Rukini

Served by Barclays (OC)

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I have an alarmingly similar situation. The only difference is my total is $2665. I am considering the same course of action.

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Status update:  This how the AAA Pro Se Admin responded when I told them I thought an oral hearing was guaranteed if one of the parties asks for it and asked if they were going to adjust the invoice before an arbitrator is selected.   What in the world is going on?  I guess I am going to have to dig into the rules a little deeper.

" The issue of an in-person hearing will be addressed by the arbitrator.  If any billing adjustments are need, they will be addressed once a determination is made. "

 

 

 

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@NormInGeorgia  It sounds like your Case Manager is friends with someone at Barclay's.  This is one of the problems with arbitration.  However, I think you are doing well.  You have put the other party on notice that you want an in-person hearing.  Even if the arbitrator rules that a phone hearing is warranted, they still will be billed another $1250 (just won't have the travel expenses), and of course you have the right to object if the arbitrator rejects an in-person hearing to preserve the record for a possible appeal or as a way to object to a confirmation of any award in court.  Although I still don't believe it will ever get that far.

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@fisthardcheese Thanks for the encouragement.    

I go to court again this week to show proof to the judge that I have begun the binding arbitration process per the contract and that she should dismiss the lawsuit with prejudice at this point since it can only be resolved by binding arbitration now.   Let's hypothetically suppose the bank follows through and actually wins at arbitration, I think the procedure is they can take the arbitration ruling to the court at any time to get a judgement for whatever the outcome of the arbitration is.  So hopefully that means the judge has no option but to dismiss, correct?  Or could she leave it open until arbitration ends?

 If the bank contacts me directly to settle before they pay for the arbitration invoice, will it be via phone or email?

 

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2 hours ago, NormInGeorgia said:

@fisthardcheese Thanks for the encouragement.    

I go to court again this week to show proof to the judge that I have begun the binding arbitration process per the contract and that she should dismiss the lawsuit with prejudice at this point since it can only be resolved by binding arbitration now.   Let's hypothetically suppose the bank follows through and actually wins at arbitration, I think the procedure is they can take the arbitration ruling to the court at any time to get a judgement for whatever the outcome of the arbitration is.  So hopefully that means the judge has no option but to dismiss, correct?  Or could she leave it open until arbitration ends?

 If the bank contacts me directly to settle before they pay for the arbitration invoice, will it be via phone or email?

 

There are many steps between now and a confirmation of award and each step gives you a chance to derail them.  First, in the unlikely event they go through a hearing and the arbitrator rules against you, I would immediately request the optional AAA appeal.  (It's in the rules, but I will have to find the exact language).  In fact, I think some people say they will mention the appeal option during the initial phone consult when things like discovery, choice of law and scheduling are being discussed.  Some will use that opportunity to say they wish to retain the right for a potential appeal to the AAA appeal panel.  If the appeal option does not go in your favor, then they would have to take it to court.  In this case, I believe that would require paying the $450 State or Federal court filing fees to bring the case, and then you have the chance to object to the award confirmation by laying out to the judge why AAA and the arbitrator denied your due process with their biased proceedings.

I highly doubt the current judge will keep the case stayed if she has already said she will dismiss upon proof of arbitration.  She probably doesn't know how the process works and likely neither does the local Barclays attorney.  I would not educate them on it yet.  :)  But again, I would be very surprised if this goes beyond the first hearing.

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Okay, so I went to court today for the hearing to confirm to the judge that I did start the arbitration process and paid my fee to AAA.

It was a different lawyer this time from the same firm representing Barclays Bank.

I told him I had started the arbitration process.  Before I could say anything else he handed me a settlement agreement to read.

Eazy peazy lemon squeezy!!  I signed it.  All done.  Cannot give details but lets say I'm satisfied with it.  :banana::banana::banana:

Thank you @fisthardcheese , the good info you pointed me to was the key to success !

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17 minutes ago, NormInGeorgia said:

Okay, so I went to court today for the hearing to confirm to the judge that I did start the arbitration process and paid my fee to AAA.

It was a different lawyer this time from the same firm representing Barclays Bank.

I told him I had started the arbitration process.  Before I could say anything else he handed me a settlement agreement to read.

Eazy peazy lemon squeezy!!  I signed it.  All done.  Cannot give details but lets say I'm satisfied with it.  :banana::banana::banana:

Thank you @fisthardcheese , the good info you pointed me to was the key to success !

Glad to hear this.  Another good outcome in GA!!  :)

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Hello! I am facing a situation similar to yours @NormInGeorgia!! I have been following this post to help guide me throughout this process .

I went to court and filed an answer (I selected arbitration) through magistrate . Two weeks later i filed with the AAA and was approved. The day of the deadline(answer from OC) I get a notification stating that Barclay changed lawyers and denying all accusations. They were also demanding that. I have court tomorrow afternoon (continuation to prove that I started arbitration ). Should I respond back objecting to his response?

