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Thursday, November 29, 2007

United Online (Netzero) suit update: court used INCORRECT old rules

NetZero had filed a motion for summary judgment (more on that in the next posting) and we previously had the trial hearing scheduled for 12/3, next Monday.  Since I haven’t received anything from the Kingman justice court about vacating that hearing, I called them yesterday. 

They told me that the hearing would be held.  When I asked what the purpose of the hearing would be since I have until AFTER the hearing to respond to the msj, she told me that I had only 20 days to respond to the motion (15 days + 5 days for mailing) and that my response had to be filed today as she would give the file to the judge for ruling on Friday morning.

I had researched the Arizona state rules and read that I had 30 days, plus 5 days for mailing.  I was transferred to Samantha who knows more about rules and she asked me what exactly I was reading.  Had to call her back to pull up the page online, Rule 56(c)1.  Samantha was reading the same rule to me, identical words, but in her version I had only 15 days instead of 30 as WestLaw had online.

Samantha told me that they were going by THEIR book and that I could find it at the law library.

I thought there must be some local rules that I hadn’t found yet and I called the library.  After several calls of the librarian to the court and researching and calling me back, it became obvious that the librarian was looking at the 2007 rules with 30 days (same as what I got online) and the justice court used the 2006 rules. 

Samantha later left a message for me, advising that the judge decided to give me the 30 days I’m entitled to and that the hearing was vacated.

Chances are that my response would still be due today and that my case would have been dismissed on Monday (if not tomorrow) if I hadn’t appealed judge Taylor’s dismissal of my case against First Magnus (now out of business) last year and I PREVAILED on appeal. 

I wasted an entire afternoon, but at least I didn’t have to waste more time on filing something today, making my 150 mile round trip to the court today and on Monday and then having to file the appeal, pay the fees, etc.

The million dollar questions:

Are the new rules not provided to the courts? 

How many people got screwed in 2007 because they didn’t get enough time to respond to motions for summary judgment?  My case # is 2339, filed 7/9/07.  Chances are, motions of summary judgment were filed.  NOBODY pointed out to the court that they have to get the new rules?

After Samantha had insisted that my response was due today, I called United Online attorney Keith Knochel to request an extension.

He wasn’t available and I left a message for him.  When he hadn’t called back after a couple hours and despite the librarian’s effort it looked like the deadline was today, I called his office again.  I was put on hold and then told “he said no.” I asked whether they wanted to attend the Monday hearing and she enthusiastically announced that they’d be there.

I was set up to be railroaded in Kangaroo Court again.

Of course attorney Knochel must know that I really had 30 days to respond and it’s very rare that an opposing attorney will refuse an extension.  But just like the First Magnus attorney, he’s a scum sucking bottom feeding lying and extraordinary incompetent lawyer and just wants to rack up legal fees.  And while he can refuse to talk to me, that doesn’t keep me from talking about him. 

His filings are mind blowing, more on that in a bit.

I notified Fair Isaac of my intent to publish and requested notice of any inaccuracies

At first I couldn’t post and as I checked other threads, I realized how much misinformation there really is.  Fair Isaac is trying HARD to get their readers to pay collections.

Finally I was able to post, apparently somebody had been messing with the permissions:

It’s not a bad dream, FICO scoring is a nightmare and I’d LOVE to wake up!

However, not only am I awake, but I’ve been analyzing FICO scores since they became mandatory for mortgages in the mid 90s.

The documentation is posted at http://creditlegislation.org/activists/forum11/19.html

There’s the screenshot of the report and I even added the detailed explanation.  The DOCUMENTATION proves that there’s a serious PROBLEM with late payments MADE UP by Fair Isaac’s scoring software, late payments that are NOT reported by the CRA.

Apparently the posters here think it’s FUNNY that millions of people were forced into subprime mortgages and are now losing their homes, families and some even their lives—because of FICO scoring “bugs.”

