tinyturtle

Barclays Arbitration Noob Questions

Recommended Posts

Thank you in advance for anyone willing to help! (Also, apologizing in advance for any typos!)

I commenced arbitration with Barclays about a month ago and finally got the email today that the process has started. 

A little bit about the story:

Im in California. There was a charge for a significant amount. I paid half my bill in good faith so that my credit wouldn't show high utilization and because I didn't expect anything to go wrong. Ended up needing to dispute the charge and won. However, I was only rewarded for the amount that I didn't already pay. So left with around 20k that barclays didn't return. Then it starts getting weird... So, for months after the rewarded dispute Barclays was weirdly showing that I owed around $20k because of some technical glitch and was charging me interest (some of which I accidentally paid because of autopay and was still never returned to me), getting collection calls (unfortunately I never called to ask them to stop), and reported this incorrect information to my credit (even after a couple letters sent to the CRA's to validate the debt). After a couple months I ended up filing a CFPB claim and someone finally called me back. It took a while but they finally removed that I owed around 20k but that was it. The credit history was still left and they also weirdly left the interest that was accrued from not paying that balance and when trying to reach back out no one ever got back to me. So after a while I decided to just send a demand letter with a lawyer letter head and see where that leads. I was demanding around 20k (for the amount that wasn't awarded), for the balance to be rightfully reflected that I don't owe anything, credit history to be fixed, money in interest I paid to be returned, to be un-blacklisted from barclays (as this whole thing got all my cards closed), and listed in the demand that they called me for collections that were never rightfully owed, they didn't properly deliver my adverse action notice (language for closure was too vague), and falsely reported to the credit bureaus unowed amounts... 

Shortly after the demand letter, I noticed that they actually did make my balance $0 on my barclays account. I then got a call from a lawyer who asked if he could delete all the bad credit history could we settle. I said no possible way as I still wan't everything else on the demand letter. I told him if he doesn't intend to cooperate then I will pursue arbitration and touched on how fees for arbitration add up. He then said that barclays is not in the business of rolling over and settling if an arbitration is brought against them and that was basically the end of that. I then filed arbitration. 

So here we are, just wanted to ask for any advice at all as it seems my situation is much different the the other posters as its not debt I' am trying to settle rather money they owe me I am trying to get back. I just got the first letter from the pro se team basically asking if I plan to continue representing myself and acknowledging receipt of the demand for arbitration. Is this where I respond to the email requesting a 3 person arbitration and in person hearings?

Link to post
Share on other sites
23 hours ago, tinyturtle said:

@fisthardcheese @BV80 @BrotherskeeperAny thoughts? Sorry to tag you in this if you had no intention on responding but your response on other threads I have read seem like your experience and knowledge could really help!

I'm afraid your situation is way beyond my experience. If you could please clarify what exactly you stated in your demand as your claims, that would help anyone who might have some good advice for you. 

When you say "3 person arbitration" do you mean for an appeal for a previous arbitration award? What does the arb provision in the Barclay's agreement say? 

  • Like 1
Link to post
Share on other sites
Just now, Brotherskeeper said:

I'm afraid your situation is way beyond my experience. If you could please clarify what exactly you stated in your demand as your claims, that would help anyone who might have some good advice for you. 

When you say "3 person arbitration" do you mean for an appeal for a previous arbitration award? What does the arb provision in the Barclay's agreement say? 

Thank you for your quick response!

The Barclays agreement says this:  "A party can file with the Administrator a written appeal of a single arbitrator’s award within 30 days of award issuance, requesting a new arbitration in front of three neutral arbitrators designated by the Administrator. The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote."

So I guess I can only request a 3 person arbitration if the case does go to appeals and not for the initial case?

 

As for my claims, I thought I listed them above. Was there anything that wasn't clear or was it everything?

Link to post
Share on other sites
On 9/10/2020 at 10:41 PM, tinyturtle said:

I was demanding around 20k (for the amount that wasn't awarded),

"However, I was only rewarded for the amount that I didn't already pay." To be clear, you filed a formal dispute with Barclays for a $40,000 charge. The result of the dispute was that you did not owe the unpaid $20,000.  Did this dispute resolution decision state you were or were not to have received a chargeback of $20,000 for the amount you already paid? Any interest and/or fees included in the dispute resolution decision? 

