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fisthardcheese

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Everything posted by fisthardcheese

  1. That was a waste of time. You have been told a dozen times above what to do and you are simply not listening. You must read and follow along. You are wildly swinging at everything moving right now.
  2. You can file the MTC and argue that you only discovered the arbitration clause after your answer, and it shouldn't be an issue. Florida is the only state I know of with case law stating that arbitration must be raised in the answer. HOWEVER, your biggest issue will be getting the 2008 agreement to fly. They are very likely to argue that because you continued using the account beyond 2010 that you agreed to the changes that included removing arbitration. It's really up to the Judge if the survivability clause applies. If it were me, I would try and hope it works, and I would work on having responses to every possible argument over the arb clause from 2008 still being valid.
  3. A response to their motion would include an objection on the filing of the motion in the first place, as there is nothing in the AAA rules saying a dispositive motion is allowed prior to the hearing, and then would go on to refute each individual claim they made in the motion with my own argument as to why their claims of being invalid are not correct.
  4. Terrible idea. Just wait until the hearing already set and bring your Motion to Dismiss to the hearing if no movement happens in arbitration before that date. More terrible ideas. You could have a lawyer calling to ask you to settle this case with a dismissal and you are just going to willfully ignore that? Silly. Taking their call does not mean you have to agree to anything over the phone. But ignoring their call is goofy and unprofessional.
  5. There is no such thing in arbitration. Lawyers still don't understand how JAMS works. They can file any motion or objection they want, but the arbitrator is not going to outright dismiss the case before a hearing. So I would simply wait to see what their motion says, then file a rebuttal and ask for a hearing on their motion prior to the case hearing date. Even if it's just a phone hearing, this is leverage for you and more expense to them. The discovery being a week late is pretty minor. I would let it pass. The arbitrator is going to say you were not prejudiced by a few days and you got it anyway, so it's best not to be super picky and come off as annoying to the arbitrator. If it costs you a few days of being prepared for the hearing and you really do need the time, then I would simply file a request to delay the hearing due to their delay in discovery. But if it's not necessary, I would let it go.
  6. A stipulated mutual dismissal with prejudice is what you want. That very short, small sentence encompass the entire wordy paragraph you want but without making you sound like a bad amateur.
  7. Wasn't your case already dismissed by the judge? I would check the court rules to see if once your answer is filed, a joint stipulation is required to dismiss a case. If yes (which I suspect since they are trying to get you to sign this stipulated order), then I agree with @BV80 to reply and state that you would be willing to stipulate to a mutual dismissal WITH prejudice. You literally have nothing to lose, since it's already technically dismissed anyway.
  8. The initial phone call is only to set dates. If you haven't filed a detailed brief on your claims, I ask for 30 days to file a detailed brief. I then ask for at least 30 days after the brief is due to conduct discovery. That's all you need at this time. What to ask for in discovery is something only you can answer. This isn't a debt case, so it all depends on what you need to help prove the claims you have. Off the top of my head I would think you want any transcripts or recordings of phone calls you made to the bank regarding your dispute or the extra charges as well as any notes that were made by bank employees on your account regarding those issues too.
  9. Keep plugging away at the JAMS process, then. Make sure you get everything you need from them in discovery. For me, I always try my same offer again after discovery which should be around 30 day prior to the hearing.
  10. A standard business letter. Everything you send to JAMS should be duplicated and sent to the attorney as well. That includes the cover letter.
  11. For a settlement offer, a simple email to the attorney only is the standard.
  12. Keep it simple, professional and polite. Just always keep that in mind when discussing the case with the attorney that the attorney is working for the bank, but isn't the bank so he is just the "messenger" of sorts. I always just say something like "In the interest of further time and expense on this arbitration matter, I am willing to offer your client a settlement of $X in exchange for dismissing my arbitration action and a full release of liability. This offer expires in XX days."
  13. In that case, I would send a settlement offer for about 80% of the total amount you paid off. Keeping in mind, the best case scenario is that they will counter offer for a lower amount. I would have a number in mind that you are willing to settle for rather than going through a full hearing. There could be a number of back and forth settlement negotiations, going lower each time, but once you reach the point of your bottom line, I would tell them so. State that this is your bottom line final offer and if they don't accept that, then you just continue on with the arbitration process.