Barry, if there’s ANYTHING at all that’s not accurate in my posting here or at my site, PLEASE let my know exactly what that is.

Since the fictitious late payment “bug” has NOT been fixed as I continue to see myFICO reports with those fictitious late payments, I can only assume that it is actually a bug by design, not just incompetence.

I’m going to send out a press release about the fictitious late payments and I’ll forward it to members of the House Financial Services Committee.  Also, I’m writing a book about credit, scoring, banking, the real reasons for the subprime crisis, etc.

So please advise if there are ANY inaccuracies whatsoever.

Thank you!

Christine

One of the posters in that thread wondered why my forums are closed and I’m the only person posting.  There’s no better explanation than the posts at the myFICO forum: the complete absence of intelligence.

Not one person at the myFICO forum can read a myFICO report and see that they made up the late payments.

Scary, very scary.  I think my clients all got it and they’re “average” people, not trained to look at credit reports.

Wednesday, November 28, 2007

Sheepsrage

Sheepsrage

All sheep are equal but
some are more equal than
others
So some sheep are now in rage ...

Reader mail: Equifax late results and Experian deletion of POSITIVE account and the police state

Hello Christine,

It was a relief to search and stumble upon your study on http://www.fight-back.us/9--17-04.  I realized that the study is a few years old, but everything documented in the study, still stands true in 11/2007.

Equifax used the 45 day timeline to complete a dispute, on a report I purchased through their website.Equifax claim that they had 45 days since it was received online; however, the law states that 45 days is allowed only if it is ordered through annualcredit.com, and they can extend the dispute 15 days if you submit additional documentation while initiating the dispute.

Experian, DELETED a positive closed account, when I submitted proof that the account had never been delinquent or late. When I call to questioned two days ago, I was told the subscriber requested the delete. When I called back a hour later, I was told they were not able to reach the subscriber/creditor within 30 days and that’s why it was deleted. When I spoke to another “supposedly supervisor” she said it was deleted because it was a “blocked” account. Thus, the account had been blocked for years from my view and creditors view, but had been derogatory while affecting my score without my knowledge.( Yes Experian blocks account, so know one never really knows what’s in their files) and I was informed of this so-called blocked derogatory account by the agent when I initiated a dispute on 10/22/07. So if it was blocked about 3-4 years and affecting my score, why is it deleted now, after submitting proof on the account, which would raise my score???? My battle has just begun and I will continue to fight back and perhaps be in the position to help others fight back as well.

Thank you so much for your study,

The link to Fight Back doesn’t work, but I’m sure the reader is talking about my submission to the FRB at http://fight-back.us/forum/index.php?showforum=24.  It’s nice to see that somebody appreciates it, the regulators sure have been doing a fine job of ignoring me.

I’ve always recommended that if consumers didn’t want to pay for the CreditFactors subscription, they should at least read all my submissions to the regulators and my open letter to the House Financial Services Committee - available entirely free of charge to anyone with an interest in credit and FICO credit scoring.

I’m absolutely amazed that NOBODY is outraged that Fair Isaac is adding entirely fictitious late payments to the scored credit reports.

The comments at the myFICO forum in response to my posting there yesterday are so bizarre, are they all retarded?

Maybe they don’t know that “fictitious” means “made up”?

I realize that many people are busy working and watching TV and drinking beer—is EVERYBODY with half a brain too busy to care?

Not one presidential candidate or any elected official is taking an interest in credit and scoring.

With regards to the reader’s problems:

Equifax: They may have violated the FCRA for taking too long with the investigation, but unless you lost your dream house over the delay or somebody died, nobody is going to care.  No damages, dismissed.

Experian: In my 6/13/06 deposition of Experian’s Kimberly Hughes she states that Experian would NOT delete an account if the consumer disputed a late payment and the creditor doesn’t respond.  Ms. Hughes claimed that Experian would delete the late payment and continue to report the account.

