thefinz

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About thefinz

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  1. @Jking57 I have learned one lesson for sure from this situation, and it is something that @fisthardcheese has said time and time again. One of the best things about arbitration is it takes a lot of leverage away from attorneys while driving up costs up for the creditor. You quickly find out how fast the attorneys have no clue about rules and procedures
  2. also @CCRP626 thanks for always giving a good bit of advice when needed as well.
  3. Well, yesterday was a pretty good day for me. I finally got my settlement from Barclay's. It was all that I wanted. Completely reasonable and all I could hope for. I am so glad to have this account settled. I hope that now I can start to move back on my journey to rebuilding credit. In this one month I have went from low 500's to now low 600's on my fico. Once again thanks @fisthardcheese and @NormInGeorgia for the help with the Arbitration process. I am so glad you guys are here to help myself and others with our problems and help aid and give us courage to not back down to these bullies.
  4. CONGRATS!!!! I can only hope for the same for me in my case. @fisthardcheese and @CCRP626 are huge contributors and life savers on this board.
  5. I am getting so frustrated with this case right now. This is now the second time that I have had a dismissal in my hands and now it gets flipped on me. I just received an email from AAA and Claudia Roark concerning the arbitration here it is: Dear Parties, This will acknowledge the below email from Ms. Roark, representing Barclays Bank on the above-referenced case, which the American Arbitration Association (AAA) declined to administer per communicated to you in our letter dated July 25, 2016. Ms. Roark inquired as to why the AAA declined to administer this matter and we have been working with her to address the problem. While we will not go into the details of a confidential case I will say that on a previous matter involving Barclays Bank there was an outstanding, unpaid invoice. However, once Ms. Roark was informed of the situation she immediately addressed it. Therefore, the AAA will again administer cases involving Barclays Bank and their consumers. Ms. Roark has asked the AAA to re-open this case. Therefore, we ask XXX to please confirm she wants the AAA to proceed with this matter. Thank you, cathe Now I have Claudia (I assume an in house attorney) from Barclays asking me to kindly advise her of the basis of the claim. My question is do I just tell her to refer to the demand for arbitration form that I sent, or do I respond vaguely since there has been no formal complaint filed yet. I just wish that for once I could just catch the break that I so want with this case. I even had my motion for sanctions drafted too... erg
  6. On this account, if you have been paying them (asuming they are the collection agency) you are better of to continue to pay them off as you have restarted the SOL and they are very likely to sue if payment is stopped.
  7. 1st is this a synchrony amazon card,? 2nd what is the amount in question that mcm is asking for? 3rd does this match the chargeoff amount?
  8. Capital One is a sub prime lender. I burnt them for $2500 non bk, and was just recently approved for $500 again. This time I'm not going to be stupid like I was in my 20's.
  9. so with that being said should I now file the arbitration again. I got a little trigger happy and filed before the judge signed the order. I now have a signed order form the 15th. I did not get a chance to upload it to the case after the initial filing with AAA, but I did get the same form that I got from my Midland case saying that they failed to pay so AAA can't arbitrate that matter. I just received that notice today. Would I take this back to the court and file a MTC arb a second time and Motion for sanctions. Or would I have to refile the Arbitration with AAA now that it is court ordered?
  10. Actually I finally got the paperwork. The plaintiff Dismissed the case the same day the judge signed the order for my MTC Arb. So now it looks like I am going to be taking this another way in order to settle this account. I was so looking forward to mutual dismissal. Oh well it looks like my next step is writing a BBB complaint against them now.
  11. All the court order stated is the case is stayed pending the outcome of Arbitration. I did send in a copy of the AAA demand with the MTC Arb. Also in checking the court docket for the case it now shows a being DWOP, so I am guessing that is possibly a mistake. I have to call the clerk on Monday. Also @BV80 in the cardmember agreement it lists JAMS as a secondary arbitrator for the case. Should I file with them, should I just sit back and wait to see what happens (maybe settlement),or possibly send an email proactively offering settlement before filing with JAMS?
  12. Ok, so long story short, I have a court order to arbitrate with Midland now, but however I just received a letter from AAA that they can not arbitrate the collection of the account or the counter suit that I filed. Do I take this to the courts with a MTD or do I attempt to file with JAMS since they are in the contract as an allowed arbitrator on the case. AAARefusal.pdf
  13. Well I just have rotten luck with this case. My dismissal was overturned, as the judge "erroneously signed" the order. Now I am in process of Arbitration. I am hoping to get this taken care of, because this is just got me all frazzled. I will let everyone know that I filed my MTC arb with the court. I have a hearing on July 7th. Now my question for those who have experience in this field, do I need to file my complaint with the Demand for Arbitration, or when do I do this. I am a bit unsure.
  14. Sorry to revive this, but I just got the weirdest thing today. I received a set of interrogatories, and admissions from the plaintiff (barclays) today. I have the signed order from the judge that states the DWP that was entered on 5/12/16. The attorney for Barclays sent the discovery on 5/19. Would this be considered a FDCPA violation or something of the kind? Sorry once again this is a first time that I have had a careless attorney send discovery after judgement has been handed.
  15. Just to update on this. I was taking advice of @NormInGeorgia and @fisthardcheese and going to go the route of taking the OC to arbitration, however, I thought I would be ballsy enough to file a MTDWP for lack of standing and failure to state claim. I mentioned that there was no signed affidavits, no signed contract, no cardholder agreement stating rights of consume and creditor, as well as no statements proving debt owed from $0 balance. I can't believe it, but my case was actually Dismissed with Prejudice. I was holding the papers to file MTC arb, but now there is no need to. Thanks guys for the great advice.