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DONATION

Friday, July 04, 2008

Donation update - THANK YOU!

It’s Independence Day.

What does that mean?  A party, fireworks, beer, ... 

Anything else?

What about being controlled by the government, credit bureaus and collectors?  What about the loss of individual rights?  What about the lack of justice in American courts?

As more and more people are struggling to get by, to pay for fuel to get to work, to make the next rent or mortgage payment, it’s obviously difficult for many people to make donations for any cause and there sure are plenty of causes.  But many people also saved a lot of money due to the information on my sites and much of my litigation and activism is geared towards preserving and enhancing consumer rights.

During the last 2 months, 9 supporters contributed a total of $375, thank you very much! 

Jun 28 6:44am $25
Jun 11 7:26am $50
May 31 12:25pm $70
May 25 10:13pm $25
May 12 11:13am $10
May 8 11:06am $50
May 8 11:00am $20
May 8 7:50am $25
May 8 3:58am $100

Here are the comments submitted with the donations:

Christine, thank you for fighting, it is important work that you are doing. Send an email to everybody asking them to ‘chip in’, I think you’ll get great response.

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Hi Christine, I hope this helps. I do believe the the root of credit reporting problems are caused by the laws, FCRA, etc, that allow Fair Issac and the credit bureaus to operate as they do. Without a change in the law(s) problems will only continue to arise.

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Kudos and thanks for undertaking this tough battle on behalf of consumers!

The most recent supporter emailed that she almost signed up for FDRS and I’m very glad she found my posts.  Her donation motivated me to get the domain fdrs-debt-elimination-scam.info because Google would only link my sites if the word “scam” was included with the search.  I’m hoping the new URL will be listed in Google searches for “fdrs” once it’s ACTIVE.  I haven’t had time to actually post anything yet, plan to get that done over the weekend.

So please include a comment with your donation to let me know your primary interest and I will definitely give those issues priority.

While I don’t expect to raise $5,000 for depositions, I couldn’t possibly claim that there is no support for consumer litigation if I didn’t ask.

This really isn’t about ME and MY fight.  Trans Union has been filing motions and objections and I did the best I could—FOR YOU!  They just filed another motion to dismiss and of course they know that I’m broke, not only because they have my credit report, but also because they read here and they can see that out of the over 200 million people with credit reports, very few care enough to do something about the horrible credit reporting practices.

I just the same work on my house and in my yard, litigation is NOT my idea of fun.  YOU decide what I’ll be doing.

Saturday, June 07, 2008

Updates and reader mail: Another FDRS victim forced into bankruptcy

was reading your blog about fdrs, I fell for these scum bags and I had to file bankruptsy. I just went to court the 27th of may.

I let these leached take money out of my bank for about 6 of 7 months over four hundred dollars twice and then a little over two hundred dollars the rest of the time until I couldn’t take the phone calls anymore feom my creditors and I had to dig up the money to pay a lawyer to file bankruptsy.

These people did nothing. they said they sent out a letter but they couldn’t have and they refused to return my money. they are the lowest of low. I should have known better. I had good credit until I trusted these people now I am ruined. I wish I could get my money back I live on social security disability and they prey on the weak.

Thanks for reading my mail

Thing is, reading the mail doesn’t change anything.  As I wrote in my last post, FDRS needs to be sued out of business.  Since they’re paying their telemarketers $250,000/year, is seems that they have the money for refunds.

Notably, the “victims” have the money to throw thousands of dollars at FDRS, then pay a bk lawyer, but I have yet to receive a single donation re. FDRS.

I’ve been VERY busy, didn’t have time to post anything all week.

So many projects, finally have the water preheating system on the roof going and it’s too cool to have the sun doing the heating.  Yesterday I got my first concrete experience helping a neighbor after the form for the basement wall broke.  You can read every book on concrete, but nothing comes close to being there.

My nephew took off today to go mountain biking for a week and I’m trying to clean up my office and catch up on paperwork.  We also hung some more cabinets, it’s time for major reorganization.

Had some good news regarding my litigation.

