Charissa

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About Charissa

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  1. There is already language in there preventing them from selling the debt but I believe the 1099c is probably an option. I already verbally agreed to the contract and AAA dropped the case, but I will see. We are currently financially insolvent and therefore I believe we would be exempt from the 1099c. I will do as you suggest. Thank you!
  2. I am no lawyer, but I think the reason why the agreement is basically 4 and 1/4 pages of text and 2 sig pages is because it was prepped by a lawyer, and you know they have to make their $$ somehow. SO they prepped a very long doc. It has a paragraph stating what we are walking away from - litigation, lawsuit etc. 4 paragraphs talking about what I am obligated to and what they are obligated - walk away, speak no ill, don't sue. And then 2 pages of bullet proofing - Severability, Non disparagement etc. The most important part in my opinion is the Obligations paragraphs where it says clearly I will "Dismiss with prejudice" and they will "Dismiss with prejudice" I am to inform AAA (Already did and they have dropped our case) they will inform the courts. They will close the account and agree to drop any further pursuit etc. etc. I think the reason the form above is so short is that its a court doc. What do you think?
  3. @CCRP626 It appears to be a simple dismiss with prejudice to me, but I don't really know the difference. It says I have to keep it confident and not say anything bad about the other party and I agree not to sue now or later. Its about 7 total pages including the 2 sig pages. And they asked me to inform the Arbitrator or give them permission to do so.
  4. I am doing a happy dance!! I did as you both suggested @fisthardcheese and @CCRP626 I replied to the attorneys and offered a mutual dismissal with prejudice and today received "My client has advised that they would be agreeable with a mutual release in this matter. To that end, attached is a proposed agreement for your review. If agreeable, please execute and return a copy to my attention." Thank you so much for your help, I never would have emailed the attorney directly to make this proposition if you hadn't recommended! Thank you SOOOO much!!!
  5. @fisthardcheese does it do any good to demonstrate that we have absolutely no money to the Arbitrator? We don't own our home, we don't own our cars, we have medical bills, tax debt (working directly with the IRS) and student loans. Should they rule against me, I would likely be forced into Chap 7 Bankruptcy. @CCRP626
  6. Thank you again @fisthardcheese and @CCRP626 I will post as things progress any results and if I have any other questions. I have to say just posting and getting feedback helped me talk myself off the ledge last week. Thank you
  7. My email was in flux (Google insanity) when I received an email from them. I just found it in my online cache. The law firm requested a counter offer on May 25th should I counter offer with walk away with prejudice? @fisthardcheese @CCRP626
  8. Okay @CCRP626 I don't understand the reasoning behind this whole procedure - I just reviewed the rules again. They are suing me for $2655, They had to pay $2594 in order for this to proceed. Now that an arbitrator has been appointed they can't retrieve that. They have to pay $1700 per day for the hearing. How is this to their benefit? Why on earth didn't they drop it?
  9. @CCRP626 Thank you, yes I know that the AAA refunds disappear over time. But I think they have 30 days, the problem is I don't know when the 30 days started - did it start when they paid the fee? Or did it start when the judge filed the motion to compel arbitration? And don't they have to pay an additional fee every time we sit down with the Arbitrator? $1700 per day I think. So they more hearings the better. As for the appeal, yes the cardmember agreement says I can appeal immediately any decision and at that point I think I can request a 3 person Arbitration, maybe? I need to look again. I will settle if it is a reasonable settlement, but that hasn't happened yet.
  10. @fisthardcheese Is discovery just another word for evidence?
  11. @fisthardcheese No, they only offered full payment over the course of 24 months as a settlement so I didn't respond because I wasn't interested in that offer. I probably should have offered to walk away with prejudice right?
  12. Thank you @fisthardcheese you are right, I am not panicking exactly but I am scared. But then I realized, why I am I scared. What have I got to lose? I was just surprised they paid the initial fees. Okay so I will set the conference call for the last day they allow and insist on on an in person hearing. I will ask for 30 days to complete full discovery. I can't tell you how much I appreciate the advice. Thank you thank you thank you
  13. @CCRP626 @fisthardcheese @NormInGeorgia Okay I have read the rules. It appears I am definitely coming from a weaker place than Barclays - is settlement still on the table now that they have paid the fees? I believe they can get a refund if we don't meet - They approached me via email. Or should I just let this play out.