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2006 Collection Suit (in discovery)

Tuesday, December 12, 2006

The court sent the summons and more on the “clerical error” re. assignment of judge

I got a mailing from the court yesterday with the summons for all the defendants.  That’s really nice, you USED to have to provide your own summons.

They also included a printout of that strange docket entry regarding the assignment of judge Mathis being changed to judge Wake.

And I received my prepaid priority mail envelope yesterday with the filed copy of my complaint.  It’s odd that they filed it on the 6th, but then apparently held my copy for at least a day and you can see that they whited out the initials for judge Mathis and changed it to NVW.

Don’t know what to think of this, haven’t filed enough suits to know whether I’m getting special attention or how these “errors” happen.

Thursday, December 07, 2006

My new federal complaint against Trans Union, Equifax, DirecTV, Focus, James Hurd, Dana Capital, NCO

My federal complaint against Trans Union, Equifax, DirecTV, Focus, James Hurd, Dana Capital and NCO.

In case you’re wondering how I could file another lawsuit with so much going on already, the SOL for the Dana Capital Group credit inquiry was about to expire and I had no choice.

I’ve been contemplating what to post here as the highlight, but it’s all so damn aggravating—you’ll just have to read the complaint.

Something really different is that I’m suing Equifax again, this time for a fraudulent fraud alert:

50) According to credit bureau Experian, Equifax notified it of a fraud alert on 10/26/05.

51) Upon information and belief, the fraud alert caused Plaintiff’s Experian myFICO credit report to be blocked.

52) Plaintiff had not requested that a fraud alert be added to her credit.

53) Fraud Alerts are extremely damaging as they portray consumers as high risk borrowers, resulting in declines and blocked credit reports when consumers want to obtain their own credit reports.

54) Equifax counsel Lewis Perling, Kilpatrick Stockton LLP, denied that Equifax notified Experian of this fraud alert, but Plaintiff did not receive a response from Mr. Perling when she requested an affidavit.

55) On 8/30/06, Experian’s Kimberly Hughes stated in her affidavit that Equifax notified it of the fraud alert, leading Plaintiff to conclude that Mr. Perling lied to her and that Equifax added the fraud alert to retaliate against her because she had sued Equifax.

I am so sick of those scum sucking lying lawyers and credit bureau perjurers. 

Obviously, one of them MUST be lying.

And I can’t wait to find out who it is.

An interesting docket entry:

Minute Order Due to a clerical error, this case is now assigned to United States District Judge Neil V Wake. Judge Virginia A Mathis no longer assigned to case. Future filings should reflect the following case number CV06-2927-PCT-NVW. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESL, ) (Entered: 12/07/2006)

A “clerical error?” Judge Wake will soon rule on the $50,000 Capital One attorneys fees and now that I know how he operates, I’ll do much better. 

And he knows how I operate and that I will not be intimidated, not by his rulings and not by attorneys fees awards.  As a 48-year old woman I certainly know when you ought to give up because you don’t have a chance of prevailing.  I know that it hurts less when you spread your legs.  And I hate to have to tell people to pay bills twice, to pay bills they don’t owe, to let the corporations have their way with them, that they ought to read what happened to me in the courts and then decide whether they want to take their chances.

I just can’t take my own advice.  I’ve come so far, I’ve been through so much, I’m going to finish this MY way.

After careful consideration of my options, I’m fully prepared to let them force me into bankruptcy.

“Freedom’s having nothing left to lose.”

-- Janis Joplin

Yesterday I had a quick look at the bk rules for AZ, I can have a gun and 6 months of food and fuel.  More important, the exception for your home is 100,000.  Since that’s way more than the equity in my place, I won’t end up homeless.  My truck is 11 years old and has some strange electrical problems.  My camper is 16 years old and the heater and fridge don’t work.  My black lab / pit bull mix is worth nothing to the bk court.

There is of course my flawless credit rating to be destroyed once again.

But even that wouldn’t be all bad.  I could look into living outside the banking system, review the prepaid credit cards and generally encourage consumers to discharge their debts and give them first hand advice and encouragement.  Way too many people are struggling to pay their bills when they really should just file for bankruptcy.

