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General Credit Forum / Re: Barclay Card Question
« Last post by BrokeBob on June 15, 2018 05:56:16 PM »
As far as JAMS goes, I don't know if JAMS is in the Barclay's credit card agreement.  You will have to check that out yourself.  i think they used to when my wife had a Barclay's account, but that was about a decade ago and things can change. 

Barclay's is NOT subject to the FDCPA. 

In SOME states, such as California and Wisconsin to name two, there are state laws that are similar to the FDCPA, which also apply to the OC.  I have no idea if this is true in your state.  I don't know what state you are in.

So IF Barclays has an arb agreement, and IF you live in a state which has laws similar to the FDCPA for OCs, THEN you have a case you can file in JAMS for misrepresenting the legal status of the debt. 

If you live in a state without that sort of laws, you should look at what your state's consumer protection laws are for deceptive trade practices.  This may be considered a deceptive trade practice, and it might be actionable. 

If Barclays does NOT have an arbitration agreement, then you would have to file a case in court, for whatever cause you may have against them. 

Nor is it clear you could win this one.  In some cases the hardship provision, as I found out the hard way, turns out to be referring you to a credit counseling service.  For Bank of America, when I called their hardship office, all they did was lower my credit limits to make sure I couldn't borrow anything more, and then they blew me off. 

It depends on what it said in the email.  If they made promises about hardship they did not keep, you probably have a case against them for deceptive practices or fraud or breach of contract (saying the email is in effect a contract) or whatever. 

If they made vague statements about how they have a hardship program and you MAY be eligible for it, then you don't have a case against them.  Except as a possible preemptive strike in JAMS, if JAMS is in their contract. 

Without knowing their contract or what your state laws are, that is the best I can do. 
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General Credit Forum / Re: Barclay Card Question
« Last post by MamaGoneMad on June 15, 2018 04:47:37 PM »
Any help here?  I'm sorry
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Arbitration / Re: Attacking JDB chain of custody
« Last post by Flyingifr on June 14, 2018 11:08:50 PM »
I'm on the right track. I've already raised lack of standing as my affirmative defense along with some others.

Pretty sure the whole case will hinge on that defense because my claim is weak at best.

I'm waiting for the affidavit. I'm pretty sure it's going to be from a robosigner at the JDB saying he/she sees these documents all the time and "yea it's legit."

Saying it's legit and proving it with documentation are two very different things. That simply makes it your words (with an obvious self interest) against their words (with an obvious self interest) and who the Judge believes.
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Arbitration / Re: Attacking JDB chain of custody
« Last post by The Litigator on June 14, 2018 08:24:22 PM »
You have it a little wrong. Chase didn't buy the account, it bought US Bank. By that event, US Bank became Chase. By using the card or not protesting the balance as it flowed from US Bank to Chase, you lost out on the opportunity to object to the Chain of Custody from US Bank to Chase.

JDB has to show that they purchased that particular account from Chase. Their problem is, the Bill of Sale shows what was sold by Chase to US Bank as "see attached list". If JDB doesn't produce that list with your account on it, they fail the Chain of Custody. In effect, they cannot prove they own the account and therefore cannot have any standing to sue.

I'm on the right track. I've already raised lack of standing as my affirmative defense along with some others.

Pretty sure the whole case will hinge on that defense because my claim is weak at best.

I'm waiting for the affidavit. I'm pretty sure it's going to be from a robosigner at the JDB saying he/she sees these documents all the time and "yea it's legit."

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Arbitration / Re: Attacking JDB chain of custody
« Last post by Flyingifr on June 14, 2018 07:34:32 PM »
In JAMS.

JDB is introducing about six months worth of statements from Chase and an affidavit. JDB doesn't have much because JDB bought the account from Chase who bought the account from US Bank. So JDB is the third owner.

I'm thinking the best way to attack is chain of custody.

I'm still confused a bit on how exactly to attack their chain of custody.

You have it a little wrong. Chase didn't buy the account, it bought US Bank. By that event, US Bank became Chase. By using the card or not protesting the balance as it flowed from US Bank to Chase, you lost out on the opportunity to object to the Chain of Custody from US Bank to Chase.

JDB has to show that they purchased that particular account from Chase. Their problem is, the Bill of Sale shows what was sold by Chase to US Bank as "see attached list". If JDB doesn't produce that list with your account on it, they fail the Chain of Custody. In effect, they cannot prove they own the account and therefore cannot have any standing to sue.
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Arbitration / Re: Attacking JDB chain of custody
« Last post by The Litigator on June 14, 2018 06:26:38 PM »
Looks very grim CU.

I don't have much dirt on JDB and was using this to pressure a settlement.

Looks like this will go all the way to an in person hearing. The other side doesn't show signs of flinching.
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Arbitration / Re: Attacking JDB chain of custody
« Last post by CleaningUp on June 14, 2018 05:06:12 PM »
You are not going to be able to challenge the US Bank to Chase transfer.  That was a legitimate purchase of assets that was approved by the OCC.

I would be looking for ambiguity or out-right missing information on the transfer from Chase to the JDB, although in the past few years because of CPFB regulation, the account data that has to be transferred in such sales must be much more complete than in the past.

Of course, one could attempt to attack the account statements themselves and force the JDB to prove that they are, in fact, real statements and that they obtained them in the proper manner.

The CPFB, in the regulation designed to prevent the types of JDB fraud that have occurred in the past, have made it more difficult for people to challenge the authenticity of the evidence that JDB present.

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Arbitration / Attacking JDB chain of custody
« Last post by The Litigator on June 14, 2018 03:04:23 PM »
In JAMS.

JDB is introducing about six months worth of statements from Chase and an affidavit. JDB doesn't have much because JDB bought the account from Chase who bought the account from US Bank. So JDB is the third owner.

I'm thinking the best way to attack is chain of custody.

I'm still confused a bit on how exactly to attack their chain of custody.
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Was there any money in the estate?

Yes, there is... the OP explicitly stated "the estate is in probate"
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If in doubt, pay the OC, not the CA. That way there is no doubt about what you paid, there have been instances where CA's didn't send the money paid to them to the OC's and the OC's never gave the debtors credit for those payments until after a long and drawn out fight.
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