First I received an order from the appeals court denying the Focus motion to dismiss, which I had not even received.  Then I got the order for my case against the CRAs and NCO, allowing me to amend my complaint to include my claim of tortuous interference with my business against TU.  That’s the best news I’ve gotten in a long time, I’m so tired of the CRAs ignoring factual disputes.  I also got some discovery responses to scan and post.  I’ll post details in separate posts over the weekend. 

Wednesday, May 07, 2008

Chip in or let the credit bureaus and collectors win!

I’m sure you noticed the new LARGE Chip In donation graphic in the right column.

Today I added up my recurring expenses for the websites, DSL, legal research and related expenses and I’m looking at $500/month right there.

That’s before filing fees, 500 mile round trips to Phoenix and motel for court hearings, postage, paper, ink, hardware, software and all that STUFF I constantly have to order.

The other day I changed my billing info at Endicia and noticed that I’ve spent over $1,500 on postage—99% is for courtesy filings to the judge and lawsuit related mailings.

The Experian depositions in 2006 cost me over $3,500.

Then Experian filed my unredacted credit reports for download by the public and after judge Broomfield denied my 3rd motion to get those reports removed, I had no choice but to offer dismissal with prejudice in exchange for sealing my credit reports. 

The 9th circuit court of appeals filings.

I think it was in 2001 when I discovered that Capital One’s failure to report the credit limits could devastate FICO scores.

I filed complaints with the FTC and the Federal Reserve Bank of Richmond and they ignored complaints.  In 2003, I finally sued them all, including James McAffee, the FRB Richmond VP and senior legal counsel.  Of course they were dismissed, I didn’t have the SLIGHTEST clue.  Back then, the court filings weren’t on PACER and I had no legal resources at all.

In 2004, I sued Equifax and Cap One again.

Judge Wake, a mean SOB who had just been appointed by President Bush, admitted that the missing credit limits lowered my FICO scores.  He dismissed ALL my claims anyway, stating that the FCRA didn’t specifically require that the credit limits be reported.  That moron doesn’t know the meaning of “complete and accurate.”

The 9th circuit court of appeals filings.

I just noticed that I hadn’t uploaded my reply brief yet and my closing paragraph sums it up perfectly:

…
Seeking justice in the courts has been the most frustrating and stressful experience one can imagine.  Regardless of this Court’s rulings, Baker lost years of her life.  It is time to proceed to the final stage, documenting the legislators’ actions and writing the book to tie it all together:  the corruption of the corporations, their executives, their lawyers, their employees, the legal system, the judges, the legislators and the presidential candidates.

Respectfully submitted this 21st day of June, 2007.

I wonder if the appeals court is REQUIRED to rule within a certain time period.  I keep checking PACER to see if the ruling got misdelivered, but just checked again and still nothing.  I raised a number of issues regarding evidence (admissibility of credit report) and of course the many lawyer lies, but it’s not THAT complicated!

And if nothing else, I thought for sure I’d prevail on the issue of the credit limit.  After all, Capital One has been reporting the credit limits since last summer, after FINALLY class actions were filed against the CRAs.  In those cases, the consumers didn’t even dispute, the claim was based on the maximum accuracy requirement.

In my case, I had actually sent copies of my account statements to the CRAs with my disputes and I had disputed numerous times.  I don’t just lose in court because I’m not a lawyer, I get railroaded by crooks in robes.

But it still was MY research, my calls to Barry Paperno at Fair Isaac and my litigation that ultimately got the lawyers to file the class actions. 

FYI, no consumer lawyer has ever given me as much as one penny.

I’ve long lost count of how many lawyers I’ve talked with on the phone about Capital One and FICO scores.  I even get Christmas cards from law firms. 

I’m on mailing lists from lawyers who give credit advice as part of their marketing.  One time I responded that I’d be happy to review their mailings for a few dollars.  I didn’t get a reply and the next mailing was just as horrible.

There are SO MANY systemic problems, from incomplete reports (addressed in my active suit against TU), student loan reporting, TU’s missing date closed, FICO scores ignoring the collection dispute notices entirely and creating fictious late payments, etc. etc.

