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Nick2

Barclay's Arbitration Arizona

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I am being sued by a law firm in AZ that reps Barclay.

There is an arbitration clause in contract in lieu of lawsuit

Anyone know if a Motion to Compel to Arbitration get granted? 

Suing me for:  $8700

Original creditor is being repped by local attorney firm (w/national offices)

I was able to get a hold of the original cardholder agreement that will be here early next week, so validating the original agreement with the card should be possible in a MTC late next week.

 

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So Barclay is suing you - they didn't sell the account to Midland, PRA, etc.?

Your biggest challenge will be:

Quote

Alternatively, you and we may pursue a Claim within the jurisdiction of the Justice of the Peace Court in Delaware, or the equivalent court in your home jurisdiction, provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action

Plaintiff will argue that this clause entitles them to stay in court as a cost savings measure. Their problem is that the preceding paragraph says that either of you may move a court case to arbitration. AZ has a clear right to arbitrate, which has been upheld on appeal.

If you get it to arbitration a debt buyer will fold. If it's Barclay's, they may not care and could chose to follow you to arbitration where you will lose, but it will cost them as much as the debt is worth.

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Thank you! That is helpful. It is Gurstel Law Firm for Barclay. There is one problem in the argument the word "may".....there is the 2016 appeal credit card case law in AZ for private arbitration that states "shall" trumps "may" and addresses this type of situation in requesting the specific type of arbitration I am going to request. I am going to use that along with some other things I found on this forum to trap the Plaintiff, as I have a good feeling of how they are going to argue this case. 

The court was not familiar at all with what I was going with arbitration. So I am taking it as a good sign & the judge seems like a fair person. I think if I write it honestly, clearly I can be well prepared for an appeal, if it gets denied. 

 

there is plenty of AZ case law for private arbitration in these circumstances, so at least I feel better about writing substance in my argument that is specific to AZ as well as federal. I also have a lot of very specific examples, so it'll make an appeal easier. I am waiting on the original card agreement, but I have my AAA prepared and barclay's notice letter.

The biggest question I have is I can request an 'oral' hearing for the motion or just submit and wait for a response. Any suggestions? I am torn, part of me thinks I can 'catch' any slippery tricks by the plaintiff and address them on the spot. The other part of me honestly believes the judge is going to rule how he rules once he reads the motion.

Thoughts? 

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You know I may lose on appeal. I am ok with that, as it states in the contract that I am not responsible for the arbitrator fees (by the way, do I check that box to keep away from the fees?)

I'd just be happy getting time to get money to pay them off without a judgement and interest piling up :)

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