Sued By Barclays Delaware

[TheGrunger]

Hello! I was recently sued by Barclays Bank of Delaware for credit card fees totaling from 1500-1700. I received a letter from a lawyer saying I had a pending lawsuit and to contact them for help. I've gotten many mixed opinions on this. Some say to hire a lawyer, others say it's no use since it's an OC or original creditor. 

 

Ive also seen some people try to initiate arbitration which I have no clue on how to do as I am 20 and in college. I have seen them try to intiitate arbitration due to Barclay's Arbitration clause where it basically states that I can initiate arbitration and any cost resulting from that arbitration will be deducted from them. Should I go this route? Or if not, what else can I do? Thank you for any help that you can provide!

[Clydesmom]

We don't have much experience with Barclays as they are only recently entering the litigation arena in collecting on their defaulted accounts.  I can tell you that the defenses you read about on sites like this are based on being sued by a junk debt buyer not an OC.  Under GA business records as an OC they will not need an affidavit or exception to present their records in court.  Arbitration might get you a better settlement with them but it is not likely to get them to back down.  My best suggestion is to see if you can get them to settle because a bad case in court is equally bad in arbitration.

[Tiglit18]

Currently dealing with them myself - went the MTC arb route and they followed us to it. So far we have an arbitrator assigned but no real interrraction yet. Dealing with them is different from the junk debt buyers in that they seem to not care about the costs to them. They paid all the arb costs (both theirs and mine). 

With under $2k in debt I’d try really hard to settle rather then going to court or even arb but that’s just me and I know being a student is hard. Dont admit anything to them over the phone about your financial situation. If you make them an offer be sure you get everything in writing signed by both parties, make sure they include language about dropping the case if they’ve already filed (dismissal with predjudice). If they ask where you are getting the money just say a family member is helping you out.

 

good luck to you!