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Found 5 results

  1. Hello, I have an open thread involving PRA suing me for a Barclay’s card here, but I wanted to create a separate thread to bring attention to some nuances in the Barclays credit card agreement. Specifically, there are relevant parts to the agreement which are outside of the arbitration section and may be missed by some people (myself included). First of all, the arbitration section has verbiage that states: "Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration.” Now while the sounds all warm and funny, it’s important to note that AAA (which is the arbitration forum designated by the agreement) caps consumer fees at $200 anyway, so there may not be a whole lot of intrinsic value to the consumer in the above statement. Now, in the" default" section of the agreement there is verbiage which states “As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement (including court or arbitration costs and the fees of any collection agency to which we refer your Account).” While this may seem to conflict with the verbiage in the arbitration section quote above, it’s important to note that the sentence begins “as permitted by applicable law”, which I believe implies that the debtor is on the hook for arbitration costs which are not explicitly fees, since the contract itself would be the applicable law. This would imply the arbitrator’s compensation is owed to the creditor. AAA rules state that “Arbitrator compensation is not subject to reallocation by the arbitrator(s) except as may be required by applicable law or upon the arbitrator’s determination that a claim or counterclaim was filed for purposes of harassment or is patently frivolous.” This appears to pave the way for an arbitrator to reallocate their compensation based on the verbiage in the default section of the agreement, even in the absence or frivolous claims or harassment. So if you get sued by Barclays or a JDB, and you elect and are granted arbitration, you may be on the hook for at least $1500 ($2500 if there is a telephonic or in-person hearing) despite no wrongdoing of your own. The final point I would like to bring up is in the "governing law" section, which states “THIS AGREEMENT AND YOUR ACCOUNT WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE AND, AS APPLICABLE, FEDERAL LAW.” Delaware Law has a 3-year statute of limitations for credit card debt, and while this is something that Barclays isn’t likely to overlook, it can be easily missed by a JDB. So if you are sued by a JDB for a Barclays card debt past the 3 year window, a SOL defense in court might be your best option. And if you have already commenced arbitration, this is something worth mentioning to the arbitrator as they have, to the best of my knowledge, the option of considering a SOL defense (and also the option of disregarding them). Hopefully this is helpful to anyone being sued/or in arbitration for a Barclays card debt. The verbiage quoted is found in both the 2014 and 2020 Barclays card agreements. Thanks for reading and any inaccuracies are welcome to be corrected.
  2. I received a summons on Friday for a $12,000 credit card debt with Barclays. The last time I made a payment was September 2017, it’s listed on my credit as a charge off now. The first collection company was northstar, then one named LTD and then the last letter I received was sometime last year from Lloyd and McDaniel. I got tied up in this after I left my job to stay home with my first daughter years ago my husband lost his job a few months later and was unemployed for about 3 months. We are pretty much paycheck to paycheck especially with two small kids but I do have some money from our tax refund and would like to try to settle. Talked to an attorney and he said he usually can settle for about half of the amount owed but his fees would cost me about $2400 and if I make payment arrangements they’re usually for the entire amount of the original debt. There is no court date listed on my summons, just basically shows me as defendant and Barclays as plaintiff and says i have 14 days to file an answer. I have no idea what to do.
  3. I have a situation with Midland and Barclays very similar to another thread I’ve seen here but I've already answered with something I found elsewhere online. Using the TurboCourt.com form I responded to my summons with the below statement: Responding party objects to this request on the ground that it is vague, ambiguous, unintelligible, and lacks adequate supporting documentation. The plaintiff has not proven the debt is valid of Defendant, or the amount of the debt is accurate. Defendant insists that the plaintiff provided the original signed contract agreement, account statements, purchase receipts, and account balances from zero to present balance for said account. Furthermore, Defendant denies every other allegation because request calls for admission of matter Defendant denies and thus it is improper. Since filing my answer I have received a Disclosure Statement, Motion for Summary Judgment, and several other documents. I’ve attached a redacted copy of all documents, excluding the 50 some odd pages of statements. I am unsure of what to do next. Can I still respond with arbitration as was advised on the thread I linked above or is it too late for that or not advised at this time? I would like to fight this if possible as I believe this is a fraudulent debt. Please see my answers to the needed questions. Thanks for any assistance. 1. Who is the named plaintiff in the suit? - Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) - Peter M. Balsino 012049, Brian Stanley 031319, Brandon C. Holub 030533, Daniel W. Hoffman 030890 - Tempe, AZ 3. How much are you being sued for? - $1857 4. Who is the original creditor? (if not the Plaintiff) - Barclays Bank Delaware 5. How do you know you are being sued? (You were served, right?) - Served at home 6. How were you served? (Mail, In person, Notice on door) - In person 7. Was the service legal as required by your state? - Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - None 9. What state and county do you live in? - Cochise, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - 8/25/2014 is what is claimed 11. What is the SOL on the debt? To find out: - 6 years 12. What is the status of your case? Suit served? Motions filed? - This is the most current info, not sure what it means with a date in the future? - 9/3/2017 CAL: TKL 90 DAYS IMP.DISMISSAL - 8/7/2017 CAL: TKL FILE TO SEND TO ADR - 7/19/2017 MOTION FILED 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - No, wasn’t aware of it until served 14. Did you request debt validation before the suit was filed? - No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? - Received response to my answer after being out of town, it’s dated July 14, 2017, but I was out of town until last week, July 26, 2017 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Disclosure Statement, Motion for Summary Judgment, and several other documents I’ve attached redacted copy. Midland_Suit(redacted).pdf
  4. If down the line I file bk and include a Barclays account after going thru the arbitration process, will it not be able to be discharged because of this section in their cc agreement? Do I try to stay away from arbitration if there is a chance I will need to file bk in the near future? This section has me so confused as to it's meaning. Can anyone give me an better understanding please? This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the termination of the Cardmember Agreement and the Account relationship, including your payment in full, and your filing of bankruptcy. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement.
  5. I’m being sued by Barclay’s (Juniper Card)... Is there any way to force arbitration and, if so, is it possible to force them to use JAMS instead of AAA??? (I know Barclays prefers AAA because it's more creditor friendly.) All help appreciated; thanks for this great resource...
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