Bees

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  1. @firsthardcheese Would you have any recommendations as well?
  2. The judge just asked if I had a lawyer help me write the MTC or if I was attorney. (I used the template from the one on the arbitration forum on here). She assumed I had help anyways. There seemed to be a lot of assumptions. Is there a way to request another judge based on bias?
  3. Honestly, it seems as if she didn’t read the credit card agreement.
  4. I may possibly have an FCRA claim as Barclay did continue to report inaccuracies. I will check up on that. thank you so much for your help! this has been such a process that it has motivated me to take a class on contract law.
  5. I don’t know if I have the ability to appeal if she denies my MTC because as I understand it, in Hawaii small claims court, there is no possibility to appeal once a judgement has been passed. I do have a question though, can she deny my MTC if it so clearly states in the Barclay credit card agreement that it is an option? Also, what can Barclays attorneys show to disprove the agreement/arbitration? Thank you so much for your help. What I had thought to be clear cut doesn’t actually seem to be the case.
  6. Thank you! I mainly included the FDCPA because I wasn’t sure what to include when I wrote the demand for arbitration. Is there a recommendation you have for an arbitration strategy? I will look up the caselaws regarding the MTC. I just don’t see why the judge wouldn’t grant it because as you mentioned this is from Barclay. It was noticeable that she was familiar with Barclays attorney. I left feeling very shaken , saddened and worried because she just seemed so biased. This comes at such a difficult time because I am also going through identity theft and have to deal with that as well.
  7. I also had a hearing today for my MTC. Barclays attorney stated that they were not aware of the hearing date. I have the arbitration opened already. I opened it when I filed the MTC. The judge did not agree with me regarding arbitration but she gave a continuation for the hearing for the MTC on 1/31. Barclays did send an email to AAA on 11/21 stating that there was a hearing set for today 11/29 and they would update after that. I did not remember that until after my hearing was over. The judge pretty much argued with me stating that because I opened arbitration, I had to pay for it. She also said something to the point that it seemed fishy and why would Barclays pay $1700 for a $2500 debt. She seemed pretty biased. Honestly, I don’t know if she will grant me my MTC but I don’t know on what grounds she could deny it.
  8. Here is the letter that was drafted and sent by Reliant BRCLYSBANKDE P.O. BOX 8803 WILMINGTON, DE 19899 10/01/2018 To whomever it may concern: I am writing regarding an issue with the way you are reporting this account on my credit file. I have noticed that your company has reported to the bureaus that my account was charge off. According to the Federal Fair Debt Collection Practices Act, I have a right to have the alleged debt validated by you. I respectfully request to be provided proof of this alleged item, specifically the contract, payment history, note or other instrument bearing my signature. I expect to see a response from you within 30 days proving the validity of this account. If you cannot validate this account, then I ask that you immediately delete this from my credit reports
  9. I have been using Reliant Credit Repair to repair my credit and Barclay has not as of yet sent me any info regarding validation of these accounts as I believe is covered under these laws? These were requested by Reliant Credit Repair on multiple occasions with bo response by Barclay.
  10. This was also a reply that I received. Just to confirm. I will not be responsible for costs of arbitration per the card member agreement? I am just wondering because of the response from above. Dear Pro Se Administrator The applicable language in the Barclays Cardmember Agreement states, “We will pay, or reimburse you for, all fees or costs to the extent required by law or the rules of the arbitration Administrator… In addition, in any arbitration that you elect to file that could be heard in Small Claims Court in your jurisdiction, we will pay the filing fees and other arbitration fees above the cost of filing in that Small Claims Court. If you are required to advance any fees or costs to the arbitration Administrator, but you ask us to do so in your stead, we will consider and respond to your request.” We understand that the Claimant has paid the $35 amount of the filing fee in Hawaii Small Claims Court, and has requested that Barclays pay the $165 difference between the Small Claims Court filing fee and AAA filing fee. Because the jurisdictional maximum in Hawaii Small Claims Court is $5,000, please confirm that Claimant is aware that she is unable to seek in excess of $5,000 in this arbitration. Thank you.