On 9/10/2020 at 10:41 PM, tinyturtle said:

for the balance to be rightfully reflected that I don't owe anything,

"Shortly after the demand letter, I noticed that they actually did make my balance $0 on my barclays account." Is this information still correct on your current credit reports? 

On 9/10/2020 at 10:41 PM, tinyturtle said:

credit history to be fixed,

"I then got a call from a lawyer who asked if he could delete all the bad credit history could we settle."  Did Barclay's delete this information?

On 9/10/2020 at 10:41 PM, tinyturtle said:

money in interest I paid to be returned,

 

On 9/10/2020 at 10:41 PM, tinyturtle said:

to be un-blacklisted from barclays (as this whole thing got all my cards closed)

 

On 9/10/2020 at 10:41 PM, tinyturtle said:

and listed in the demand that they called me for collections that were never rightfully owed,

 

On 9/10/2020 at 10:41 PM, tinyturtle said:

they didn't properly deliver my adverse action notice (language for closure was too vague),

 

On 9/10/2020 at 10:41 PM, tinyturtle said:

falsely reported to the credit bureaus unowed amounts.

The above are the claims you included in your arbitration demand. Have you done the research on which laws have been violated? 

Is this filed in JAMS or AAA? 

  • Like 1
Link to post
Share on other sites
7 minutes ago, Brotherskeeper said:

"However, I was only rewarded for the amount that I didn't already pay." To be clear, you filed a formal dispute with Barclays for a $40,000 charge. The result of the dispute was that you did not owe the unpaid $20,000.  Did this dispute resolution decision state you were or were not to have received a chargeback of $20,000 for the amount you already paid? Any interest and/or fees included in the dispute resolution decision? 

 

No the dispute decision did not state anything about returning me the already paid amount. As for the interest if the remainder of what I paid and the disputed amount is $0 then there should not have been any interest. The problem was that there was a technical glitch in the system (they admitted to) that showed that the 20k I paid showed as unpaid for several months. Therefore, accruing interest...

7 minutes ago, Brotherskeeper said:

"Shortly after the demand letter, I noticed that they actually did make my balance $0 on my barclays account." Is this information still correct on your current credit reports? 

 

It now shows $0.

7 minutes ago, Brotherskeeper said:

"I then got a call from a lawyer who asked if he could delete all the bad credit history could we settle."  Did Barclay's delete this information?

No. The old history is still reporting as over 100 days late. Any advice on what law they could be violating here? I assumed it was the FCRA

 

 

7 minutes ago, Brotherskeeper said:

 

The above are the claims you included in your arbitration demand. Have you done the research on which laws have been violated? 

Yes I have and I listed them in my demand letter.

7 minutes ago, Brotherskeeper said:

Is this filed in JAMS or AAA? 

AAA

Link to post
Share on other sites
2 minutes ago, Brotherskeeper said:

What did you do to dispute this incorrect information? Did you keep copies? 

Filed a cfpb claim with barclays (its on their website), spoke and informed barclays directly about this, sent out dispute and validation letters to CRA (have copies of this), and sent a demand letter to barclays (and also have a copy of this)

Link to post
Share on other sites
14 hours ago, tinyturtle said:

Filed a cfpb claim with barclays (its on their website), spoke and informed barclays directly about this, sent out dispute and validation letters to CRA (have copies of this), and sent a demand letter to barclays (and also have a copy of this)

That's good. Have you researched the various laws that cover your claims to see what violations you may have? You can read consumer-attorney prepared complaints to see what specifiic elements you need to allege and have proof of for each violation. As I said, others here have experience I don't have in arb and some have brought consumer demands in arb without an attorney. 

  • Like 1
Link to post
Share on other sites
6 hours ago, Brotherskeeper said:

That's good. Have you researched the various laws that cover your claims to see what violations you may have? You can read consumer-attorney prepared complaints to see what specific elements you need to allege and have proof of for each violation. As I said, others here have experience I don't have in arb and some have brought consumer demands in arb without an attorney. 

Likely not as much research as I could/should have done and not entirely sure where to start. Is this something I need to do before the first hearing? Or something that can be done during discovery? In my initial request for an in person hearing the OC attorney objected to an in person hearing. Was just wondering if this is the rule in AAA consumer rules that entitles me to an in person hearing?

