Rukini

Served by Barclays (OC)

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19 minutes ago, BV80 said:

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  

@BV80

Done.

And thanks for the FDCPA tip. I corrected that.

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@NormInGeorgia

@fisthardcheese

I recently got a response back from Barclays lawyer informing AAA to add the remaining balance to Barclays invoice.

The trial is suppose to start Monday, Ocrober 8 ,can I file something to state we are going through arbitration since the fee has been paid ?

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The purpose of your October 8 trial date is for you to take all your documentation (including all the emails) about the arbitration to the Judge to show that arbitration is taking place.   We have told you this in a couple of posts previously.  When you show this documentation to the Judge that this case is in arbitration, the Judge can either dismiss your case or continue it pending the outcome of arbitration.  As far as I know, you don't have to file anything else, just show up at court and show the documented proof that you and Barclays are now in arbitration and ask the judge verbally to dismiss the cage in magistrate court because it is in arbitration and no longer under jurisdiction of the court. 

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By the way, did you get an email from AAA stating that Barclays has actually PAID any of the fees they owe yet?   Or did you just get an email where Barclays asked AAA to update their invoice?   Have you received any notification from AAA that an arbitrator has actually been assigned to the case yet?

This has NO effect on your October 8 trail date and has nothing to do with what happens on October 8.   I am just curious about it.

 

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Thank you @NormInGeorgia!

Sorry I keep asking the same questions I just want to make sure I have everything covered 😊

I just received an email from Barclay asking AAA to update the invoice. I have yet to receive anything stating that the bill is paid and no arbitrator has been assigned .

Should I send an email to AAA to see if the bill is paid ?I received the email from Barclay September 22.

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No, you should not email AAA and ask if Barclays paid their invoice.    Just be concerned about being in court Monday to show all your proof that you are actively in arbitration with the plaintiff and ask the judge to dismiss the magistrate case.

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@NormInGeorgia

I went to court last Monday morning ,only to be told that Barclays lawyer had filed for a continuance a few days before. It stated that we were currently going through the arbitration process and needed more time. Well can I file for the judge to throw out the case in magistrate court since arbitration has already started?  I'm still waiting on Barclays bank to pay their portion of the arbitration fee. I honestly don't mind the pace this process is taking,  I just want to be mindful of my options. 

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On 10/15/2018 at 5:31 AM, bc_123 said:

@NormInGeorgia

I went to court last Monday morning ,only to be told that Barclays lawyer had filed for a continuance a few days before. It stated that we were currently going through the arbitration process and needed more time. Well can I file for the judge to throw out the case in magistrate court since arbitration has already started?  I'm still waiting on Barclays bank to pay their portion of the arbitration fee. I honestly don't mind the pace this process is taking,  I just want to be mindful of my options. 

I would wait to see what happens in AAA first.  These lawyers have a new game when arbitration is granted, which is to ask for continuance after continuance in hopes that you fail to show up at one of the court dates.  This is what I would do:  Sit tight and wait for the next court date.  Show up to court with all of the AAA letters showing you filed and that they are waiting on Barclay's to pay their share of the fees.  If the attorney fails to show up again, I would object to any further continuance (find the Uniform Rules of Magistrate Court and look up the rule about continuances). Anyone is allowed one "free" continuance in Magistrate.  They just used that up.  But you must object and cite the rule for the judge to do anything about it.  I would object to any more continuances and ask right there that the judge enter a default judgement in your favor due to the attorney not showing up (and, if like this time, they fail to send you a copy of any continuance request too I would mention that).  I would show that you have done everything you are supposed to do and they are intentionally dragging this on.  This is, of course, only if nothing happens in AAA and they don't try to settle before the next court date.

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@fisthardcheese

I just recently heard from AAA and the lawyers requesting for my availability for a teleconference for January. Can I object the teleconference for an actual hearing or is it too late since the arbitrator has been chosen ?

I also haven't heard anything from the magistrate court since my last court date.  Should I call to.follow up with them?

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On 12/28/2018 at 12:36 PM, bc_123 said:

@fisthardcheese

I just recently heard from AAA and the lawyers requesting for my availability for a teleconference for January. Can I object the teleconference for an actual hearing or is it too late since the arbitrator has been chosen ?

I also haven't heard anything from the magistrate court since my last court date.  Should I call to.follow up with them?

Schedule the phone conference.  This is just an initial phone conference to set future hearing and discovery dates.  Be prepared to have dates you want to schedule the in-person hearing for. I would try to make it for 3 - 6 months out.  The other side will object to an in-person hearing, so be prepared to refute that with the AAA consumer Rule number to cite and for the fact that you will be requesting a live witness from the OC Bank to testify to the bank records provided by the Respondent. 

Between now and then you are likely to have other objections to bring up on this phone hearing as well (like the fact that they have not filed any counter claim and the allowed time to do so has passed, so if they try to do so at this point, it should be met with both an immediate written objection as well as brought up at the initial conference).

Now is the time to be a stickler for the rules and object to everything outside of them as well as making sure you use up as much of the arbitrator's time as needed.

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Thank you so much @fisthardcheese!! I wouldn't have gotten this far without you and @NormInGeorgia!!

I receive a form from the magistrate court ,informing me of Barclays request for trial on a non-jury trial calendar day. The dates that were filled out says it was submitted January 3, 2018 not 2019. Should I request a different form or not mention it .

Also the teleconference with the arbitrator is set for the 24th ,is this when I request for an in person hearing? Also since I've gotten this far in arbitration (still no counter offer)can I request for this case to be thrown out of magistrate court?

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On 1/28/2016 at 11:04 PM, fisthardcheese said:

Way to go, Norm!!  Just remember now, you have a court order to arbitrate.  This means when Barclays does not want to pay the arb fees and starts talking settlement, YOU have the leverage in the negotiations and they are coming from the weak side now.  When you are in this position, I would settle for no less than a mutual walk away.  Don't get pressured into making any payments to them!  ;)

Hi!

I see here that the defendant mailed a copy of the intent to arbitrate letter to Barclays. Should I do that before court on Friday? I can have it overnight'd today. I only sent a letter to the bank's attorney....

 

Thanks.

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