tinyturtle

Barclays Arbitration Noob Questions

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13 hours ago, Brotherskeeper said:

Barclays agreed that you did in fact have the "right" not to pay the "remaining amount due" on the purchase. Why do you believe Barclays should have refunded the $19K you already paid? Is there another clause in this agreement that covers this?

What were the dispute or refund terms of the purchase agreement between you and the merchant? 

I agree with Brotherskeeper here.   The agreement reads, "...you may have the right not to pay the remaining amount due on the purchase."  The amount you didn't pay was $13k, the amount Barclays credited.  As Barclays explained, they did not reverse the $19k because you'd already paid this portion of your credit card bill.  You'll have to find out if this is a violation of any law.

Have you filed a police report concerning the goods that were never delivered?  If not, why?

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7 hours ago, fisthardcheese said:

 

I don't know that it is without having all of the facts and evidence and looking up RICO cases.  I only recall that a similar argument was used a couple times prior in bank cases, though I don't know how similar the cases were to this off the top of my head.  I am just saying, in regards to op asking what other statutes were available to him, that RICO in addition to things like FCRA, TCPA, UDAP, and Reg Z are things I look at to consider when taking a case deep into arbitration.

Going off what you do know so far... Can I ask how you could possibly assume a RICO violation?

 

8 minutes ago, LaneBlane said:

I agree with Brotherskeeper here.   The agreement reads, "...you may have the right not to pay the remaining amount due on the purchase."  The amount you didn't pay was $13k, the amount Barclays credited.  As Barclays explained, they did not reverse the $19k because you'd already paid this portion of your credit card bill.  You'll have to find out if this is a violation of any law.

Currently looking into if other banks all have similar policies. If they don't then I believe I can use the argument that since it's not a common condition among other banks and it surprised me or caused me hardship it can be striked out. Of course that is all something I have to look deeper into.

Also,  (copying from my prior post since did not get a response) not sure if I can use this but per UDAP 1770: 19) Inserting an unconscionable provision in the contract is a violation. With that, among the other things I am claiming they violated in the initial demand letter, I said if they refunded me the 19k then I wouldn't pursue them for all these other violations. 

Do you think that the arbitrator will just throw out that claim because the terms state they are able to do such or is it not as cut and dry and something I can argue about the fairness of the term?

8 minutes ago, LaneBlane said:

Have you filed a police report concerning the goods that were never delivered?  If not, why?

Yes I have. Nothing came of the report though. 

 

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3 minutes ago, tinyturtle said:

I said if they refunded me the 19k then I wouldn't pursue them for all these other violations.

Barclays doesn't have the $19k.  The merchant does.

4 minutes ago, tinyturtle said:

Yes I have. Nothing came of the report though. 

So... a merchant stole $19k from you and the police did nothing?  Have they conducted an investigation or interviewed the merchant?

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I had my prelim hearing today and Barclays failed to appear on the call. The arbitrator and I stayed for 10 minutes waiting until she decided to end the call and schedule another meeting.

She seemed unsure when I asked if they will now be billed another fee for rescheduling and believed it wouldn't add any cost to them.

Do I have any leverage I can apply since they missed this first call? Maybe bring something up that I now have to take off more work for the rescheduled call or is that petty? 

Quote

R-39. Arbitration in the Absence of a Party or Representative

The arbitration may proceed even if any party or representative is absent, so long as proper notice was given and that party or representative fails to appear or obtain a postponement from the arbitrator. An award cannot be made only because of the default of a party. The arbitrator shall require the party who participates in the hearing to submit the evidence needed by the arbitrator to make an award.

Not sure what to make of this. If I stated this rule during the call would it have changed anything?

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Just now, LaneBlane said:

Barclays doesn't have the $19k.  The merchant does.

Barclays could have disputed it when they disputed the 13k. I am arguing that they should have done that. The fact that they failed to do so and now the merchant has the money is a different issue.

Just now, LaneBlane said:

So... a merchant stole $19k from you and the police did nothing?  Have they conducted an investigation or interviewed the merchant?

I filed the report in CA and the merchant was in NY. I followed up several times but nothing was done. It is more complex than this. This merchant defrauded lots more people (in the millions) and basically ran away. It happened nearly 2 years ago. I know the FBI and DA in NY were looking into it but I have reached out several times over the 2 years and have yet to hear any update. They told me when they took my story that a case like this can take years and since schemers like this plan these out to have no assets after their name to come after and there is rarely any restitution recovered just jail time (which would be great to hear).

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13 hours ago, tinyturtle said:

Barclays could have disputed it when they disputed the 13k. I am arguing that they should have done that.

They could have... but they didn't.

You need to be prepared to cite a particular consumer law concerning this.  Also, what does your agreement with Barclays say with respect to their responsibility to dispute a customer's credit card transaction?  Do they explain an appeals process?

13 hours ago, tinyturtle said:

I filed the report in CA and the merchant was in NY. I followed up several times but nothing was done. It is more complex than this. This merchant defrauded lots more people (in the millions) and basically ran away. It happened nearly 2 years ago. I know the FBI and DA in NY were looking into it but I have reached out several times over the 2 years and have yet to hear any update. They told me when they took my story that a case like this can take years and since schemers like this plan these out to have no assets after their name to come after and there is rarely any restitution recovered just jail time (which would be great to hear).

You should have filed a police report in New York shortly after this happened and made Barclays aware this action had been taken.  This would have given so much more weight and credibility to your dispute.   Have you provided Barclays with any information concerning the investigations involving the FBI and the DA?

As I mentioned earlier, you need to cite a particular consumer law concerning this.  You can't just go by your belief of what is and is not right or just.

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