  11. Hi, I am currently in arbitration with Barclay that I initiated after they filed a suit against me in Hawaii. I have received a copy of what their attorneys have sent to AAA and am trying to draft my response but am very unsure how to go about it and would appreciate any assistance. Below is what I have received. I initiated the demand for arbitration stating, "I am seeking arbitration due to violations by Barclays Bank of the FCRA and Hawaii Deceptive Trade Practices Laws as well as any and all present claims, counterclaims, disputes, or controversies related to this Agreement." I paid the fee and a case is now open. I opened my card in 2011 and contact Barclay to receive a copy of that agreement but have not received it. Would you also be able to recommend where I might find a copy? ANSWERING STATEMENT COMES NOW Barclays Bank Delaware ("Barclay's") and files this Answering Statement pursuant to Rule 2(c) of the Consumer Arbitration Rules. ANSWERING STATEMENT Barclays denies each and every allegation in Claimant's Demand for Arbitration and demands strict proof thereof. DEFENSES 1. Claimant's Complaint fails to state a cause of action against Barclays upon which relief can be granted. 2. To the extent any action or inaction of Barclays violated any statute or state common law doctrine, which Barclays specifically denies, such action or inaction was not intention or willful. 3. Any violation of the law or damage suffered by Claimant, which Barclays expressly denies, was due to the actions and/or omissions of Claimant or others, and does not giverise to any liability against Barclays. 4. Claimant's claims are barred, in whole or in part, by the Barclays Cardmember Agreement. 5. Claimant's claims are barred, in whole or in part, by the doctrine of acquiescence, assumption of risk and/or waiver. 6. To the extent the Claimant has failed to mitigate her alleged damages, she is not entitled to relief. 7. Claimant has not alleged or sustained any actual damages, she is not entitled to relief. 8. Any amount sought to be recovered in this action is barred in whole or in part by the amounts owing from Claimant to Barclays. 9. Barclays reserves and any all other defenses available to it under the applicable statutes. 10. Barclays reserves the right to assert additional defense, counterclaims, and crossclaims as they become apparent through the investigation process or discovery. PRAYER FOR RELIEF WHEREFORE, Respondent Barclays Bank Delaware respectfully prays the Arbitrator for the following relief. (1) That the Arbitrator enter judgement in favor of Barclays. (2) That the costs of this Arbitration be taxed against Claimant as by law allowed, and (3) For such other and further relief to barclays as the Arbitrator may deem proper and just. Thank you so much for your help!
  12. Thanks so much! I guess all I can do now is wait to be served, check everyday on my motion/case and research what to do to for arbitration. Would you recommend anything in the mean time?
  13. @NorminGeorgia and @firsthardcheese Thank you so much for this post. I am in Hawaii. I had been served by Barclay and had my first hearing yesterday. I received a lot of help from Harry in a post I have but up until 8/29, I did not know what to do details wise but this post has helped me tremendously. I did not get a chance fo file my motion to compel in time and during the hearing, denied all claims and requested to file a motion to compel arbitration. The judge recommended that opposing counsel and I talk, so she asked for a continuance which the judge granted. She met with me and asked to see what paperwork I had, but I told her that after I file the motion, they would receive a copy. In the motion, I included the letter to Barclay, the demand for arbitration to AAA and a copy of the credit card agreement. I mailed the letters and forms and filed the motion yesterday. The only thing is I forgot to change the wording to she on the 3rd page of the motion. I used @NorminGeorgia motion as my sample and forgot to change the his to her. I am trying to figure out how to do that now since my motion is already filed. Would you have any recommendations? Also, while I was looking up court records, I noticed that I had another claim against me by Barclay that was filed but I have not been served for that one yet. Would you recommend already filing a motion to compel and starting the arbitration process? My 1st claim is for $2500. This other one is for $3500 I believe. Could I arbitrate for them at the same time or even together? thanks so much for your help!
  14. Ok. So, I went to court. I hadn’t filed a motion to compel in time and when I brought it up in court, the judge granted a continuance. He had asked that I speak with the OC’s attorney. She had asked to see what paperwork I had and I told her that all necessary paperwork would be included in my motion and that they would get a copy after it was filed. So, I filed my motion to compel arbitration which included a copy of the letter sent to the OC stating that I am electing arbitration and for them to cease litigation, a copy of demand for arbitration sent to AAA, and a copy of the credit card agreement. It is waiting to be seen by a judge. I already mailed a certified return receipt copy to the opposing attorney’s office and will file a certificate after stating that it was sent and received. I was re-reading my motion after it was filed and noticed that I put HIS when I am a HER, this error is only in one part of it. Will this make a big difference? Would you be able to refer me to where I can look up how to amend a motion to change it to her? Also, when I looked up my case online, I noticed that they, same OC, Barclay, had another lawsuit against me that I know nothing about. It is another statement of claim but I have not been served on it yet. Can I compel for arbitration on that one too even before being served? Thank you!
  15. Thank you for that link. I did look at it before but was a little confused. However, based on the following: (b) Motions and other papers. (1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. (2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by these rules. (3) All motions shall be signed in accordance with Rule 11. According to (1), I should be able to make a motion during hearing?