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DHABTE

Sued/Served by Barclays Would Like To Try Arbitration Please Help!

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Hello!

Just got served yesterday for a debt owed to Barclays Bank. I've read up on this forum and would like to try arbitration before I give up and just do a payment plan to pay it off. I've attached the documents I've received (the rest were just copies of bank statements). If anyone could help it would be greatly appreciated!

THANK YOU!

 

 

 

 

 

 

 

 

 

 

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The first thing you have to do is find the card agreement for this account from when you defaulted and see if there is an arbitration clause in that agreement and what the wording is.

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Barclays is one of very few creditors that use the "we won't seek reimbursement of our fees" terms in their arbitration agreements. I think, on a $2,800 debt, there's a decent chance they'll walk away instead of throw good money after bad. 

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1 hour ago, Harry Seaward said:

Barclays is one of very few creditors that use the "we won't seek reimbursement of our fees" terms in their arbitration agreements. I think, on a $2,800 debt, there's a decent chance they'll walk away instead of throw good money after bad. 

Thanks for your response. Do you know how I should fill out the Writ of Summons if I plan on doing Arbitration?

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The only part you complete is the bottom of the first page that says "notice of intention to defend". In the explanation, I would put something like you deny plaintiff's claims and demand private contractual arbitration as provided by, and in accordance with, the credit card agreement. I would also file a separate motion to compel arbitration. 

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1 minute ago, Harry Seaward said:

The only part you complete is the bottom of the first page that says "notice of intention to defend". In the explanation, I would put something like you deny plaintiff's claims and demand private contractual arbitration as provided by, and in accordance with, the credit card agreement. I would also file a separate motion to compel arbitration.  

THANK YOU! I will do that and mail it out next week. Is there a thread on here about how to file a MTC? Also does that require me to file it at the courthouse or is this something I can mail in?

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FWIW, I wouldn't use JAMS if AAA is an option in your agreement.  AAA fees for you are lower and the AAA rules expressly say the arb fees cannot be reallocated back to you at the conclusion of the case.  It's less of an issue in your case because your card agreement also says they won't seek reimbursement of their fees, but it's one extra layer of security that I personally would opt for.

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21 hours ago, Harry Seaward said:

FWIW, I wouldn't use JAMS if AAA is an option in your agreement.  AAA fees for you are lower and the AAA rules expressly say the arb fees cannot be reallocated back to you at the conclusion of the case.  It's less of an issue in your case because your card agreement also says they won't seek reimbursement of their fees, but it's one extra layer of security that I personally would opt for.

Thank you! The card agreement states arbitration will be done through AAA so that is who I will end up going with.

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On 11/8/2018 at 5:02 PM, Harry Seaward said:

FWIW, I wouldn't use JAMS if AAA is an option in your agreement.  AAA fees for you are lower and the AAA rules expressly say the arb fees cannot be reallocated back to you at the conclusion of the case.  It's less of an issue in your case because your card agreement also says they won't seek reimbursement of their fees, but it's one extra layer of security that I personally would opt for.

The agreement does state AAA, but also the agreement states that the OC will pay all fees above that of the local small claims court if the consumer initiates arbitration.  Therefore, (after the MTC and Answer are filed and squared away first), I would get a written list of fees from my small claims court (assuming it is a low fee like $50) and send that in with the usual AAA paperwork and only pay that amount that is equal to my local small claims filing fee.

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On 11/11/2018 at 3:44 PM, fisthardcheese said:

The agreement does state AAA, but also the agreement states that the OC will pay all fees above that of the local small claims court if the consumer initiates arbitration.  Therefore, (after the MTC and Answer are filed and squared away first), I would get a written list of fees from my small claims court (assuming it is a low fee like $50) and send that in with the usual AAA paperwork and only pay that amount that is equal to my local small claims filing fee. 

Thanks for your response! I didn't have time to work on this yet but I'm going to complete it before the week is over. Is it possible for me to send my answer first and then file the MTC later? My court date isn't until Feb 1 2019. I'm not going to wait until January to do it but I was thinking maybe in about 2 weeks I'd file a MTC. Or do you feel like it's important for me to send in my Answer and file a MTC at the same time?

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1 hour ago, DHABTE said:

Thanks for your response! I didn't have time to work on this yet but I'm going to complete it before the week is over. Is it possible for me to send my answer first and then file the MTC later? My court date isn't until Feb 1 2019. I'm not going to wait until January to do it but I was thinking maybe in about 2 weeks I'd file a MTC. Or do you feel like it's important for me to send in my Answer and file a MTC at the same time?

