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About tinyturtle

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  1. @fisthardcheeseDiscovery was due last week Friday and I sent over all my information in a web file link (dropbox) as it was large. I never received anything from the lawyer for Barclay until mid day today where he claimed he tried to send it on Friday but it bounced back because file was too big as if this is his first law case. Do I have any recourse or anything I can bring up to the arbitrator?
  2. AAA process you mean? I know I asked this from others but just wanted to get your final opinion before my hearing soon what you think I should specifically ask for in discovery? Is it during the prelim hearing that I will ask for what I need in discovery or just the fact that I am requesting a full discovery is discussed?
  3. Sent in the offer and was rejected next day without a counter
  4. @fisthardcheese Might be a stupid question but am I meant to just email the lawyer or draft up a proper letter/document? Or would I submit it through the AAA website?
  5. Once again thank you so much. Will give it a shot and keep the thread updated.
  6. Thank you for that advice. Is there a specific settlement letter or template I should use or is it as simple as emailing them this is my settlement offer...?
  7. Yes. but there is no balance because I paid it off as well as paying off around $500 in fees that should not have been assessed in the first place. But was assessed because of a glitch in their system.
  8. Should all be explained in the thread above but they are not suing me and I don't owe them any debt. I initiated arbitration because I believe they owe me money and they violated laws. And account is not open. They closed my account prior to arbitration being initiated.
  9. @fisthardcheese Perhaps I am just completely not knowledgable in these terms but doesn't a mutual dismissal with prejudice assume they have something to come after me for? This isn't a case of debt they are coming after me for. I don't owe them anything. In fact, I am arguing that they owe me money. If I ask for a mutual dismissal with prejudice aren't I in effect asking for this case to be dropped?
  10. The arbitrator didn't seem to want to discuss anything while other party wasn't there. New call has been scheduled for next week. Should I wait till after the pre lim call or prior to the new call date? I was under the impression, after reading a bunch of threads here, that it puts me in a bad position/disadvantage to be the first one to come to the settlement table. But, if that is what you recommend I would have no problem doing so. How much below my initial demand should I start with?
  11. @fisthardcheese Any advice on this? I imagine with your experience with arbitration attorneys missed prelim hearings more than once. Wondering how you would have handled something like this?
  12. I understand and appreciate your input. I did not see anything about an appeals process. I filed a police report in Los Angeles (where I reside) not NY. They informed me they would be sending it to NY but it does not seem they did and after countless followups nothing came of it. But, the report was not directly about Barclays but on a broader scale since this incident was not limited to just Barclays credit cards. Not much to provide since the FBI and DA has done nothing or provided me with anything since our initial conversation as they said this process could take several ye
  13. 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
  14. 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
  15. 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