DHABTE

Need Help Filing Arbitration Paper Work Please!

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Hello All,

I need to start arbitration (had a bunch of stuff come up but I'm ready to file now) I've already had my STAY court appointed. Does anyone know what to put under "dispute" if I'm in arbitration with an OC and not a JDB? Am I seeking any relief? (I'm assuming arbitration costs?) I also understand since I'm going up against an OC (Barclays) I should not expect them to stand down on this. I am only doing this to settle with a small payment rather than paying in full.

Thank you!

Consumer_Demand_for_Arbitration_Form_1.pdf

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I think there MAY be a TCPA violation but not sure. I do have another debt that the hundred of calls I get may go towards (not Barclays debt). Not 100% sure because I don't answer those calls. I did recently receive a letter from the attorney's office asking for payment in full or a payment plan after our case was stayed for arbitration. Barclays seems to have a history with TCPA violations.

 

http://www.classactionsreporter.com/consumer/barclays-debt-collection-practices-investigation

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45 minutes ago, DHABTE said:

I think there MAY be a TCPA violation but not sure. I do have another debt that the hundred of calls I get may go towards (not Barclays debt). Not 100% sure because I don't answer those calls. I did recently receive a letter from the attorney's office asking for payment in full or a payment plan after our case was stayed for arbitration. Barclays seems to have a history with TCPA violations.

 

http://www.classactionsreporter.com/consumer/barclays-debt-collection-practices-investigation

Are they calling your cell phone?  Did you provide Barclays with that number?  Are the using an automatic dialer or a recorded voice?

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Use whatever claims you have that you can support with at least SOME kind of evidence.

Barclays has agreed to mutual dismissals in the past, so I would at least shoot for that kind of settlement once you get your claims filed and the arbitrator is appointed.  They are not as hard line as AmEx and will do a cost/reward analysis of your case.  If they feel like arbitration will cost them more than they can recover from you, they may settle for nothing.

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On 4/1/2019 at 11:20 AM, fisthardcheese said:

Use whatever claims you have that you can support with at least SOME kind of evidence.

Barclays has agreed to mutual dismissals in the past, so I would at least shoot for that kind of settlement once you get your claims filed and the arbitrator is appointed.  They are not as hard line as AmEx and will do a cost/reward analysis of your case.  If they feel like arbitration will cost them more than they can recover from you, they may settle for nothing.

 

Thank you for responding. What are the most popular claims people use in these scenarios where it's an OC?

 

On 3/31/2019 at 4:02 PM, BV80 said:

Are they calling your cell phone?  Did you provide Barclays with that number?  Are the using an automatic dialer or a recorded voice?

Thank you for responding. Yes they call my cell phone. I probably gave them my cell phone number when I applied for the card. I haven't picked up collectors calls in a long time but I have 100's of voicemails. I just don't know if they're from Barclays or another collection I have. Would voicemails count? If so I can sort through them and see if any of them are Barclays. 

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16 hours ago, DHABTE said:

 

Thank you for responding. What are the most popular claims people use in these scenarios where it's an OC?

 

Thank you for responding. Yes they call my cell phone. I probably gave them my cell phone number when I applied for the card. I haven't picked up collectors calls in a long time but I have 100's of voicemails. I just don't know if they're from Barclays or another collection I have. Would voicemails count? If so I can sort through them and see if any of them are Barclays. 

If you never asked them to stop calling your cell phone, the calls won't really hold up as TCPA claims.  The most common violations I have dealt with regarding OCs are inaccuracies on my credit report.  Often, their lawsuit may list a different amount as the amount they are reporting as owed on my credit reports.  Also in the past I have found that one report will have a different date for either payment or for charge off than the dates reported on the other 2 CRAs.  Any inconsistency may be an FCRA violation.

If you find no specific violations, I would file the arbitration as a "consumer credit dispute".  It is not as easy to hold an OC's feet to the fire with this kind of generic claim, but if it is all you have in the end, you will have to do your best with it.