In 2003 I set out to show readers how to go to court to find justice.  Almost 4 years later, I’ve documented how I went to court and got screwed.  And now daring to care about others is “BAD FAITH”—according to Capital One and maybe Judge Wake. 

While I’m certain that I’ll ultimately prevail on appeal, the record shows that the justice system is NOT working for the PEOPLE, but for the CORPORATIONS.

It’s enough to make you think and if I’m not the only person considering the implication of these events, then it was all worth every sleepless night and the stress, working 14 hrs/day 360 days/year and having NOTHING to show for.  Well, not really “nothing” to show for, Target IS reporting the credit LIMITS now, but it’s not anything the bk court can take away.  I sure learned a lot and nobody can take my knowledge away from me.

It is ironic that if I HAD accumulated expensive “stuff”, investments and cash in the bank, I might have been tempted to dismiss my appeal regarding the Capital One credit limits in exchange for Capital One dropping the attorneys’ fees demand.

But, since I have nothing to lose but my integrity, I’ll just keep on going and I’ll do the best I can to put the corporations in their place and to publicize the corruption with my very limited resources. 

I’ve been wanting to put up a donation link too, it sure would help to be able to have more time and $$$ to do legal research instead of finishing my new house myself.  Wiring, hanging drywall, taping, tiling, etc—it’s very cool to know that I CAN do everything myself.  The only problem is that I can’t do that and work on the legal stuff at the same time and I could get someone else to work on the house for $10-15/hr.

Almost forgot, the new Legislator survey forum (regarding the meaning of “complete” in the FCRA) is slowly getting there.  Am still working on the colors and some more admin setup, but it should be ready by Monday.

So many projects, so little time.

Friday, July 07, 2006

Update:  Focus Receivables Management deadline 7/21/06

As long as I’ve been doing this, I should be used to the disrespect by creditors and collectors.  Of course it’s very different when you call on behalf of a client and while they can still piss me off, it’s not MY life on the line.

After an almost 10 minute call with Focus Receivables Management Manager of Operational Support Steven R. Koepke I had to call AmEx regarding a client’s judgment and I still had tears running down my face.

It’s been almost 3 years since Dorothea died, but I don’t think I’ll ever forget how she told me about the horrible pain in her arms during the few times she felt well enough to talk on the phone, yet still so concerned with her credit rating and earning enough money (instead of fighting breast cancer) to pay the ever increasing credit card payments due to the “information contained on her credit report”.  As I now know that was the Verizon collection.

I had disputed with Verizon, the FCC, 3 of their collectors and I had sued Verizon, and they STILL reported the collection on Dorothea’s credit.

Mr. Koepke expressed his condolences and went on to question my claims.

I will never understand how human beings can be so incredible cold with absolutely no regard for anyone’s feelings.  A recent posting comes to mind:

No Mercy

It is so chilling to hear them apologize and know that they don’t mean it.  They’re trained to apologize and it sounds exactly like a sales pitch.  Not only can I tell that they’re not sincere when they apologize, but it’s crystal clear when you get to the substance of the conversation.

Koepke announced that he would forward the results of his investigation to his insurance.  He refused to give me a date or any timeframe during the call which ended with:

Koepke: “I’m not threatening you in any kind of way.  We are doing a job, to collect upon a debt that you owe, or supposedly owe and by all means, you stated that you didn’t and we reported back to our client that you dispute the debt and the you don’t believe you owe it.  That’s all we can do.”

Me: “That’s not all you can do.  You could have said we’re settling this and we’re sending you a check.

Koepke: “Why?”

Me: “Why?”

“Yes, why, mam?”

Me:  “You’ll find out why, you have a good weekend.”

Not a very bright guy. 

There are people whose job it was to open the gas valves Auschwitz or to gas the Kurds in Iraq and Koepke is one of them—just doing his job.  He obviously doesn’t think there’s anything wrong with his collector failing to inform me of my rights, refusing my dispute and extorting this $250 payment.  And yes, it’s no longer an attempt, I sent DirecTV the $250 they wanted yesterday.  If I had paid the entirly fraudulent Verizon collection, Dorothea might still be alive today.