"R-29 . Documents-Only Procedure

Disputes may be resolved by submission of documents and without in-person or telephonic hearings . For cases being decided by the submission of documents only, the Procedures for the Resolution of Disputes through Document Submission (found at the end of these Rules) shall supplement these Rules . These Procedures will apply where no disclosed claims or counterclaims exceed $25,000 (see R-1(g)), unless any party requests an in-person or telephonic hearing or the arbitrator decides that a hearing is necessary ."

Link to post
Share on other sites

@tinyturtle Did you read Fisthardcheese's pinned thread on arbitration? Do you feel comfortable winging it or drafting a last minute formal demand brief to go up against an experienced attorney? If yes, then you can probably wait. If you don't feel you know enough to make and support your allegations, and then persuasively argue your case, then you need to look up the laws you believe were violated. 

What does your Barclays agreement's arbitration provision state about in-person hearings? Arbitration is a matter of contract. (IANAL) If the Barclays arb provision is silent on your entitlement to an in-person hearing, then you would look to the AAA consumer rules for guidance. 

R-1. Applicability (When the AAA Applies These Rules)

"When parties have provided for the AAA’s rules or AAA administration as part of their consumer agreement, they shall be deemed to have agreed that the
application of the AAA’s rules and AAA administration of the consumer arbitration shall be an essential term of their consumer agreement."

 

"R-2. Starting Arbitration under an Arbitration Agreement in a Contract
(a) Arbitration filed under an arbitration agreement naming the AAA shall be started in the following manner:
(1) The party who starts the arbitration (referred to as the “claimant” throughout the arbitration) must contact, in writing, the party that the case is filed against
(referred to as the “respondent” throughout the arbitration) that it wishes to arbitrate a dispute. This written contact is referred to as the Demand for
Arbitration (“Demand”). The Demand must do the following:

• Briefly explain the dispute

• List the names and addresses of the consumer and the business, and, if known, the names of any representatives of the consumer and the business

• Specify the amount of money in dispute, if applicable

• Identify the requested location for the hearing if an in-person hearing is requested

• State what the claimant wants"


If Barclays objects to an in-person hearing that you have requested, it will be up to the administraitor to decide the issue, won't it? 

  • Like 1
Link to post
Share on other sites
On 9/10/2020 at 10:41 PM, tinyturtle said:

Is this where I respond to the email requesting a 3 person arbitration and in person hearings?

No.  There is no 3-person arbitration.   This is just the start of your case, and the Admin is asking if you are representing yourself so that they can file it with the Pre-Se Admin staff.  I would simply email back and state that I am representing myself pro-se and that this is a CONSUMER arbitration matter.

4 hours ago, tinyturtle said:

In my initial request for an in person hearing the OC attorney objected to an in person hearing

He can object, and you can respond to the objection demanding an in-person hearing citing the consumer rule regarding such.  Also state that you intend to ask Barclay's to present a live witness with first hand knowledge of your disputes and on-going issues with your account.

4 hours ago, tinyturtle said:

Is this something I need to do before the first hearing? Or something that can be done during discovery?

Researching the laws and knowing what laws they violated should have been done well before filing the case.  Regardless, you must do this NOW.  You need to start working on a full brief that clearly lays out what happened, what actions you took and what actions or inaction THEY took and how those actions or inactions violated which laws. Both CA and Federal laws.  Some laws to look up would be any California Unfair Business Practices laws (sometimes referred to as UDAP laws), the Federal Fair Credit Billing Act, the Fair Credit Reporting Act, and potentially the overly complicated Regulation Z part of the CFB (Truth in Lending Act).

Since it is early, you have at least a month, so I would put together a formal brief and have it ready.  The first step is that Barclay's will get a $5k bill from AAA.  They will pay it.  Then an arbitrator will be appointed and contact you to set a date for an initial phone conference.  The initial conference call is to set dates for discovery and the hearing.  During the call, ask the arbitrator for permission to submit a formal brief outlining your full dispute.  You can ask for 30 days or so to have it submitted if you need more time to complete it.  He SHOULD grant that.  And he will also give the other side time to file a reply to your brief.  After that, you need to figure out what discovery items and questions to send to Barclays to prove that the charge was not yours and that they did not refund any amount you paid in error and start to have documentation to back up your brief that can be presented at the hearing.

