fisthardcheese

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fisthardcheese last won the day on September 16

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About fisthardcheese

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  1. Do you have any actions they took you can point to? If so, I would state that I intend to file a brief at the appropriate time outlining the XYZ violation. I would then follow up with a settlement offer by stating that in the interest of further time and expense, I am willing to offer their client a mutual release and dismissal with prejudice of all claims by both parties. I would set the expiration date for my offer as the same date payment to JAMS is due.
  2. You do what you feel is right for you. If it is me, and I get a granted MTC from court, I would never offer a dollar to settle. The MTC flips the leverage all in your favor. But again, that's me and you should do what you feel is best for you.
  3. We all started the exact same way. By the end of this, you will be ONE OF US. Just continue to take a break and re-read everything and be slow and deliberate with both reading and responding. Perfect. Short and to the point, exactly how I do it.
  4. No. There is no 3-person arbitration. This is just the start of your case, and the Admin is asking if you are representing yourself so that they can file it with the Pre-Se Admin staff. I would simply email back and state that I am representing myself pro-se and that this is a CONSUMER arbitration matter. He can object, and you can respond to the objection demanding an in-person hearing citing the consumer rule regarding such. Also state that you intend to ask Barclay's to present a live witness with first hand knowledge of your disputes and on-going issues with your account. Researching the laws and knowing what laws they violated should have been done well before filing the case. Regardless, you must do this NOW. You need to start working on a full brief that clearly lays out what happened, what actions you took and what actions or inaction THEY took and how those actions or inactions violated which laws. Both CA and Federal laws. Some laws to look up would be any California Unfair Business Practices laws (sometimes referred to as UDAP laws), the Federal Fair Credit Billing Act, the Fair Credit Reporting Act, and potentially the overly complicated Regulation Z part of the CFB (Truth in Lending Act). Since it is early, you have at least a month, so I would put together a formal brief and have it ready. The first step is that Barclay's will get a $5k bill from AAA. They will pay it. Then an arbitrator will be appointed and contact you to set a date for an initial phone conference. The initial conference call is to set dates for discovery and the hearing. During the call, ask the arbitrator for permission to submit a formal brief outlining your full dispute. You can ask for 30 days or so to have it submitted if you need more time to complete it. He SHOULD grant that. And he will also give the other side time to file a reply to your brief. After that, you need to figure out what discovery items and questions to send to Barclays to prove that the charge was not yours and that they did not refund any amount you paid in error and start to have documentation to back up your brief that can be presented at the hearing. Because of COVID, I would expect that an in-person hearing will likely be denied, but I would still push for at least a Zoom call hearing.
  5. 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.
  6. Not filing a motion, but sending a letter that acknowledges you filed an MTC but they intend to circumvent that is a POTENTIAL violation. Nothing solid, but good enough that I would use it when I filed my JAMS case and let them spend all the money to counter argue that it isn't a violation.
  7. That's alright. I would still try to find some in case there is a hearing and you can cite it at that time if needed. The Judge knows what the laws are for summary judgement anyway, it's just more of a formality. If he finds that your argument regarding the MTC is proper, he will use the established law to rule against summary judgement.
  8. The case law you are looking for is the burden or requirements of Summary Judgement. There should be plenty of cases where the judge stated that summary judgement is denied due to a genuine dispute still in question.
  9. NO Whatever claims you have against them They are asking where the arbitration section is in your card agreement. Just list the page number and section number of the arbitration section. DO NOT CHECK. You don't send it to the JDB, you send it to their attorney who filed the lawsuit against you. I would strongly suggest you read the arbitration post again. All of this is spelled out in there. Also start reading everything carefully for what it actually says. Don't jump to conclusions and end up answering questions that are not asked. Read everything twice at the very least.
  10. ZOOM is a video conference app that is popular in these COVID days. You filed through the AAA website? Did you get any confirmation number or email? Call AAA and tell them you filed but have not heard anything and ask if there is a status update. If they have your submission, ask them to send you an email confirmation that you filed so you can present it to the court.
  11. You can beat them and pay $0 to make this go away permanantly, but it will require some work, a lot of reading here to learn how, and most likely a court visit. But it is very possible. The thread linked above is the place to start at. Your very first step is to file an Answer with the court which denies all of their allegations.
  12. Yes, send a respectful email to the attorney and attach the initial signed agreement. Tell them that the agreement was to dismiss with prejudice, but that they filed a non-suit without prejudice. Ask them to please correct this mistake right away. Give them a couple weeks. If they don't act on it or don't respond, then my next move would be to contact a consumer attorney that does FDCPA work near me for fun and profit. :)
  13. Make sure you read the instructions on the Demand Form and send in everything required. Last I checked you had to send 2 copies of everything including the Demand Form and the card agreement. I would include a cover letter (only 1 copy of this is needed), I would state on my cover letter that I am opening a new arbitration case under a court order and that I am requesting JAMS to bill the consumer portion of the filing fee to the company per the enclosed contract. Do not send any money in when filing. JAMS will bill the full about to the JDB since the card agreement says you are allowed to ask them to pay it. Send a single copy of everything to the attorney, including your cover letter. Send it CMRRR.
  14. What does your card agreement say about paying arbitration fees? Did the lawfirm ever reply to your email asking about the "settlement" letter they sent?
  15. Don't worry about an affidavit for now. That can be done later IF it is needed because the other side claims your agreement is incorrect. You are welcome to get one typed up and notarized. But I wouldn't file it just yet. I would only focus on getting the Summary Judgement resolved in my favor first.