thefinz

Sued by Barclays

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1. Who is the named plaintiff in the suit?
Barclays Bank Delaware

2. What is the name of the law firm handling the suit?
LLOYD & McDaniel PCL

3. How much are you being sued for?
$1,710.80

4. Who is the original creditor?
This is the OC

5. How do you know you are being sued?
I was served by “regular mail.” The plaintiff filed “waiver of service” after a failed certified summons to my old address. The regular mail actually got forwarded to my new address in a separate county in the same state.

6. How were you served?
“regular mail,” per waiver of service, no waiver attached to the summons though.

7. Was the service legal as required by your state?
I am actually unsure of this for two reasons. 1) Was filed in a court outside of my home county. I moved on November 2, 2015. The case was filed on January 25, 2016. 2) I never got the certified letter or a notice from the post office at my current address. Then the plaintiff filed for waiver of service. There was no waiver attached to the summons or anything.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
As far as I can remember, there was no correspondence before this, other than with the OC prior to the suit. There was almost a year since last payment.

9. What state and county do you live in?
I live in OHIO, in the county of ADAMS. I lived in LICKING county up until November 1, 2015. I am being sued in LICKING county.

10. When is the last time you paid on this account?
I am pretty sure it was around September 2014. Well within SOL

11. What is the SOL on the debt?
6 Years on revolving accounts.

12. What is the status of your case? Suit served? Motions filed?
AD – Answer Date

13. Have you disputed the debt with the credit bureaus?
NO

14. Did you request debt validation before the suit was filed?
NO

15. How long do you have to respond to the suit? We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
28 Days. Asking for $1,710.80, Plaintiff’s costs herein expended, any and all other relief to which the plaintiff may be entitled pursuant to contract, statute, or common law.

16. What evidence did they send with the summons?
Final statement and 2 earlier statement from 2012. No cardholder agreement, no contract, nothing else.

My questions are can I object to venue for one and two would I be better off taking this to arbitration as they use AAA arbitration as per their cardholder agreement. I know I need to answer before 4/1/2016. Any help would be appreciated. Thanks in advance. I am totally new to OC debt lawsuit.

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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.  

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Kind of surprised the Judge didn't go without prejudice to give the Plaintiff the chance to come back with their documentation.

So, from your other thread this adds up to four with prejudice for stating "nothing attached to the complaint" as required by Rule 10 D1 after motion for more definite statement or did this go down different?

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4 hours ago, thefinz said:

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.  

Wow!  Nice job!!

Sadly, it's kind of rare that a judge would rule the correct way when a bank or JDB sues someone with absolutely no documentation, but you must have gotten the right judge or either you made a very good argument.  I like seeing things come out the way they should.  Again, nice work!

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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.

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48 minutes ago, thefinz said:

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.

I doubt it's a violation.  I'd just contact the attorney.

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On 5/12/2016 at 6:38 PM, thefinz said:

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.  

Wow, Fantastic job !!!

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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.

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19 hours ago, thefinz said:

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.

You don't have to file with AAA until the MTC is granted by the court. 

https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2034889&RevisionSelectionMethod=LatestReleased

That is the AAA demand form which has instruction for filing at the bottom.  I would just fill out this form and bring 3 copies of it with me to court.  If it comes up that somehow I don't know about arb, don't understand it, or aren't serious about filing, I will take out my demand form copies and hand one each to the judge and attorney and let them know I am ready to file today as soon as the court grants my MTC.

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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?

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I would first check my court rules to see if it says anything about failure to obey a court order.  Whatever remedy it might say is what I would do to inform the court that the other side has failed to obey the order of the court.  If there is nothing in your court rules, I would probably just file a motion for sanctions.   Sanctions are ultimately up to the judge, but I would suggest in my motion for a dismissal with prejudice as part of the sanctions against the JDB.  Don't forget to lay out the history of the case to remind the court that your MTC was granted on XX date, that you filed the arbitration case, that the plaintiff failed to participate in the arbitration and therefore the AAA closed the case and that the JDB is now in violation of the court's order to arbitrate.

I would attach my AAA demand form and the AAA letter closing the case as exhibits to my motion.

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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

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Don't get frustrated, just play the game.  Right now, all that has happened is that Barclay's cleared up a problem with AAA for their future business.  This really does not change much for you case.  Barclays still now must decide if they are going to pay $3500 to continue a case in AAA for a $1200 debt.

When you are in arbitration, you must be patient. 

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6 hours ago, thefinz said:

Ms. Roark has asked the AAA to re-open this case.

 

6 hours ago, thefinz said:

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. 

You don't need to chat with Claudia Roark. Let them offer a settlement agreement if they want to talk. It's apparent they don't like to pay for arb and have probably just primed the pump at AAA by paying their overdue bills so they aren't breaching the contract.

Study the AAA Consumer Rules. See R-2(c). After they've paid their fees they have 14 days to provide a written response. R-10 if they want to discuss exchange of information prior to a hearing.

 

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If the bank's attorney is asking for information regarding this case prior to the payment and proceeding of arbitration, I always respond with this answer:  "I am not comfortable getting into discovery matters at this time, as the schedule and scope of discovery has not yet been set by the arbitrator per AAA rule R-22."

This is a common tactic when you use arbitration.  The other side will always attempt to get a "free peek" at your evidence to see how strong your claims are and to attempt to intimidate you into dropping the arb.  My personal rule is always about making them do what the rules of AAA and the card agreement contract says.  This is a "pay to play" game. It's the game THEY put into their contract, but now they want to change the game because it no longer benefits them.  To bad.  Pay up, then I will let you know if I am holding an ace or not.

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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.

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2 hours ago, thefinz said:

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.

Congrats on your settlement, this is further good news for anyone dealing with or will be dealing with Barclay's as I will at some point.

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@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

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10 hours ago, thefinz said:

@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

Congrats on your victory, @thefinz !!  Nice work!

As you said, and it always bears repeating, the best thing about arbitration is that 90% of attorneys never bother to read or lean the rules - especially the consumer rules - and they continue as if it is the same as court.  They usually learn that court rules and procedures do not apply in consumer arbitration.  Attorneys think they are smarter than the consumer - and they believe this only because they have spend years studying and working in courts and know the court rules and procedures like the back of their hand.  This is the advantage they use to pressure and intimidate consumers.  If you spend time reading the arbitration rules over and over until you know them well, you have just taken the power away from any attorney once you enter arbitration and are on much more of an even playing field (or even tilted to your side due to the costs and all the mistakes they will make based on not knowing the rules).

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16 hours ago, fisthardcheese said:

Congrats on your victory, @thefinz !!  Nice work!

As you said, and it always bears repeating, the best thing about arbitration is that 90% of attorneys never bother to read or lean the rules - especially the consumer rules - and they continue as if it is the same as court.  They usually learn that court rules and procedures do not apply in consumer arbitration.  Attorneys think they are smarter than the consumer - and they believe this only because they have spend years studying and working in courts and know the court rules and procedures like the back of their hand.  This is the advantage they use to pressure and intimidate consumers.  If you spend time reading the arbitration rules over and over until you know them well, you have just taken the power away from any attorney once you enter arbitration and are on much more of an even playing field (or even tilted to your side due to the costs and all the mistakes they will make based on not knowing the rules).

That last paragraph is probably the best reason why creditors and lawyers hate and fear consumer arbitration.

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On 8/25/2016 at 10:04 AM, thefinz said:

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.

@thefinz  Great work!  Thanks for letting us know how it turned out and thank you for thanking the members who advised you.   I know it was hard and frustrating at times dealing with the court and plaintiff lawyers, but you stayed the course and won!

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