The Answer is the only time-sensitive matter right now.  So, absolutely get that done first and filed on time.  You can then file the MTC after you get it completed properly and looking good.

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On 11/13/2018 at 12:08 PM, fisthardcheese said:

The Answer is the only time-sensitive matter right now.  So, absolutely get that done first and filed on time.  You can then file the MTC after you get it completed properly and looking good.

Hello just wanted to confirm.....I can mail my intent to defend notice to the address listed at the top of the document (courthouse) right?

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ALSO is this message okay as a defense: "I deny plaintiff's claims and demand private contractual arbitration as provided by, and in accordance with, the credit card agreement." per Harry's post ?

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Hello!

It's been a while. So my court date is February 1. I'd like to start arbitration this week. Is there a thread I can read up on starting it? Does anyone know if we can get things rolling by next week or does it take a long time?

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Starting arbitration before the court grants your MTC is not a good idea.  You can't just jump ahead and hope things end sooner. That's not how it works.  You must wait and take each step at a time.  Right now, you need an MTC granted by the court.

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3 minutes ago, fisthardcheese said:

Starting arbitration before the court grants your MTC is not a good idea.  You can't just jump ahead and hope things end sooner. That's not how it works.  You must wait and take each step at a time.  Right now, you need an MTC granted by the court.

Is this the part where I file a motion for Arbitration? 

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36 minutes ago, fisthardcheese said:

Yes if not sooner.

Okay thank you. I am following Linda7's posts now. I am going to try to have everything filled out and sent to the court by Thursday/Friday.I will be Fedex overnight-ing the letter to the attorney and will go in person to the court house either Thursday or Friday morning to file the motion. If anyone can confirm I'll also upload copies of everything I plan to submit beforehand tomorrow night to see if the information is correct. I'll redact case no's and names/addresses.

Thank you!

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1 hour ago, fisthardcheese said:

Yes if not sooner.

Quick question! If I have a Fedex account could I just use that to mail out these letters or do I still need to use CRRR USPS?

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1 hour ago, fisthardcheese said:

Yes if not sooner.

Sorry for being annoying lol! I actually think I finished up most of the documents already while at work. Is it possible I can PM you the documents? I completed the MTC, Affidavit, Letter to elect arbitration and the judge's order as per Linda's thread. I have a Fedex account here at work but I can go down to the local USPS store and do the CRRR if it's easier. Whatever is best. Thanks in advance and sorry for the multiple messages :( !

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16 hours ago, DHABTE said:

Okay thank you. I am following Linda7's posts now. I am going to try to have everything filled out and sent to the court by Thursday/Friday.I will be Fedex overnight-ing the letter to the attorney and will go in person to the court house either Thursday or Friday morning to file the motion. If anyone can confirm I'll also upload copies of everything I plan to submit beforehand tomorrow night to see if the information is correct. I'll redact case no's and names/addresses.

Thank you!

IMO that thread is out-dated and inaccurate.  There is no need to send letters and pay over night delivery fees.  You MUST file the motion in court immediately. After that, you send a copy of your MTC to the JDB attorney with a simple stamped envelope.  This is all you need to do. Everything else is extra, unnecessary work and stress.  Read the post linked in my signature below.

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2 hours ago, fisthardcheese said:

IMO that thread is out-dated and inaccurate.  There is no need to send letters and pay over night delivery fees.  You MUST file the motion in court immediately. After that, you send a copy of your MTC to the JDB attorney with a simple stamped envelope.  This is all you need to do. Everything else is extra, unnecessary work and stress.  Read the post linked in my signature below.

Thanks for your response! I wouldn't have to pay for the Fedex fee so I can just overnight my MTC to the attorney. 

According to what I've read from both threads my MTC needs to include:

1. The MTC - I already filled one out based on Linda's template because she said it's applicable for all states. Yours does not and you wished for no one to copy/paste. Is Linda's not a good template at this time?

2. Affidavit - for the credit card agreement which I will print out online from the cards website.

3. On the MTC it states I have sent a letter to the attorney requesting arbitration. You are saying I can just send a copy of the MTC to the attorney instead of sending over stuff twice (letter electing arbitration and the MTC itself). If I just send the MTC itself I should remove the two/three lines stating I have sent over a letter electing arbitration from the MTC right? Should I also send a copy of the MTC to the bank? Or sending it to the attorney representing the bank is enough?

4. Judge's Order.

I submit all of this to the courthouse in the morning correct? Would you happen to know the fee for filing this? I tried checking the fee schedule (https://www.courts.state.md.us/sites/default/files/import/district/forms/acct/dca109.pdf) but can't seem to find filing a MTC unless I'm going blind.

THANKS again!

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