Recommended Posts

Recently served summons for breach of contract on a Barclays card. JDB is Unifund.

I am currently battling PRA in magistrate for a separate suit  (account stated) My knowledge to defend JDB revolves around traditional court litigation.  

After reading arbitration posts, I filed my answer. Denied everything. Affirmative defenses = lack of subject matter (arbitration), Statute of limitations. The scheduling order was made and entered the next day. It appears Unifund already filed a motion to vacate, is this the same as a continuance?

Unifund did not attach a card agreement with their complaint so I'm not 100% certain arbitration is option. It appears most Barclays card agreements do have a arbitration clause. 

Q's

Is Unifund known to follow the defendant through arbitration? Or more or less a sure thing  they eventually walk? 

It's unlikely Unifund can prove breach of contract with proof of a written signed contract and I believe the Sol is close to or has passed (would need to argue accrual of time).

Advise requested on the course of action to take before filing a motion to compel arbitration. 

Thanks

 

 

Share this post


Link to post
Share on other sites

I am a bit confused.  

Normally, a motion to vacate is a motion to set aside a judgment already made.  I am not sure what judgment they are trying to vacate.

One bit of advice: if you want arbitration, file a MTC.  Don't complain that they didn't send an agreement with the suit.  Download a Barclay's agreement, with the arbitration provision, and make them prove that the real agreement doesn't have an arbitration provision.  It appears you are saying maybe there is and maybe there isn't an arbitration provision, who knows, but it would be cool to have arbitration.  Take the initiative.  Force arbitration down their throats.  Most likely they will walk.

Share this post


Link to post
Share on other sites

 opposing motion to vacate came today.  It is simply a continuance request. Counsel also sent a letter saying my Sol argument won't work because of blah blah... said if I filed an answer to postpone judgment I should consider settling to avoid costly litigation... thanks but no way. first because the action is likely time barred second because I found that I do have an arbitration clause. Appreciate your advice about attaching the agreement

Share this post


Link to post
Share on other sites
3 hours ago, Noreturn said:

Is Unifund known to follow the defendant through arbitration?

No JDB has ever followed a consumer into arbitration over a debt collection lawsuit.

  • Like 1

Share this post


Link to post
Share on other sites
18 minutes ago, Harry Seaward said:

No JDB has ever followed a consumer into arbitration over a debt collection lawsuit.

Didn't Unifund follow a year ago in Indiana? That case was strange, because there were two CC debts, and the debtor did a "pre-emptive" arbitration on one of them and arbiter allowed the debts to be joined as one case. The outcome of that was a full arbitration with Unifund emerging victorious.

Other than that one case, Harry is right - they never follow. Plus, the other case was for over 20K, as I recall.

 

Share this post


Link to post
Share on other sites

 opposing motion to vacate came today.  It is simply a continuance request. Counsel also sent a letter saying my Sol argument won't work because of blah blah... said if I filed an answer to postpone judgment I should consider settling to avoid costly litigation... thanks but no way. first because the action is likely time barred second because I found that I do have an arbitration clause. Appreciate your advice about attaching the agreement

Share this post


Link to post
Share on other sites

I wouldn't expect them to over $702.11 then. I'm sure they were banking on a default judgment which a year ago they probably would have gotten one. 

Share this post


Link to post
Share on other sites
5 hours ago, Goody_Ouchless said:

Didn't Unifund follow a year ago in Indiana? That case was strange, because there were two CC debts, and the debtor did a "pre-emptive" arbitration on one of them and arbiter allowed the debts to be joined as one case. The outcome of that was a full arbitration with Unifund emerging victorious.

She made claims against Unifund in arbitration, which tied their hands with respect to not following.  She also didn't follow our advice, and then turned around and accused everyone here that tried to help her of being 'in on it' with Unifund.  Unifund's lawyer (didn't she say that was you, Goody?) also created a huge mess in that case and seemed to be going rogue without Unifund's approval.  That case was a learning experience for a lot of people; Unifund and their lawyer probably learned the hardest lessons of anyone.  It was also a $26,000 combined debt, so I'm sure the amount played a part.

  • Like 1

Share this post


Link to post
Share on other sites
On 1/4/2020 at 6:01 PM, Goody_Ouchless said:

Didn't Unifund follow a year ago in Indiana? That case was strange, because there were two CC debts, and the debtor did a "pre-emptive" arbitration on one of them and arbiter allowed the debts to be joined as one case. The outcome of that was a full arbitration with Unifund emerging victorious.

Other than that one case, Harry is right - they never follow. Plus, the other case was for over 20K, as I recall.

 

I'm in Indiana and was just served for 3 yr old debt of $2400.  That gives me hope if they don't go into arbitration in Indiana.

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.