LaneBlane

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LaneBlane last won the day on February 7

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About LaneBlane

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  1. If you don't have a copy of your loan documents, you should be able to obtain this online (lendingclub.com) if you still have access to your account. Look for the arbitration clause.
  2. Was this a personal loan or a business/commercial loan? If the loan was taken out for a business, and the loan documents indicate the funds are to be used for commercial purposes, you won't be able to file a consumer arbitration case. Filing a commercial arbitration case will involve a much larger financial investment on your part (typically a 50/50 split).
  3. They could have... but they didn't. You need to be prepared to cite a particular consumer law concerning this. Also, what does your agreement with Barclays say with respect to their responsibility to dispute a customer's credit card transaction? Do they explain an appeals process? You should have filed a police report in New York shortly after this happened and made Barclays aware this action had been taken. This would have given so much more weight and credibility to your dispute. Have you provided Barclays with any information concerning the investigations involving the FBI
  4. Barclays doesn't have the $19k. The merchant does. So... a merchant stole $19k from you and the police did nothing? Have they conducted an investigation or interviewed the merchant?
  5. I agree with Brotherskeeper here. The agreement reads, "...you may have the right not to pay the remaining amount due on the purchase." The amount you didn't pay was $13k, the amount Barclays credited. As Barclays explained, they did not reverse the $19k because you'd already paid this portion of your credit card bill. You'll have to find out if this is a violation of any law. Have you filed a police report concerning the goods that were never delivered? If not, why?
  6. You won't need to state case law during the preliminary phone hearing. However, you should know the laws and federal consumer rules that apply. What's discussed during the preliminary phone hearing will depend on the arbitrator. My hearing didn't include any discussion about the case itself. One thing you need to research is what recourse you have if you file a credit card dispute that's dismissed by the credit card company. What does the FCBA (Fair Credit Billing Act) say about this? The merchant is the party who received the $19k you're trying to recoup. Therefore, you need to fin
  7. I've only had to respond to about five chargebacks since I started my own business 20+ years ago. If a customer claims they did not receive their merchandise, I need to provide proof of shipping that includes a tracking number and signature confirmation. Without this, I would be on the losing end. If I were in your position, one of the first things I would have done is to file a police report with my local police, as well as with the police in the merchant's jurisdiction. Afterall, by what you're saying, they committed theft to the tune of $19k. By the way, NEVER go off logic. Wh
  8. I didn't prepare a brief in my case, so I can't advise you on this. If they ask for one during the call, you can tell them you can have one prepared within 30-days if that's how long it will take you. I personally believe you need to deal with some issues on your case as a whole. Understanding the nature of your credit card dispute (your side vs. the merchants') would be helpful to me if you need some guidance. You said you did not receive what you paid for. Was the item shipped and never arrived? I own both an online and a brick-and-mortar store, so I may be able to help.
  9. Now I understand. In my opinion the fact that you paid $19k of the $32k charge you disputed shouldn't make a difference. Let's say I purchased a $3,500 guitar for my husband that was a special order that would take four weeks to ship. If I received the credit card bill before that time, paid the full amount, and the guitar was never received, I would still be able to file a credit card dispute for goods not received. (Technically a merchant isn't supposed to charge a customer's card until the item ships. I don't know anything about the nature of your credit card dispute for goods
  10. $13,000 was the balance that remained on the account after you made a $19k payment. Right? So, you filed a credit card dispute in the amount of $13k for goods not received? Was this on a single purchase? Also, do you have something in writing from the credit card company saying the dispute was ruled in your favor? You don't have to answer this... just curious what the purchase was for. OK. Now I understand this part. It seems as though you're entitled to a reimbursement of the interest and late fees you paid that shouldn't have been added to your account. Can you break d
  11. The two statements above are inconsistent. Did the Barclays attorney reduce your balance to $0 or did he only remove a couple hundred dollars in fees? What is the current balance of this account? If I recall correctly you said you charged $32k on your account and paid $19k, reducing the balance to $13k. Why did you dispute the charge?
  12. @LaneBlane I am requesting the ~ 19k and the ~ $500 in fees. For a total of ~ 20k. Is $19,500 the current balance of your account? I just want to understand if you're asking them to write you a check, or if you simply want them to correct the balance with no exchange of money.
  13. You really need to come up with a better way of explaining the situation. It takes far too long to read this and decipher what you're saying. It still isn't clear. If there was a glitch, you should easily be able to identify this by reviewing a running balance of your account. Have you requested this from Barclays or their attorney? If you had a balance of $13,000 which should have been zeroed out after the award you received, and the balance increased from $13,000 to $19,000 instead, you'll be able to see when this adjustment was made and all the interest and fees that have accrued s
  14. My in-person hearing took place in Minneapolis at the arbitrator's office at the beginning of December 2020. Looking at AAA's website, things may have changed. They have an online Covid-19 Resource Center that reads, Now, with the “new normal,” our hearing locations, like most physical locations, are not accessible. Hearings must take place with all the participants working remotely, which adds a new set of challenges. https://go.adr.org/covid-19-virtual-hearings.html All who attended my in-person hearing were required to follow state Covid-19 guidelines which included a mask mandate.
  15. I wanted to add one other thing. You should be able to easily and clearly explain how much you believe Barclays owes you and why. Think of this as prep work on your two-minute opening statement for the in-person hearing.