Because of COVID, I would expect that an in-person hearing will likely be denied, but I would still push for at least a Zoom call hearing.

  • Like 2
Link to post
Share on other sites
On 9/15/2020 at 5:27 PM, fisthardcheese said:

No.  There is no 3-person arbitration.   This is just the start of your case, and the Admin is asking if you are representing yourself so that they can file it with the Pre-Se Admin staff.  I would simply email back and state that I am representing myself pro-se and that this is a CONSUMER arbitration matter.

He can object, and you can respond to the objection demanding an in-person hearing citing the consumer rule regarding such.  Also state that you intend to ask Barclay's to present a live witness with first hand knowledge of your disputes and on-going issues with your account.

Thank you so much @fisthardcheese! Was hoping to get your insight with all of this. Does the consumer rule I listed above cover my in person hearing request? I couldn't find another rule regarding such. Is the live witness something I would request at the initial hearing or on my rebuttal response to his objection?

Quote

 

Researching the laws and knowing what laws they violated should have been done well before filing the case.  Regardless, you must do this NOW.  You need to start working on a full brief that clearly lays out what happened, what actions you took and what actions or inaction THEY took and how those actions or inactions violated which laws. Both CA and Federal laws.  Some laws to look up would be any California Unfair Business Practices laws (sometimes referred to as UDAP laws), the Federal Fair Credit Billing Act, the Fair Credit Reporting Act, and potentially the overly complicated Regulation Z part of the CFB (Truth in Lending Act).

Yeah I started this several months back and listed the violations for the demand letter but I will need to get more of an understanding and get more detailed. Is there a template I can follow for how a brief should look?

Quote

 

Since it is early, you have at least a month, so I would put together a formal brief and have it ready.  The first step is that Barclay's will get a $5k bill from AAA.  They will pay it.  Then an arbitrator will be appointed and contact you to set a date for an initial phone conference.  The initial conference call is to set dates for discovery and the hearing.  During the call, ask the arbitrator for permission to submit a formal brief outlining your full dispute.  You can ask for 30 days or so to have it submitted if you need more time to complete it.  He SHOULD grant that.  And he will also give the other side time to file a reply to your brief.  After that, you need to figure out what discovery items and questions to send to Barclays to prove that the charge was not yours and that they did not refund any amount you paid in error and start to have documentation to back up your brief that can be presented at the hearing.

Because of COVID, I would expect that an in-person hearing will likely be denied, but I would still push for at least a Zoom call hearing.

Assumed as much with the Covid thing. Would that mean that costs will not be as high? 

A couple other questions I had were, how many days would I say is needed to settle this matter if that question is brought up by the arbitrator? And is there a point where I should reach out to the lawyer asking them to settle? Perhaps insisting I intend to take this through appeals?

Link to post
Share on other sites
On 9/15/2020 at 8:27 PM, fisthardcheese said:

 

Since it is early, you have at least a month, so I would put together a formal brief and have it ready.  The first step is that Barclay's will get a $5k bill from AAA.  They will pay it.  Then an arbitrator will be appointed and contact you to set a date for an initial phone conference.  The initial conference call is to set dates for discovery and the hearing.  During the call, ask the arbitrator for permission to submit a formal brief outlining your full dispute.  You can ask for 30 days or so to have it submitted if you need more time to complete it.  He SHOULD grant that.  And he will also give the other side time to file a reply to your brief.  After that, you need to figure out what discovery items and questions to send to Barclays to prove that the charge was not yours and that they did not refund any amount you paid in error and start to have documentation to back up your brief that can be presented at the hearing.

Because of COVID, I would expect that an in-person hearing will likely be denied, but I would still push for at least a Zoom call hearing.

@fisthardcheese I have my initial phone preliminary hearing conference call set for mid January. Do I have to have the formal brief completed by then? Or is that what the discovery phase is for? What do I need ready for the pre lim hearing?

 

For the formal brief is there a format or example I can follow to finalize my brief in the correct format?

 

Some follow up questions that I couldn't find a response to on my previous post:

 

A couple other questions I had were, how many days would I say is needed to settle this matter if that question is brought up by the arbitrator? And is there a point where I should reach out to the lawyer asking them to settle? Perhaps insisting I intend to take this through appeals?

 Is the live witness something I would request at the initial hearing or on my rebuttal response to his objection?

