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Need Barclays 3/2007 cc agreement


Slau
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I had my motion to compel today against Midland funding. Judge granted. I didn't have a order ready so in the wait time, the attorney for Midland realized that the cc agreement was dated 10/2007 and not for March of 2007.

Judge ordered discovery, and we will proceed in court unless I can obtain a Barclays Bank Delaware cc Agreement for 3/2007.

Any help is greatly appreciated.

 

 

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This is a long shot but here is a case that used the agreement you are looking for.

https://www.pacermonitor.com/public/case/1578550/Mitchell_v_Sajed_et_al#

http://cases.justia.com/federal/district-courts/virginia/vaedce/3:2013cv00312/295754/24/0.pdf?ts=1411607568


Mr. Mitchell is the person you should try to contact if you want a copy of the 2006 version of the Barclays cardmember agreement, if you think that will satisfy the judge to approve your motion to compel arbitration.

I would suggest sending Mr. Mitchell an overnight letter asking if he has a copy of the 2006 agreement.

His name and address are shown in that first link.
 

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Ok, then you have to motion for a stay of proceedings (like ASAP) to give you enough time to get the original agreement from the OC.  Then you  contact Barclays and ask them to send you the agreement for YOUR account (not some generic agreement).  If they give you any trouble, file a complaint here and in the form say that you are trying to get a copy of your original credit card agreement and Barclays won't comply:
https://help.consumerfinance.gov/app/creditcard/ask

What is the significance of 3/2007 over 10/2007?  Is that when you opened the account?

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3 minutes ago, Goody_Ouchless said:

What if Midland can't provide original either? Doesn't that mean No Contract = No Case?

 

They will provide it but they don't have to right now so in 3 or 4 months when it shows up with an MSJ, it'll be all over but the cryin'.

edit: What makes this case different from others (in my mind) is the fact that it's not just a JDB saying "that's not the correct agreement, but we don't know what is."  The judge has specifically asked for an agreement dated 3/2007.

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The problem is that Barclay's is using the phrase "Small Claims" to describe any court that is equivalent to Delaware Justice of the Peace Court, which would be Michigan General Civil. I still think your best hope is that the old contract does not have that language, as arbitration may not have been a problem for them in 2007. 

Does anyone here recall when TrueQ changed the landscape?

 

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Barclays have agreed to provide me with the original cc agreement through my CFPB complaint.

also, I had an extensive conversation with th court in the county I reside and they were specific that my case was filed not in small claims (which we have) but in general civil. So I believe the carve out language will not apply.

All good news!!!

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so today I not only received the first set of interrogatories, request for admissions and discovery but also a motion for summary judgement hearin in late February.

i had hoped to file my motion for reconsideration next week with the original cc agreement.

how will these new items effect that?

 

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