Fighting credit bureaus, creditors and debt buyers

Category Archives: Equifax

My 5/11/16 opening brief re. my Midland, Equifax and Bursey & Associates appeal

I’m sorry I haven’t posted in so long, but I’ve been extremely busy.

Last September the Phoenix district court dismissed ALL my claims against Equifax and Midland Funding / MCM.

I appealed and last night I filed my informal opening brief:

5-11-16–doc-12-Opening-Brief

After two weeks of doing not much else but read the orders and filings and doing a ton of research, my brain is fried and I have to attend to the gardens for a few days.

However, having to relive how I got railroaded in kangaroo court motivated me very much to update and post here again.

It’s incredibly that Equifax stepped up to defend Midland / MCM to get an obviously unjust dismissal.

The lies, the deceit … it’s so hard to find justice in the courts because the judges ACTIVELY  encourage the most deplorable practices such as Midland claiming that I failed to respond to their motion for judgment on the pleading re. my FDCPA claims when I had in fact THREE more days to reply.  Judge Campbell couldn’t have cared less …

My case was reassigned to judge Logan and he refused to extend the discovery deadlines even though none of the defendants objected (I attached their emails).

I NEVER got to see the Equifax initial disclosures and had LESS than 3 months from the Equifax and Midland/MCM answers to my amended complaint until discovery closed.

It’s so unfortunate that ALL we can do is appeal.  I ran across several FDCPA and FCRA cases in Arizona and it’s depressing to read those rulings.

A key issue with Midland / MCM is that they charged interest PRIOR to its ownership of the accounts.

When they sued me in justice court, I argued that it was an FDCPA violation to charge “pre-ownership” interest for my HSBC accounts (HSBC did not add interest to the accounts after they charged off).   So they “waived” all “prejudgment” interest in their motion for summary judgment to get a dismissal of my FDCPA claims.

Then they continued to report this “waived” interest to the credit bureaus and verified after my disputes in 2013 AFTER I sued them!  The nerve …

Most people with credit cards have received credits for late fees, over limit fees and interest due to whatever issues.  Imagine the uproar if the banks later ADDED these charges again!

If anyone has relevant case law regarding such a situation, please let me know!

Motion to join Trans Union denied and Equifax and Midland filed motions for summary judgment

It took me over 2 hours to download, print and file the 10/31/14 Equifax and Midland Funding motions for summary judgment and my responses are due in a couple of weeks on December 3.

It is very odd that judge Logan denied my motion to amend my complaint and to join TU so that defendants wouldn’t be prejudiced because the defendants did NOT object to the joinder of TU.  He also did NOT extend the discovery deadlines as we had requested.   So now nobody got done with discovery and Equifax hasn’t even submitted its initial disclosures.  If its motion for summary judgment is denied, we go to trial without any discovery whatsoever.  Very strange!

And I’ll have to file a new lawsuit against Midland and TU for the FCRA and FDCPA violations due to the false verifications of the Midland accounts by TU in 6/14.  Of course first thing’s first, need to respond to the motions for summary judgment.   I’d love to buy the NCLC FCRA book for $250, but I just paid auto insurance and my annual web hosting is due soon, so I’ll greatly appreciate any donations through GoFundMe (almost 10% in fees) or directly via Amazon Payments, Dwolla or by check.

I was hoping to upload all major filings, but with my extremely slow internet connection (1 mb download max on a good day and of course much slower uploads), I don’t know when I get to that.  Rumor has it that we’ll get high speed wireless within a few months or even weeks and I’m delaying major web work until then.

I will however post the Equifax documentation with the Midland verifications and the Midland account info clearly showing that they charge entirely FRAUDULENT interest from the time the accounts were charged off to when they purchased the accounts — charging interest while they did NOT own the accounts!

Midland’s practice to charge interest for the time prior to its purchase apparently affects all collection accounts owned by Midland and I estimate that Midland (Encore Capital Group ECPG) collected and continues to attempt to collect MILLIONS of dollars in entirely fraudulent interest charges.

This fraud needs to stop!

 

 

 

Midland and Equifax settlement conference rescheduled

It was a nightmare last week leading up to the settlement conference scheduled for 7/7.

I would have NEVER agreed to a settlement conference had I known that the defendants would appear by telephone, see my post Settlement discussions with Midland Funding and MCM.

I had been out all day when I got the judge’s order granting Midland’s motion to appear telephonically despite my opposition and I ended up working on my motion to reschedule the hearing to August till 3:30 AM.  In the alternative, I requested permission to appear telephonically.   Why the hell should *** I *** have to incur the costs and waste MY time to have to travel to Phoenix?  After all, I filed the lawsuit in Kingman and Midland had it removed to federal court.

Out of nowhere, Equifax had also filed a motion to appear telephonically. Apparently it was just served by the US Marshals Services on 6/26.

