tinyturtle

Barclays Arbitration Noob Questions

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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?

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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? 

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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?

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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? 

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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

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

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.

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

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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)

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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. 

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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 ."

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@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? 

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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.

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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?

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