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About tinyturtle

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  1. Barclays could have disputed it when they disputed the 13k. I am arguing that they should have done that. The fact that they failed to do so and now the merchant has the money is a different issue. I filed the report in CA and the merchant was in NY. I followed up several times but nothing was done. It is more complex than this. This merchant defrauded lots more people (in the millions) and basically ran away. It happened nearly 2 years ago. I know the FBI and DA in NY were looking into it but I have reached out several times over the 2 years and have yet to hear any update. They told
  2. I had my prelim hearing today and Barclays failed to appear on the call. The arbitrator and I stayed for 10 minutes waiting until she decided to end the call and schedule another meeting. She seemed unsure when I asked if they will now be billed another fee for rescheduling and believed it wouldn't add any cost to them. Do I have any leverage I can apply since they missed this first call? Maybe bring something up that I now have to take off more work for the rescheduled call or is that petty? Not sure what to make of this. If I stated this rule during the call would it have
  3. Going off what you do know so far... Can I ask how you could possibly assume a RICO violation? Currently looking into if other banks all have similar policies. If they don't then I believe I can use the argument that since it's not a common condition among other banks and it surprised me or caused me hardship it can be striked out. Of course that is all something I have to look deeper into. Also, (copying from my prior post since did not get a response) not sure if I can use this but per UDAP 1770: 19) Inserting an unconscionable provision in the contract is a violation. W
  4. It's a great question. I believe that such terms are simply unjust and if I can arbitrate them for free then why not? Not sure if I can use this but per UDAP 1770: 19) Inserting an unconscionable provision in the contract is a violation. With that, among the other things I am claiming they violated in the initial demand letter, I said if they refunded me the 19k then I wouldn't pursue them for all these other violations. Do you think that the arbitrator will just throw out that claim because the terms state they are able to do such or is it not as cut and dry and something I can arg
  5. Under their terms they have a right to deny my dispute: "If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. " RICO is a pretty big statement to just throw in the brief. Do you have any advice on how I could incorporate it in my brief?
  6. Hopefully it works out. Finding it difficult to find case law and specific codes they violated to cite in the brief but will keep digging.
  7. Thank you! Is the case not really discussed? Will I not be called on to discuss my claims on this call? I am glad I asked. Appreciate the advice! Is there an alternative or smoother way I can get a similar point across to barclay without sounding unwise?
  8. @LaneBlane@fisthardcheese Would it be unwise if I confirmed in the prelim hearing my right to an appeal and the fact that it would be in front of a 3 person panel? Like @fisthardcheese mentions in his pinned post about arbitration these OC's, money is not an issue and they likely won't care to take this till the end. But, perhaps if I remind them I have the right to an appeal, and that I have every intention to take it all the way, they will consider settling now as opposed to when they get the next retainer bill. My main concern is that the arbitrator might see it as a premature discussi
  9. Appreciate the advice. I guess one last question I have for now is will I need to state any of the laws or decent my case on this initial prelim hearing? I’m still searching all the laws and violations and creating my brief and was wondering will we be talking about the case in detail or more so just the timeframe for the first meeting?
  10. Appreciate all the help and the willingness to provide further guidance. Without going into to much detail... The item never shipped in the first place and the merchant, which I never had issues with before, had no interest in responding. It’s pretty complicated to explain and I hope you can understand that I am not willing to post publicly about the dispute but am happy to discuss it privately if you have the time/interest. But, I am going of the logic, and I had a lawyer confer with me, that if they resolved and ruled in my favor part of my dispute it’s not equitable for t
  11. I filed a dispute for the full amount. They only rewarded me for 13k (remaining balance not the full 32k) and said since I paid the 19k already I am not entitled to the dispute. yes I have the letter awarding my dispute for the 13k sorry it took so long for me to explain it! Welcoming any tips on how you best feel I should explain it going forward. I can’t say it’s a direct correlation that I was denied credit or rates increased. But, I also can’t say it’s not. If that makes any sense. was hoping you could just respond/confirm to these questions I posted a
  12. I apologize for the confusion let me try to break it down simply. Initial charge was 32k. 19k was paid shortly after. 13k was won in the dispute. Since I paid 19k they refused to reward that dispute. Dispute was for goods not received. Besides for the 19k paid, I also paid some minimum payments and interest that shouldn’t have been paid (around $500) until I realized the error they made. The current balance is $0. Prior to the wipe by the lawyer there were a couple hundred dollars in interest and late fees that I did not pay after recognizing their accounting error. After my dem
  13. No. After my demand letter was sent to Barclays the lawyer wiped my balance to 0 because he understood what happened with the glitch. However, the amount he wiped was a couple hundred dollars in fees and such that was charged per the glitch and their failure to correct it/answer my calls. If you recall I had already paid 19k before disputing the charge and around $500 in fees and interest before I myself realized what was going on with the their glitch.
  14. @LaneBlane @fisthardcheese Thank you again for all this great information! Will definitely work on making my case/story sound way less complicated and to the point. Appreciate the ideas on what to ask for in regards to discovery and for a witness. If anything else comes to mind please do share! To confirm, on the call, I would request 30 days to submit my detailed brief and schedule the hearing 3-4 months out to allow for proper discovery? And do I need anything formal written ready to submit or just to have my case/story ironed out and ready to present? I did not request i
  15. Thank you so much for this and thank you @Brotherskeeper for tagging him in this post. It is very much appreciated! @LaneBlane Prior to submitting the case for arbitration I sent a demand letter to Barclays. Referencing my case and my demands and if my demand were not met I would proceed to arbitrate. Barclays lawyer then responded basically rejecting my claims and my demands. That was outside of arbitration though if that matters. In regards to the formal brief . @fisthardcheese recommended to have one made a couple posts above. I guess my main question for now is for the pre lim he