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Hi @bc_123  , I don't really understand where you are at in the process based on your post.  

You have Magistrate court tomorrow to show the judge that you did start the arbitration?    If you have proof that you started it, then the judge should dismiss the case in magistrate court.

I don't understand what deadline you are referring to or what demand Barclay was making.

 

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Sorry I think part of my post was deleted!

Currently I am going to my second hearing to show proof that I've received arbitration with AAA. Should I be emailing the arbitrator to see if the fee has been paid by Barclays?

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Did AAA already send you and Barclays the invoice indicating the fees that are owed by Barclay?    Did they actually assign an Arbitrator yet or has it not reached that point?   Yes, you can email AAA to request a status update.  

Since you have the proof you initiated arbitration, take any emails or letters you have from AAA showing the case number and present it to the judge and the Barclays lawyer.   The judge should dismiss the case immediately because the court no longer has jurisdiction when contractually binding arbitration is initiated per the cardholder agreement.   The judge does not and should not care if Barclays has paid the fee yet.  It's not important.  The only important thing is for that court case to be dismissed by the judge because you initiated arbitration.   If Barclays does not follow through on the Arbitration case, that's Barclay's problem and AAA would eventually close it for Barclay's failure to participate.  

 

 

 

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16 hours ago, bc_123 said:

Sorry I think part of my post was deleted!

Currently I am going to my second hearing to show proof that I've received arbitration with AAA. Should I be emailing the arbitrator to see if the fee has been paid by Barclays?

Don't get hung up on fees.  Who cares if/when Barclay's pays.  That is between them and AAA.  You will know if they paid beacuse AAA will assign an arbitrator and schedule a first preliminary phone conference.  Don't bring up fees in court or to the other side.

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Hello @NormInGeorgia!! Sorry for the late response,  my notification was stuck in the spam box!

I went to court August 6 to inform the  lawyer and judge the proof for an open case with arbitration. I was the first to be called and the lawyer informed the judge that I had given him proof of arbitration and was taken off the calendar .

A week ago I received a letter informing me that trial is set for the first week in October (magistrate court ). I was thinking with being taken off the calendar that meant the case was taken out of the magistrate court and to arbitration. 

This week I received an invoice from AAA informing me there is a $200 balance that needs to be paid . The contract states that Barclaycard will pay the fee if we ever had to settle in arbitration. Of course I don't mind paying it,  if that means starting the process!

@fisthardcheeseany advice?

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11 hours ago, bc_123 said:

Hello @NormInGeorgia!! Sorry for the late response,  my notification was stuck in the spam box!

I went to court August 6 to inform the  lawyer and judge the proof for an open case with arbitration. I was the first to be called and the lawyer informed the judge that I had given him proof of arbitration and was taken off the calendar .

A week ago I received a letter informing me that trial is set for the first week in October (magistrate court ). I was thinking with being taken off the calendar that meant the case was taken out of the magistrate court and to arbitration. 

This week I received an invoice from AAA informing me there is a $200 balance that needs to be paid . The contract states that Barclaycard will pay the fee if we ever had to settle in arbitration. Of course I don't mind paying it,  if that means starting the process!

@fisthardcheeseany advice?

What is the exact wording of the Barclay's agreement you submitted regarding the payment of fees?

Taking the case off the calendar was likely only for that particular day and hearing.  If the case is not settled before the October date, you will have to go back to court and show that arbitration is still on going. 

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Barclay did something way different then any of this. They sold it to another credit card company, so apparently now my account is with some other bank. *shrugs* i dont know lol

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@bc_123  what I did was find out the cost of filing a small claims case in my county.   Let's say it's $60 just for example.  That is the exact amount I sent to AAA and I sent AAA an email that quoted the exact language from the card member agreement where it states Barclays will pay all fees above that amount and that Barclays is responsible for the remaining $140.   Then AAA added that amount to Barclays invoice instead of mine.

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Keep any emails you exchange with AAA about this payment and any confirmation that payment is received by AAA so you can show it all to the Judge to prove you paid your part of the arbitration fees.  When you prove you have done your part, the Judge will dismiss the court case at the next trial date or Barclays attorney might contact you to settle.      

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That language about payments does essentially say that you have to pay the $200 filing fee to AAA.  You can try to use @NormInGeorgia's idea to submit proof of what your local small claims court filling fee's are and submit that along with an objection.  If you go that route, what I would do is email the objection wherein you just state that according to the contract between the parties, you are only responsible for the eqaivelant fees of what it would cost to file in your local small claims court.  State what that amount is and point to your attached exhibit.  Then I would fill out the AAA credit card payment form (found on their website in the forms link) and submit the payment for whatever that small claims fee is.  I would send all of that in the same email.

It will be up to AAA then to say if you must submit the remaining amount or if they will accept your alternate amount as paid in full. 

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@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! 

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On 8/31/2018 at 2:55 PM, Bees said:

@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! 

It is best to start your own thread so you get the best help and not confuse it with others in this thread. 