Link to post
Share on other sites

@tinyturtle As I mentioned, I have very limited information on what happens in arbitration. I am guessing that your initial prelim call will cover what both sides will need (scope of discovery, live witnesses, and thus the need for an in-person (or video or conference call equivalent) hearing to give the arbitrator an idea of the complexity of your case/claims and the timing that will be needed.

Parties are free to settle at any time, so I can't imagine the arbitrator is going to block out days for you to work on a settlement. I would have an idea of what it will take for you to settle. I suspect Barclays will want to see the strength of your case before they try to settle with you. I can't possibly know that, of course. 

On 9/15/2020 at 9:46 PM, tinyturtle said:

During the call, ask the arbitrator for permission to submit a formal brief outlining your full dispute.  You can ask for 30 days or so to have it submitted if you need more time to complete it.  He SHOULD grant that.  And he will also give the other side time to file a reply to your brief.  After that, you need to figure out what discovery items and questions to send to Barclays to prove that the charge was not yours and that they did not refund any amount you paid in error and start to have documentation to back up your brief that can be presented at the hearing.

@LaneBlane recently went through this arb process, had an in-person hearing with witnesses over 2 days, and is awaiting the decision. Lane is very busy with work but may be able to give you a few pointers. 

As I suggested to you a while ago, looking at attorney-prepared briefs filed in federal court on consumer cases (may need to set up a Pacer account) for some of the laws you think have been violated is always a good place to start. Reading judge's and appeals court rulings on the cases involving the laws you think have been violated will educate you on the elements and evidence needed to prevail. Arb is less formal and a pro se is not expected to have the knowledge or polish of a licensed member of the bar. However, you have to persuade an arbitrator to find in your favor. Your arguments and evidence to support them have to be solid. 

Link to post
Share on other sites
On 12/28/2020 at 6:43 PM, tinyturtle said:

I have my initial phone preliminary hearing conference call set for mid January. Do I have to have the formal brief completed by then? Or is that what the discovery phase is for? What do I need ready for the pre lim hearing?

My in-person arbitration hearing took place last month.  It was also with AAA. During the preliminary phone hearing the arbitrator, Respondent's attorney, and I discussed the location for the in-person hearing and how many people (including witnesses) would be in attendance for both sides.  We also set the hearing date and the date by which all exhibits and a witness list needed to be exchanged.    There was some discussion about the extent of discovery that would be required.

I would be prepared with some dates on which you'll be available for an in-person hearing.  I'd recommend setting it no sooner than 3-4 months from the date of the call.  This will allow time for proper discovery.

What exactly do you mean by formal brief?  Have you received a response to your Demand for Arbitration?  (The Respondent isn't required to submit one.)

On 12/28/2020 at 6:43 PM, tinyturtle said:

A couple other questions I had were, how many days would I say is needed to settle this matter if that question is brought up by the arbitrator? And is there a point where I should reach out to the lawyer asking them to settle? Perhaps insisting I intend to take this through appeals?

 Is the live witness something I would request at the initial hearing or on my rebuttal response to his objection?

You should register on AAA's website at adr.org.  This will allow you to view the history of the case and bring up copies of the documents and orders that have been filed.  The system also includes a settlement portal where either party can send a settlement offer.  Offers can be rejected or countered and the process is confidential between the Claimant and Respondent.

Witnesses, evidence, and exhibits are not presented until the in-person hearing. 

On 9/10/2020 at 9:41 PM, tinyturtle said:

There was a charge for a significant amount. I paid half my bill in good faith so that my credit wouldn't show high utilization and because I didn't expect anything to go wrong. Ended up needing to dispute the charge and won. However, I was only rewarded for the amount that I didn't already pay. So left with around 20k that barclays didn't return.

Can you explain in the simplest terms possible how much you believe Barclays owes you and why?

You really need to put yourself in Barclays shoes and think about documents in their possession.  Do you have anything in writing about a technical glitch that caused your account to accrue interest?  What document can you request during discovery to make your case?  Is there an interrogatory you can ask that will help?  Speaking from experience, Discovery isn't served with a few ounces of truth serum.  Expect them to be as unforthcoming as possible.

