year period to my wife's cell phone. We sent in our Jams application and asked for expedited procedures. Jams accepted the case. Cache's attorney had until Tuesday to respond and responded today with a letter stating that expedited procedures are not appropriate for the case and would limit discovery.

I don't know what to make of it. If anything I thought expediting the proceedings would benefit them. We have 30 days left on the time limit the court gave us to initiate and complete private arbitration. I figured we could just file an extension if it gets to that point. Either way, it sounds like they plan on following us into arbitration and that makes me nervous.

They did you a big favor by rejecting expedited procedures.

I go into every arbitration case on the belief that I will lose once the arbitrator make a final ruling.  My goal is to draw out the process to avoid getting to that ruling for as long as possible, yet forcing the other side to continue to pay the arb fees every step along the way.
10 Arb Settlements (9 AAA, 1 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #185 on: May 17, 2016 01:16:40 PM »
We found 10 robocalls over a 5 year period to my wife's cell phone

The statute of limitations for the TCPA is 4 years.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #186 on: May 17, 2016 01:44:42 PM »
We found 10 robocalls over a 5 year period to my wife's cell phone

The statute of limitations for the TCPA is 4 years.

In arbitration, I would lump in a call or two from 5 years ago with my others.  The SOL is, let's say, "loose" in private arb.
10 Arb Settlements (9 AAA, 1 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

howucantoo

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Re: Cach LLC sueing us in Arizona for ~20,000
« Reply #187 on: May 17, 2016 04:18:15 PM »
OK. We found 10 robocalls over a 5 year period to my wife's cell phone. We sent in our Jams application and asked for expedited procedures. Jams accepted the case. Cache's attorney had until Tuesday to respond and responded today with a letter stating that expedited procedures are not appropriate for the case and would limit discovery.

I don't know what to make of it. If anything I thought expediting the proceedings would benefit them. We have 30 days left on the time limit the court gave us to initiate and complete private arbitration. I figured we could just file an extension if it gets to that point. Either way, it sounds like they plan on following us into arbitration and that makes me nervous.

I'm sorry to say, but I have to because you made the dumbest move ever by chosing expedited procedure. It is quickest way for granting an award against you. BUT the other side who are suppose to be legal experts are sky high dumb........ It shows they've never done arbitration in JAMS.

Now agree with them and ask the case to be conducted according to Comprehensive rule ! LOL
See if they disagree.

I have a beef with people who come here everytime they are in a pickel and don't do their homework prior to the arbitration. You are one of them b/c the lengthy thread shows we tried to direct you to the right path but it took you two months (March to May ) to come back here AFTER your mess up !
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.
My PM is turned off.