I would not worry about a single pronoun error in your motion. Typos happen all the time in court papers from attorneys.  I would follow the same steps for your second case with barclay's, except that I would file the MTC with your answer rather than waiting to go to court first.  You do NOT want to combine the cases in arbitration.  You want 2 separate, distinct cases in arbitration for these cases (the card agreement does not allow for combining of claims anyway).

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On 1/28/2016 at 9:57 PM, NormInGeorgia said:

okay so I went to magistrate court tonight.  I will go through the steps I took.  Attached are example documents.


Today before court I mailed the AAA demand for arbitration form and the Credit Card Agreement (got it at the CFPB credit card database online) to  AAA Case Filings Service.      There are  several ways to file it but I chose this one.   Used USPS Priority Express with signature required.  See www.adr.org for getting the form and getting a copy of the entire Consumer Arbitration Rules document.


Here are the AAA rules: https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased

Before court I also mailed the AAA demand for arbitration form and the Cardmember Agreement and the Notice for Arbitration letter to Barclays Bank.

Went to the courthouse in the afternoon and filed the Motion to Compel Arbitration.  I took 1 copy for the clerk and 3 copies for me to all get notorized and stamped.   The 3 copies were for:  me,  the defendant attorney, and the judge (if the clerk failed to put it in the file in time for court that night).   It did make it into the judges file before court time, but you have to prepare for the worst case scenario.

Went home.  Ate a sammich.

Went back to court at 6:30pm.  

Defendant lawyer and I went to hall way.   He did the normal thing where they try to get you to admit it is your credit card and hand you a big stack of every monthly statement and ask if that is your address and did you make these charges.   I did not take the bait.  I told him that what I put in my Answer is true:  I denied the claims because I have no knowledge of this alleged credit account, alleged debt, or the dollar amount specified.

Now for the big reveal !  SURPRISE !   Oh, I looked online and found a copy of the Barclays agreement and saw there was an arbitration clause.  So what I did was elect arbitration, mailed the required documents to Barclays and AAA, so now that means the court will dismiss or stay the case.  Here is YOUR copy of the motion, you can keep that.  BOOM!  hahaha!

He made a feeble effort to still get me to say it was my account but then relented to the fact that I had followed the contract instructions exactly for electing arbitration.   He admitted that the only thing left to do was for the judge to decide to stay or dismiss.  I told him , no problem I will argue to dismiss when you argue to stay.

Then we went to the judge.  The discussion between me, him, and the judge centered around these two phrases in the agreement:

(Make sure you know where stuff is in the agreement and even highlight key items mentioned in your motion it when you file it with the clerk, so it's easier for you to point out to the judge.  She wants to see it in the actual agreement document not just your motion.)

---ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO
LITIGATE THAT CLAIM THROUGH A COURT.

--- If any Claim is advanced in a court, arbitration may be elected under this provision instead, and the right to elect arbitration shall not be deemed to have been waived if the election is made at any time before commencement of trial.

I would have been toast if I had not mailed the stuff to AAA and Barclays earlier in the day.


The judge finally decided just to issue a continuance for one month, set a new court date, and grant my motion to compel arbitration.  


Then I went to the parking lot and did the happy dance because I had jumped the first hurdle in the process of trying to get a good settlement with the bank.  :banana:

 

example MOTION TO COMPEL ARBITRATION barclays bank .pdf

example AAA demand for arbitration form Barclays.pdf

example Notice of arbitration election to barclay bank.pdf

creditcardagreement_12-31-2014 barclay bank.pdf

Hi @NormInGeorgia inspiring work! And thank you for this post. I have some experience with a getting a JDB case dismissed but this is an OC.

I'm in Florida and in the same boat with Barclays. I just got back from out of state to find that I had been served ( at residence via my DW) and my 20-day deadline is coming up in a couple days (to file an answer to the initial complaint). Now thanks to you (and others on this thread) I will file a MTC as well.

My question though is do you have an example of a decent answer that doesn't waive any rights?

I was thinking of doing a brief one as follows:

Defendant’s Answer to Complaint:

  1. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in Paragraph 1, 3, 4.5, and 6

Affirmative Defenses.

  1. The Plaintiff is considered a debt collector pursuant to Heintz v Jenkins, 514 U.S. 291(1995) And is barred under the fair debt collection practices act hereinafter called FDCPA from collecting attorney fees interest collection fees and any amount not specifically provided for by the agreement.

  2. The Defendant reserve the right to plead any other affirmative defenses that may become applicable and/or available at a later time.

Wherefore the Defendant request of The Honorable Court dismiss this complaint in its entirety and Plaintiff take nothing for the complaint

I'm also not sure if to include any statement here about the MTC or just file that separately. I see the CardMember agreement states I can elect arbitration at any point before the trial (I plan on doing it ASAP though).

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@soccergeek

It would be better for you to start your own thread so that we can focus on only your details.

Just an FYI:  Since the plaintiff is an original creditor, the FDCPA does not apply  

 

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