After the call, Koepke emailed:

Per your request, I will need until 7/21/06 to conduct a complete investigation of your claims and forward all the information to my insurance carrier.  A representative from the carrier will then be in contact with you to discuss your demand for restitution.

That sure is the strangest thing I’ve seen yet.  I’ve received insurance checks after settlements with defendants before, but I never talked to their insurance reps. 

And of course the $5K offer is off the table.  My actual damages will be substantially higher and of course I’ll demand punitive damages.  Koepke had read yesterday’s posting, he should have known better than to insult me and essentially call me a liar—KNOWING that I have the recording. 

Notably, he didn’t ask for the recording, I suppose that’s because they also recorded and he already heard it.

I decided to wait with filing suit and instead I started to post the communications at Fight Back Focus Receivables Management FDCPA violations and I set up a new category for them here.

I’ll have plenty of time to write and post the complaint and my research on them so that even if I do settle, other consumers can use my research if they don’t clean up their act.

For more info on DirecTV and their collection practices, search for Allied Interstate here and on the web - there are plenty of horror stories.  The bright side to this nightmare is that I’ll probably get a chance to find out WHY the DirecTV collectors ignore the FDCPA. 

After 3 years of being too busy with litigation and forums to do much paid work, I decided to finally offer comprehensive credit services again.  The Experian depos cost me about $3,000 and I’m ready to spend just as much on Focus Receivables and DirecTV.

I hope tomorrow I’ll work myself up to the update on DirecTV, I posted a couple faxes at Fight Back.

Thursday, July 06, 2006

My settlement offer to Focus Receivables

DirectTV’s Colleen Spidell already called this morning, but she didn’t leave a fax # or e-mail address as I had requested yesterday or any message.

Here’s the website for Focus Receivables Management

I just e-mailed and faxed my offer:

Attn: Management - Legal
Focus Receivables Management

7/6/06

Via fax to 813-630-0992 and e-mail to

Please have a look at my summary of events at [URL to my posting with the summary and partial transcript of call.]

I have lost not only hundreds of thousands of dollars, but also my good friend and relative Dorothea Weidinger due to the illegal ruthless collection and extortion tactics of criminals like you.

I’m offering to settle this matter for $5,000 with NO confidentiality agreement.  $3,000 of the settlement are to be donated to a charitable organization of my choice.

Should I don’t hear from you by the end of the day, I will file suit. 

Sincerely,

Christine Baker

I hope they don’t confuse me with those morons who send out legal threats for deletions.  This is so upsetting, once again I NEED my perfect credit rating because I need to finance building.  I haven’t had time to post about it yet, but I’m doing a practice run for whenever I can finally get out of this hellhole.

I regret having made the $2k offer to DirecTV. 

As regular readers know, that’s the EXACT rerun of the Verizon ordeal.  Apparently Verizon contributed to the death of Dorothea when they reported this entirely fraudulent collection on her credit.  Chase increased her interest rates due to information on her credit, she was desperately trying to keep up with her high credit card payments because she couldn’t work so much anymore as she had breast cancer and no insurance and no paid sick days as a commissioned real estate agent.

A few months later she was dead.

So, I learned a lot from my suit against Verizon, dismissed in federal court because my demand was for LESS than $75,000 and I didn’t have federal claims.  I’m not quite done with Verizon yet, more on that another time.

DirecTV at Hoovers

If I don’t settle with them today, I’ll sue DirectTV for an amount high enough for federal court and I’ll demand $1 for each of their 16.5 million accounts to establish a consumer organization to assist consumers and to sue corporations until they STOP extorting payments of debts NOT owed and until it’s more profitable for them to COMPLY with consumer protection laws than it is to ignore the law.

I still can’t believe that this is happening AGAIN!

When you’re in similar situations, just pay them if your credit is important.  It’s not worth losing your home or dying over.  Just pay, go on with your life and don’t look back. 