 

 

 

  • Like 2
Link to post
Share on other sites

I wanted to add one other thing.   You should be able to easily and clearly explain how much you believe Barclays owes you and why.   Think of this as prep work on your two-minute opening statement for the in-person hearing.

  • Like 2
Link to post
Share on other sites
17 minutes ago, admin said:

@LaneBlane Do you know if they are still having in-person hearings?

My in-person hearing took place in Minneapolis at the arbitrator's office at the beginning of December 2020.  Looking at AAA's website, things may have changed.  They have an online Covid-19 Resource Center that reads, Now, with the “new normal,” our hearing locations, like most physical locations, are not accessible. Hearings must take place with all the participants working remotely, which adds a new set of challenges.  https://go.adr.org/covid-19-virtual-hearings.html

All who attended my in-person hearing were required to follow state Covid-19 guidelines which included a mask mandate.  When we first entered the hearing room the arbitrator took an informal vote on whether we should wear masks while in the hearing room.  We chose not to.

Link to post
Share on other sites
36 minutes ago, LaneBlane said:

My in-person hearing took place in Minneapolis at the arbitrator's office at the beginning of December 2020.  Looking at AAA's website, things may have changed.  They have an online Covid-19 Resource Center that reads, Now, with the “new normal,” our hearing locations, like most physical locations, are not accessible. Hearings must take place with all the participants working remotely, which adds a new set of challenges.  https://go.adr.org/covid-19-virtual-hearings.html

All who attended my in-person hearing were required to follow state Covid-19 guidelines which included a mask mandate.  When we first entered the hearing room the arbitrator took an informal vote on whether we should wear masks while in the hearing room.  We chose not to.

Interesting.

Link to post
Share on other sites
On 1/4/2021 at 7:51 PM, LaneBlane said:

My in-person arbitration hearing took place last month.  It was also with AAA. During the preliminary phone hearing the arbitrator, Respondent's attorney, and I discussed the location for the in-person hearing and how many people (including witnesses) would be in attendance for both sides.  We also set the hearing date and the date by which all exhibits and a witness list needed to be exchanged.    There was some discussion about the extent of discovery that would be required.

I would be prepared with some dates on which you'll be available for an in-person hearing.  I'd recommend setting it no sooner than 3-4 months from the date of the call.  This will allow time for proper discovery.

What exactly do you mean by formal brief?  Have you received a response to your Demand for Arbitration?  (The Respondent isn't required to submit one.)

You should register on AAA's website at adr.org.  This will allow you to view the history of the case and bring up copies of the documents and orders that have been filed.  The system also includes a settlement portal where either party can send a settlement offer.  Offers can be rejected or countered and the process is confidential between the Claimant and Respondent.

Witnesses, evidence, and exhibits are not presented until the in-person hearing. 

Can you explain in the simplest terms possible how much you believe Barclays owes you and why?

You really need to put yourself in Barclays shoes and think about documents in their possession.  Do you have anything in writing about a technical glitch that caused your account to accrue interest?  What document can you request during discovery to make your case?  Is there an interrogatory you can ask that will help?  Speaking from experience, Discovery isn't served with a few ounces of truth serum.  Expect them to be as unforthcoming as possible.

 

 

 

Thank you so much for this and thank you @Brotherskeeper for tagging him in this post. It is very much appreciated!

@LaneBlane Prior to submitting the case for arbitration I sent a demand letter to Barclays. Referencing my case and my demands and if my demand were not met I would proceed to arbitrate. Barclays lawyer then responded basically rejecting my claims and my demands. That was outside of arbitration though if that matters.

In regards to the formal brief . @fisthardcheese recommended to have one made a couple posts above. I guess my main question for now is for the pre lim hearing do I need to have any of that prepared to submit or anything formally written ready to submit? If not, Are you saying I can ask for a couple months to submit such a brief?  

To be honest I am completely lost on what witnesses I would call for such a case and even what discovery or interrogatories I would request. As for the technical glitch there was nothing in writing but it was discussed over phone calls with the customer service reps and can likely be clearly evident with the CC statements. So I guess I would ask for CC statements, which I already have access to online, can I ask for call transcripts/recordings? What else would I really ask for in a pretty straightforward case like this. 