I’ve already documented that Ms. Hughes committed perjury about inquiries and it’s part of my opening brief to the 9th circuit court of appeals.

The reader got a different explanation every time he called.

Rule #1:  Never take care of important business on the telephone unless you can legally record the call and you are willing to take the time to transcribe it. 

But even more important, that account most likely should NOT have been disputed at all. 

I currently have 14 entries in the knowledgebase category “What NOT to do” and entry #1 is:

Do NOT dispute OLD lates on closed accounts or old charge-offs if you have limited account history

That’s THE most devastating and frequent mistake I see.

Often these old accounts are deleted and FICO scores DROP, sometimes over 30 points.  Closed accounts are almost impossible to get reported again. 

There is absolutely NO incentive for a creditor to pay the CRAs to report an old closed account.  They just the same hit the delete button when you dispute.

And while an old charge-off will never turn into a good account and will be deleted after 7 years, an account with an old late payment will turn into a POSITIVE account and then be reported for 10 years from the date closed.

I’ve also posted not to dispute old lates countless times here and at Fight Back.  So if you actually want to fight back, don’t waste your time reinventing the wheel.

Unfortunately, there is no way to get legislators to actually look at the issues. I’ve tried to get their attention, but it’s not happening.  Several readers also contacted their reps, you’re lucky to get an auto response.

Until recently, I would have suggested to do whatever it takes to get your elected officials in Washington to address the issues.  But now that you can’t even yell a question at them anymore without getting arrested and/or tasered and having Fox news people calling for beating “disruptive” people into a bloody pulp, forget that.

Not even Ron Paul or Dennis Kucinich have the guts to stand up to the banks and CRAs.

So, my best advice at this time is to not waste your time on “fighting back.” You’ll be considered a terrorist and you might never get out of jail again. 

While I’m a big fan of Alex Jones’ documentaries, all his gun talk is just absurd.  The military has fighter planes, attack helicopters, drones, spy satellites and the capability to monitor all communications. And don’t forget the missiles.

How do people expect to protect the constitution with their guns?

We’re past the point of no return.  Live with it and make the best of life in a police state.  And be ready for rough times.

As far as credit goes, make the best of what you got if you NEED credit and if you are willing to invest the time to read and learn about scores, subscribe to CreditFactors. 

But you’re far better off boycotting the system. Not paying your credit cards and not taking out new credit is the ONLY way to fight back and make a difference.

Not only will you hurt the bankers, but you’ll HELP YOURSELF! 

I dedicated my life to make a difference for all.  I’ve done everything I could possibly do and I accomplished nothing but to document how corrupt the American legal system and the American people are.  Yeah, there are a few exceptions and I even got a few donations, but the bottom line is that the overwhelming majority of Americans only care for themselves, here and now, with no regard for anyone else and not even for their own future. 

The only way to get Americans to fight back it to have them financially benefit from their fight.

In that spriit, if you have nothing the creditors could take (state law), why pay them?  Check out your options.  I still haven’t had time to transcribe my call to WaMu about the 26% interest rate, I will try to get my open letter to WaMu out by this weekend. 

Hope

I just recently discovered Damanhur and those incredible temples.  A badly needed encouragement, there are still people who actually accomplish something and live the way I’d like to live.  Truly inspiring.

I’d hate to have to fly, don’t even know whether I can fly, but it might be worth a try.  Never thought about living in Italy, was looking at South and Central America.

Tuesday, November 27, 2007

FICO08 and the idiots at the myFICO disinformation forum

I make a point of NOT frequenting the public credit forums because it’s too aggravating to read the crap posted by the many clueless idiots and “consumers” who are actually employed by the industry to spread misinformation.  And I’m a very busy person.  Every now and then a reader or client gets me to post somewhere, but this morning I got an email from Fair Isaac, alerting me to the HOT topic:

FICO08
I’m glad they are leveling the playing field. Piggybacking defeats the entire concept of risk scoring. This ain’t the mafia, and people should have never been able to “vouch” for other people. More >> ...