Fortunately, the hearing was rescheduled to 8/19 on the Wednesday before the 4th of July, but I have to drive to Phoenix to attend.  Then Equifax wanted to move the hearing to 8/18 due to their attorney’s travel schedule.   I offered to go on the 18th which requires an extra day car rental if Equifax pays for my extra costs, but they advised that they would not reimburse my additional expenses.  So it’s 8/19 and both Equifax and Midland will appear by phone.  Considering how sick and tired I am of those lying lawyers, settlement is extremely unlikely.

I have to say that it is extraordinary how the lawyers are deliberately offending me, lying to me and being at their absolute worst.  Obviously, they get paid much more if we don’t settle and they managed to piss me off tremendously in those weeks leading up to the settlement conference.  Great job!

There is the option to cancel the conference if we feel that it will not be productive and I’ll probably do that.

My next post will be about Midland’s refusal to provide ANY documents requested through discovery unless I sign a confidentiality order.

Equifax blatant LIES to the CFPB

I KNEW they would lie and that’s why I did not attach the saved Equifax security questions when I initially submitted my complaint to the Consumer Financial Protection Bureau after Equifax refused to provide my free annual report and refused to allow me to dispute online.  Give a credit bureau rope and they will hang themselves!

Here is the Equifax response to my CFPB complaint:

Company responded
Equifax said:
Explanation of closure

As required by the Fair Credit Reporting Act, Equifax must obtain proper identification from a consumer before disclosing any information regarding his/her credit file. This is a security measure to protect the confidentiality of the consumer’s credit file information. The security questions presented to the consumer via the online system are in place to ensure the correct person is requesting the credit file. Each question is designed for the consumer to provide a response either verifying information or answering the appropriate response not applicable if the information does not pertain. If the questions are not answered appropriately the consumer will fail the authentication process and will not receive the credit file online. If you want a copy mailed to your home address please call 888-215-3859.

Response

*Equifax has reviewed the complaint and its records. *Equifax did not receive any additional communications from the consumer during the review of the complaint. *No follow up actions are required in further response to the complaint.

I don’t know why it says “explanation of closure” and here is my response:

1) Equifax LIED to the CFPB.  I answered the security questions CORRECTLY.
Attached are the two pages with the security questions as submitted to Equifax.

Please do whatever it takes to make Equifax comply with the law.  Equifax MUST provide the free annual credit reports and accept disputes.  Equifax routinely refuses the free annual reports because it is much more profitable to make consumers PAY.

2) Equifax completely IGNORED the fact that I don’t want my credit reports snail mailed because I don’t want to be subjected to identity theft.

3) I hope that the CFPB will not tolerate Equifax’s blatant lies.

4)  Don’t you think that I deserve COMPENSATION for having to waste my time on this?

Equifax FAILED to make ANY attempt to provide me with my credit report. I also feel that Equifax should have to pay a penalty to the CFPB for failing to comply with the law and then LYING about it. Until Equifax has to PAY for its blatant misrepresentations and violations of consumer protection laws it will continue to PROFIT from making consumers PAY for credit reports it is legally required to provide free of charge. The thugs who run Equifax know that most consumers will rather pay for the reports than suffer through dealing with the Equifax automated phone system and having to wait weeks for the report while subjecting themselves to identity theft.

Sincerely,

Christine Baker

[Attached are the two pdfs with the CORRECTLY answered security questions.]

I don’t know whether there will ever be a review of this complaint by a real person at the CFPB.  I will update.

Did you know that most identity theft  is committed by friends and family?

I’m talking about people using your info to apply for loans, rent cars and get utilities in your name — NOT the unauthorized use of a credit card due to hackers getting your card info from a merchant (VERY easy to fix by disputing the charges with the issuing bank.)

Family, friends and roommates have easy access to all your info. I worked with mortgage and credit clients for 25 years and most ID theft was committed by people they knew.   However, due to this personal relationship with the perps fewer than 10% were reported to law enforcement.  While it truly sucks when someone continually misuses your info, few people want to risk physical confrontations.  And who really wants to send their Mom to jail?

Receiving credit reports by snail mail substantially increases your risk of “real” ID theft as the credit reports include lots of personal info such as previous addresses, jobs, etc.

My CFPB complaint about the Equifax refusal to provide my free annual report

I’m sorry I haven’t posted in such a long time, but the litigation against Midland Funding, Midland Credit Management and its attorneys has taken up an enormous amount of my time.  Today I’ve been working on my reply in support of my motion to amend my complaint to add violations of the Fair Credit Reporting Act and to join Equifax as it verified incorrect data for the Midland accounts in response to my disputes.

In July and September I disputed the Midland accounts online at the Equifax site.   Today I wanted to see whether they finally corrected the reporting and I wanted to dispute again if they did not correct, but Equifax would not allow me to review or dispute the accounts:

11-22-13--Equifax-dispute-decline

I can’t wait to see what information supposedly did not match their records.

Here is my complaint with the Consumer Financial Protection Bureau: Continue Reading