To hopefully procure better answers here again is a summary of what happened:

I charged around 32k on a CC. I paid 19k of it because I didn't want a high balance to report to my CB and I didn't believe any issues would arise. Charge ended up needing to be disputed. I was rewarded the dispute, but only for 13k which is only the amount I had not already paid off. They claimed that the other amount did not meet their criteria under their T&C. However, instead of now showing a $0 balance ( because on a 32k balance I paid 19k of it and the rest was won in the dispute) the amount glitched and showed that I owed 19k (the amount I initially paid). For several months that balance accrued interest and reported to my CB as late and delinquent. Until, I filed a CFPB claim which led to them finally calling me back and discussing it. It took several calls to figure out but they finally realized they made a mistake and fixed it. They then removed the 19k balance but left the interest and such. They didn't answer my calls after that to further resolve the issue. When I sent a demand letter asking for 19k  (the amount I was not awarded in the original dispute) I also discussed the laws they breached by incorrectly reporting my accounts to the CB and the fact they billed me interest and fees incorrectly, the damage they caused to my credit and such... And also the fact that they closed my accounts without notice and sent an explanation letter stating vague language which I stated violates FCRA adverse action rules.

In my demand, I  asked that the full dispute gets rewarded and to pay me any amount of interest/fees I paid due to their glitch (around $500). As opposed to going after them for all the violations I listed they committed.

Thank you for listening and I truly appreciate any and all help!

Link to post
Share on other sites
4 hours ago, tinyturtle said:

I charged around 32k on a CC. I paid 19k of it because I didn't want a high balance to report to my CB and I didn't believe any issues would arise. Charge ended up needing to be disputed. I was rewarded the dispute, but only for 13k which is only the amount I had not already paid off. They claimed that the other amount did not meet their criteria under their T&C. However, instead of now showing a $0 balance ( because on a 32k balance I paid 19k of it and the rest was won in the dispute) the amount glitched and showed that I owed 19k (the amount I initially paid). For several months that balance accrued interest and reported to my CB as late and delinquent. Until, I filed a CFPB claim which led to them finally calling me back and discussing it. It took several calls to figure out but they finally realized they made a mistake and fixed it. They then removed the 19k balance but left the interest and such. They didn't answer my calls after that to further resolve the issue. When I sent a demand letter asking for 19k  (the amount I was not awarded in the original dispute) I also discussed the laws they breached by incorrectly reporting my accounts to the CB and the fact they billed me interest and fees incorrectly, the damage they caused to my credit and such... And also the fact that they closed my accounts without notice and sent an explanation letter stating vague language which I stated violates FCRA adverse action rules.

You really need to come up with a better way of explaining the situation.  It takes far too long to read this and decipher what you're saying.  It still isn't clear.

If there was a glitch, you should easily be able to identify this by reviewing a running balance of your account.  Have you requested this from Barclays or their attorney?  If you had a balance of $13,000 which should have been zeroed out after the award you received, and the balance increased from $13,000 to $19,000 instead, you'll be able to see when this adjustment was made and all the interest and fees that have accrued since that time.

You said you sent a demand letter asking for $19,000, the amount you weren't awarded in the original dispute.  You've already been awarded $13,000 which represented the balance of your $32,000 charge.  Does this mean you're asking for a total of $32,000 in damages for FCRA violations?

Link to post
Share on other sites
20 hours ago, tinyturtle said:

I guess my main question for now is for the pre lim hearing do I need to have any of that prepared to submit or anything formally written ready to submit? If not, Are you saying I can ask for a couple months to submit such a brief?  

They arbitrator may ask for a list of claims or detail of claims.  If he does, or if he does not, I always ask if I can have 30 days to file a detailed brief of my claims.

 

20 hours ago, tinyturtle said:

What else would I really ask for in a pretty straightforward case like this.

 

20 hours ago, tinyturtle said:

I filed a CFPB claim

Sounds like I would ask for all communications between the bank and CFPB relating to my dispute filed through the CFPB

Ask for all records of phone calls between the bank and yourself.  Ask for all correspondence between the bank and yourself (letters you sent them and letters they sent you). 

you can try to ask them to produce a witness from the bank with firsthand knowledge of your account and your disputes, but they may refuse.  If they refuse, then I would just make sure to object to any statements the attorneys make regarding your account balance or the disputes (or lack of disputes) and state that the attorney has no firsthand knowledge of your account or the balance or the disputes.  (but that is down the road well after the initial phone hearing)

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.