I couldn’t resist and decided to spread a little truth at the myFICO disinformation forum:

There is absolutely NOTHING fair about FICO scores.

1) Regardless of the previous credit history, ANYONE can have scores in the high 600s as long as they have no new late payments and plenty of cash to settle debts and for expert advice.

2) Instead of AU accounts, people can purchase JOINT accounts.

Of course it’s a lot riskier and it’ll take a lot more cash to PURCHASE a joint account ($10,000 for a 10+ year old tradeline).  Since the joint account holder can use the account and a late payment by the account owner will be reported on the joint account holder’s credit, both parties are taking risks.  But, with a properly written agreement, it’s definitely doable for the wealthy.  Both account holders can monitor the account online and either one can have the account closed and quickly pay off the account before any late payments are reported.

So, it’s just a matter of more overhead, higher expenses and not just anyone can purchase good credit for a few hundred dollars.  It takes big bucks.

And that’s of course the INTENTION of credit scoring:  redistributing assets from the working people to the wealthy.

I documented that Fair Isaac adds entirely fictitious late payments to artificially lower the FICO scores and many other FCRA violations at CreditLegislation.org

When I contacted Fair Isaac’s Barry Paperno, he lied about those late payments and stated that they are not included in the score. Then I proved to him that FICO scores DO rate those fictitious lates.  He demanded that we dispute with the CRA, which of course can not possibly delete late payments it is not reporting.  Finally Barry deleted the lates for my client.

Then I told my clients and subscribers to email Barry directly, but he refused to assist them.

And that’s just ONE example of how Fair Isaac ARTIFICIALLY lowers scores and FORCES many millions into default and bankruptcy.

FICO scores do NOT predict defaults, they CAUSE defaults.

Just the facts ...

Christine

4 minutes later, “dizzier”, Regular Contributor, Posts: 148. Registered: 10-23-2007, replied:

LOL well i’ve just had my dose of conspiracy theory for the day! 

FICOs (as of 11-17-07): TU 743 EX 751 EQ 708
FAKOs (as of 11-17-07): TU 765 EX 745 EQ 738
TU PFICO (as of 11-01-07): 702

I have no idea whether dizzier is just plain dumb as a rock or employed by the industry, but s/he is obviously heavily into promoting all kinds of scores and into discrediting my DOCUMENTED allegations.  Nobody could review the documentation in just 4 minutes.

And to avoid getting a bunch of emails about the joint account, I just picked the $10K figure to illustrate that it will cost a lot more than buying an AU account and that for people with CASH, it is certainly possible to purchase an established joint account and to manipulate scores. 

While I have a couple old charge accounts with low limits, I would only consider selling one of the accounts (since there’s the risk of having to close it) and to someone who is going to save at least as much as they pay for the account.  For a million dollar mortgage, $10k is only one point and MANY people with crappy large ARMs would recoup their investment immediately.

My first recommendation is to offer some hard cash to a friend or relative who you can trust to make the payments on time. 

I’m not aware of a “market” for joint accounts yet.  The liability for brokering these accounts is huge, as the seller risks losing the account when it has to be closed and someone has to check the account every month to ensure that there will be no late payments.

The more important issues are the artificial lates and the many other bugs (or enhancements?) in the FICO scoring software and the incomplete reports Fair Isaac sells.

I just don’t understand why they’re not being sued for leaving off creditor addresses and not even providing the collectors’ names on the Equifax reports.

I see numerous PERFECT class actions with HUGE refunds to all myFICO customers and big awards to the many people who had these artificial late payments added.

Are all lawyers bought and paid for?

I realize that it will take big bucks to fight Fair Isaac in court, but not only it there the huge financial award (many millions in legal fees), but doesn’t exposing this corrupt system count for something?

Not all lawyers are corrupt, but apparently the attorneys with the resources to file class actions are not willing to stand up for the people and to expose the FICO scoring fraud.