  14. Was this the only balance left on the card? This one disputed charge?
  15. Yes. It's not my favorite claim to use, but with no other possible violation to put on them, I would go with this. Additionally the low amount of this case makes it far less of a problem too. They should want to get out of this fairly quickly. The Synchrony agreement is very clear they will pay your fees, so there is no need to file a waiver. I always include a very short and simple cover letter with all of my documents I am filing and in that cover letter to JAMS, I state that this is for a court ordered CONSUMER arbitration, and that I am asking JAMS to bill the company any consumer portion of the filing fee per the enclosed contract. I will even nicely highlight the line in the contract that says they will pay all fees so the JAMS admin can see it quite easily. That is all you have to do. JAMS will know to bill the JDB and you won't have to talk about the fee issue again.
  16. I see that OP has a settlement they are happy with, but for anyone else looking for information: It is likely the court could allow two cases like this to be combined in arbitration. I would argue against it using the language in the arbitration clause about cases must remain on an individual basis. I would state that if I can not combine cases with other defendants, then it's the same principal of them buying bulk cases and combining accounts into one case. Its likely to fail, as I doubt there is good case law to back that up as being the same thing, but it's a shot I would take anyway since we're already in an MTC hearing at that point as it is. But additionally, when you have 2 accounts with the amounts OP has here; in this case a combined total of about $3700, having those accounts combined into one JAMS case is still extremely favorable to a defendant. Anything under $5k total is going to be a much bigger net loss to a JDB in arbitration. Even up to $10k and there is a high chance they are only coming out even with the costs for a win. So having accounts combined with lower amounts is not a big detriment. But I'd try to have them remain in separate arbitration as much as I could anyway.
  17. This isn't a case of them suing you for the disputed debt amount? Did you just file the arbitration case because of the disputed issue? Is your account still open?
  18. You need to look up your specific court's rules and see what they say about failure to proceed or other time lines allowed by the other side. Also, courts may be much more lenient on those rules for 2020 due to the pandemic problems. Every court has different rules as to how much time is required before you can motion to dismiss for failure to proceed or whatever they call it. Your motion would need to cite the rule and show that the proper amount of time has expired under that rule and that because of this, the judge has the right to dismiss the case.
  19. I don't know where you read that, but you also should have read that the entire point of arbitration is to settle. You have a good opportunity to do that now. They missed a hearing. It's clear they dont want to deal with this case. Sounds like a prime opportunity to settle if you asked me. It doesn't matter what you demand was, I always ask for a mutual dismissal with prejudice. That's all. Keep it simple.
  20. After they state "this call may be recorded..." simply reply with "it definitely is".
  21. If you have that many accounts and they are all in collections now, then you may want to look into Bankruptcy. It sounds terrible, but unless you have a home with a large equity amount, it actually can be the best route to get everything wiped out and put behind you and quickly start on the recovery road. It is much faster and easier than dealing with dozens of lawsuits and arbitrations over many years.
  22. That rule is about the actual arbitration hearing, not about any preliminary conference calls. The fact they missed the first call has no bearing, other than when they miss calls it's a great opportunity to start asking for everything you want and get it unopposed. Did you ask for time to file a full brief and for full discovery process? Since they missed the call, has another one been scheduled or was there an email sent by the arbitrator addressing that the call happened and they failed to appear? I would use this time to send a settlement offer to the Barclay's attorney.
  23. There also is the issue of proving an oral dispute. Having everything in writing when dealing with law is always best practice imo.
  24. To intimidate you. And sometimes to convince a small claims judge that you are acting in bad faith or somehow your information, however legally sound, is invalid due to learning about the law from a message board.
  25. Read my arbitration thread again linked in my signature below. There is a section on how to file with JAMS that will help you. The law firm isn't messing with you. They are shooting themselves in the foot, but that's about all. Wait for the order from the judge, there is no need to rush it. Let it happen when it happens. Granted, it has been a couple years since I filed in JAMS, but I don't think they accept email filings. At least, they didn't used to. You will have to make sure you are sending in ALL of the required documents when filing, which includes 2 copies of everything. Read the instructions on the Demand Form. But send nothing in until you get the judge's order.
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