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On 4/3/2019 at 1:11 PM, fisthardcheese said:

If you never asked them to stop calling your cell phone, the calls won't really hold up as TCPA claims.  The most common violations I have dealt with regarding OCs are inaccuracies on my credit report.  Often, their lawsuit may list a different amount as the amount they are reporting as owed on my credit reports.  Also in the past I have found that one report will have a different date for either payment or for charge off than the dates reported on the other 2 CRAs.  Any inconsistency may be an FCRA violation.

If you find no specific violations, I would file the arbitration as a "consumer credit dispute".  It is not as easy to hold an OC's feet to the fire with this kind of generic claim, but if it is all you have in the end, you will have to do your best with it.

Okay so should I order a report from all 3 agencies and double check if everything matches up? I just went into Credit Karma and see the charge off date is different on TU and EQ. Would that work? I can order the EX one and check as well if it helps. 

I went ahead and got my credit report. Last Payment Date and Date Closed show different dates on two reports.  FCRA violation?

 

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On 4/3/2019 at 8:39 PM, DHABTE said:

I went ahead and got my credit report. Last Payment Date and Date Closed show different dates on two reports.  FCRA violation?

In order to solidify a violation, I would send a dispute to the CRAs stating that there are multiple inaccuracies on this account and ask them to verify.  When they send their updated report back, if the dates are still different across the different CRAs, then yet, it's a good violation.

If you do not have time to wait for the CRA's investigation to your dispute to conclude, I would file the violations in arbitration and if they actually end up corrected after the dispute, you can withdraw those violation claims (you will have plenty of time to amend your claims in AAA). 

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Hello! 

I am filing my paper work today. I got a letter from the attorney stating they are requesting for the stay to be lifted. Do I file something in response with the court or just ask for a continuance whenever our court date is if the judge lifts the stay? Thanks. 

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On 4/5/2019 at 1:27 AM, fisthardcheese said:

In order to solidify a violation, I would send a dispute to the CRAs stating that there are multiple inaccuracies on this account and ask them to verify.  When they send their updated report back, if the dates are still different across the different CRAs, then yet, it's a good violation.

If you do not have time to wait for the CRA's investigation to your dispute to conclude, I would file the violations in arbitration and if they actually end up corrected after the dispute, you can withdraw those violation claims (you will have plenty of time to amend your claims in AAA). 

Hello

I just tried to apply online and after submitting everything it took me to a PAY NOW screen. I do not wish to do that. Should I submit my file in by mail instead and put a note that I'd like the business to pay for the fee? It did give me an invoice/case number that I jotted down. I clicked back and now I'm back at the filing a new case screen.

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On 3/31/2019 at 4:02 PM, BV80 said:

Are they calling your cell phone?  Did you provide Barclays with that number?  Are the using an automatic dialer or a recorded voice?

Hello! 

I am filing my paper work today. I got a letter from the attorney stating they are requesting for the stay to be lifted. Do I file something in response with the court or just ask for a continuance whenever our court date is if the judge lifts the stay? Thanks. 

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13 hours ago, DHABTE said:

 

Hello! 

I am filing my paper work today. I got a letter from the attorney stating they are requesting for the stay to be lifted. Do I file something in response with the court or just ask for a continuance whenever our court date is if the judge lifts the stay? Thanks. 

Did they give a reason for the stay to be lifted?

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On 4/25/2019 at 2:32 PM, DHABTE said:

Hello

I just tried to apply online and after submitting everything it took me to a PAY NOW screen. I do not wish to do that. Should I submit my file in by mail instead and put a note that I'd like the business to pay for the fee? It did give me an invoice/case number that I jotted down. I clicked back and now I'm back at the filing a new case screen.

Call AAA and ask if your case went through.  Last time I checked payment is not a requirement to file online, so your case may have gone through without payment.

My guess is that it was submitted if you have a case number

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On 4/27/2019 at 1:10 AM, fisthardcheese said:

Did they give a reason for the stay to be lifted?