I know it sucks to have to pay bills you don’t owe, but unless you have legal experience and you’re willing and able to sue, you really have no rights.  Trying to find a competent consumer attorney is like trying to pick the winning lottery ticket.  The regulators have been bought and paid for by the industry.

Wednesday, July 05, 2006

Focus Receivables James Hurd refused my dispute of DirecTV collection

I’ve been getting these calls from 678-228-3415 and they didn’t leave a message.  I think the first call was on Monday at about 7:30 AM, then again today around 10:30 am.

So this afternoon they called again and I spoke with James Hurd.  I explained to him that DirecTV actually owes ME money as the service was supposed to be free. 

*** He told me that Direct TV “filed a legal claim” against me.

*** He threatened me with credit reporting unless I paid, full well knowing that I was disputing their claims.

*** He did not advise me of any rights.

At the end of my conversation with Jim I asked whether they send out any letters or just make calls and he claimed that they sent me a letter last month.

...

Me: When did that go out?

Jim: Last month.

Me: I didn’t receive that.

Jim: Yeah, I don’t know why, we sent it.  That’s why we’re calling you now, because there was no response from the letters that we sent out.  So we want to record a statement of intention to find out exactly how you want to handle this, so we know how to proceed against you. 

Me: Now, what’s not quite clear to me is that you’re saying ... when are you going to report that on my credit?

Jim: This month.

Me: This month?

Jim: Yes, ma’am.

Me: And you’re going to do that even though I’m telling you now that I don’t owe that money?

Jim: Yes, ma’am.

.... [got his name and company info]

Me: Do you think you could fax me that letter maybe?

Jim: It would be unlawful to send 2 letters in a 30 day time frame. 

Me: Well, like I just told you, I have not received your letter and I would like to get a copy of that letter by fax if possible.

Jim: If I, uhm, if our records were audited, we would get in trouble for that. 

Me: You would get in trouble for sending me a letter that I didn’t receive, after I requested it?

Jim: Yeah, it’s unlawful to send two letters.  We didn’t have a return mail, so the US post deems that delivered.

Me: Well, like, I’m just telling you, do you hear me?

Jim: Yeah.

Me: I did not receive your letter and I’m asking you to fax me a duplicate of that letter.

Jim: Yeah, it’s just policies and procedures ....

I thought I wasn’t hearing right and had him transfer me to his supervisor, Ms. Milton.

She finally agreed to note the account as disputed and according to her, the letter was just sent out last week and it’s just delayed because of the holiday.

I did some searching, think that’s them:

Focus Receivables Mgmt
2700 Cumderland Pkwy S.E
Atlanta GA. 30339

I called Colleen Spidell in the DirecTV legal department.

She had promised me the refund of my payments, but all I got was the $200 + the interest for my deposit.

This has been one hell of a nightmare, all related to the DirecTV breach of the junk fax settlement agreement.  I had purchased a certificate for 6 months free service which they never honored.

I’ve been so busy and spent AT LEAST 30 hours on this since 9/05 when I got the certificate.  Ms. Spidell had some very lame excuse about some error and lots of finger pointing.

The only reason I haven’t sued them is because I believed her (the calls should all be recorded) and I just didn’t have time and I didn’t have any FEDERAL claims.  Now that they are threatening my credit rating, they became a priority and I’m ready to send my federal complaint to the court on Friday.

I left a VM for her, requesting her e-mail or fax # and advised that I’m willing to settle with DirecTV for $2,000 if they settle prior to filing.

I’m going to make an effort to get to the Focus legal department tomorrow, am thinking about a $5,000 offer for them.  But I’d really LOVE to depose James Hurd and Ms. Milton and find out why the hell they don’t train their people to comply with the FDCPA. 

The nerve to not only fail to inform me of my rights, but to refuse my dispute.

The longer I live, the more amazing it gets.

More details about the DirectTV settlement are at the junk fax blog:

DirecTV junk fax settlement scam

Apparently they thrive on bad publicity.  If I have to sue, they’ve got lots more coming.

Damn, I missed a couple 5 PM deadlines.