Letter was sent out April 17. It states the whole process we went through so far (they filed, I responded, I filed for arbitration on such such date, arbitration was approved by judge). Then it states I have failed to initiate arbitration  and, as such, the stay should be lifted and this matter should be set for trial. After that it lists what dates the attorney is available for trial.  I submitted everything online and overnight'd an application to AAA (and the attorney) on April 25.

There is an update on the case online that says: 

Type: COMMENT Complaint No.:
Date: 04/26/2019 Comment: CHAMBER 05032019

I haven't received anything from the court house so I'm assuming this is for the attorney. Are you familiar with this comment? At this stage what do you think the judge can do? If this comment means the attorney will have a small meeting with the judge she should know by now that I have filed for arbitration. Is it her responsibility to let the judge know at that meeting that arbitration was filed by me or should I send something to the judge myself notifying him?

I will call AAA and confirm whether a case was opened. 

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1 hour ago, fisthardcheese said:

How long has it been since your MTC was granted?

2 1/2 months.

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you waited 2 1/2 months to file your case with AAA after being granted a stay? Did they give you a 90 day stipulation?

Typically you file immediately after you have your granted MTC in hand signed by the judge.

You may have really hurt yourself waiting this long.

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4 minutes ago, MikeB35 said:

you waited 2 1/2 months to file your case with AAA after being granted a stay? Did they give you a 90 day stipulation?

Typically you file immediately after you have your granted MTC in hand signed by the judge.

You may have really hurt yourself waiting this long.

There was no 90 day stipulation. He signed my order agreeing to stay. Should I file an opposition to the motion to set for trial stating I've already filed for arbitration?

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This is above my pay grade, but looking at the facts you have presented, you may have missed your opportunity. I don't know how your court or state does things, but there is usually a window to accomplish tasks set out by the state. If you do not meet those windows I'm assuming the Plaintiff has every right to lift the stay. To get through this you may have to put in a lot of work, just be prepared for either outcome. Im not trying to be a downer, but the ball got dropped somewhere.

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4 minutes ago, MikeB35 said:

This is above my pay grade, but looking at the facts you have presented, you may have missed your opportunity. I don't know how your court or state does things, but there is usually a window to accomplish tasks set out by the state. If you do not meet those windows I'm assuming the Plaintiff has every right to lift the stay. To get through this you may have to put in a lot of work, just be prepared for either outcome. Im not trying to be a downer, but the ball got dropped somewhere.

Okay. Is it possible to settle at this point before a decision has been to go ahead to trial? In between the stay being granted and now they've sent me a letter asking to settle with certain amounts but I didn't respond. If I can settle is settling for half the balance possible?

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I would like others to weigh in to see your options first before we go any further.

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35 minutes ago, MikeB35 said:

I would like others to weigh in to see your options first before we go any further.

Okay. I'll be overnight-ing my opposition today to the court house. If the judge agrees to lift the stay and set a date for trial I'm gonna wait and see if he responds to my opposition before I reach out to do a settlement.

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22 minutes ago, DHABTE said:

Okay. I'll be overnight-ing my opposition today to the court house. If the judge agrees to lift the stay and set a date for trial I'm gonna wait and see if he responds to my opposition before I reach out to do a settlement.

I'm sure the judge will allow you to present your evidence that you did indeed file and comply with the order (albeit very delayed).  If you have "good cause" to show WHY you delayed the filing, I certainly would also present those facts as well.  Maybe you can remember some circumstance last month that would be "good cause" that led to your delay - if you know what I'm saying.

It does not look good on you to ask and then do nothing for almost 3 months, but your tactic now is to just beg for forgiveness and show that you have filed and ask that the stay remain in place.

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28 minutes ago, fisthardcheese said:

I'm sure the judge will allow you to present your evidence that you did indeed file and comply with the order (albeit very delayed).  If you have "good cause" to show WHY you delayed the filing, I certainly would also present those facts as well.  Maybe you can remember some circumstance last month that would be "good cause" that led to your delay - if you know what I'm saying.

It does not look good on you to ask and then do nothing for almost 3 months, but your tactic now is to just beg for forgiveness and show that you have filed and ask that the stay remain in place.

Can I do that through an opposition motion for the lift of stay request?

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