As regular readers know, I’ve been advocating credit card defaults by judgment-proof consumers with large unsecured debts.

I’ve learned a lot about banking and how money is created and I hope you will watch The Money Masters and read Web of Debt at the new RESISTANCE forum.

I’ll be 50 this summer.  I was going to write a book last winter and didn’t even get started.  My house is still unfinished.  I’ve stopped paying several of my credit cards and posted my open letters to the banks at http://mylitigation.net/.

I’m so busy with the ongoing litigation against the CRAs and NCO and TU is bombarding me with filing after filing.

I just posted my motion regarding TU’s objection to my amended complaint with claims of tortuous interference with contractual relations and unjust enrichment. 

Since TU blatantly refused to correct my client’s reporting last fall, I’ve had no choice but to tell potential clients that it is likely that the CRAs will NOT correct even after multiple disputes.  I’m not very enthusiastic about my credit work.  Last year, I constantly had to tell people that I was too busy.  This year, I’ve had exactly ONE client order the credit analysis.  Of course I have plenty of things to do and I’m not sitting around bored, but Joshua trees don’t grow money.

It’s up to you to decide where this should go.  I’m out of money.

While the CRAs never corrected everything, they all became a lot more difficult over the last year and it seems that they do know how to really bring the FICO scores down with just one incorrect piece of data.

I also noticed that they have become more confident than ever in court, TU submitted the dismissal of a suit by a Phoenix lawyer with its motion for judgment. 

I just recently told NCO what I thought about settling.

Maybe I should have tried to settle. 

While on that subject, my only CRA settlement offer was $250 back in 2001 when I first sued TU in small claims and Experian might have offered a few bucks too, but I declined.  I settled with the AZ affiliate after they no longer were involved in credit reporting, but the big 3 never made an offer since I filed in federal court in 2003.

Capital One spent $100,000 to get their dismissal from the 2004 suit.  They never submitted a settlement offer.  I suppose they know that I’m not in it for the money.  And they probably did NOT expect that I would appeal and continue to file lawsuits.

But now I’m exactly where they want me to be. 

Worn out, tired, broke.

Over 2000 people access this blog every day and you bet the CRA, creditor and collection lawyers are some of my most loyal readers. 

The link to the donation page got me about $330 in over a year. About half of that was from 2 readers who donated repeatedly.

I can’t litigate against the world’s most powerful corporations on $25/month.

If YOU don’t care about these suits, why would I?

It’s up to you to vote with your money,

Christine

Monday, May 21, 2007

More ASC servicing, escrow and repayment plan problems

I have been battling ASC for some time now, and after reading your website, I have realized that I am not alone, in fact I seem to the same problem as patty black minus the foreclosure notices.

I have not pursued anything for I wasn’t aware of what I could do. The only paperwork that I have received from ASC ever since they acquired my loan has been bills and late notices. When they acquired my loan the conveniently forgot to add the escrow, insurance, and taxes into my payments.

When I was finally able top get ASC in touch with my insurance agency they (ASC) billed me the full amount of the insurance $880 along with the new “adjusted” payment. I also missed 1 or 2 payments and tried the repayment plan, but no mention of anything in writing and when I went to pay 1 day late they ignored the fact that I was on this repayment plan saying that it is cancelled after being late.

Now then where is the $500 that I paid being applied to? It was not in the bill as a payment, and I was stupid enough to do this twice! So now they have $1000 of my money that has not been applied anywhere to my account. Do you have any knowledge of a class action suit against them or know anything I could do about this cancer among mortgage companies? Thank you, ...

Your extra payments with the monthly payment are most likely going to your escrow account for FUTURE insurance and tax. 

And you should definitely RECORD all phone calls and FOLLOW UP in writing with a CALL SUMMARY if they refuse to provide a written payment plan.

CONTINUE to make the payments under the plan if you can’t bring the loan current with a lump sum payment.  Make the payments so you have PROOF of payment, either online or mail a check with delivery confirmation.

And request your accounting as per RESPA

You read Patti’s postings, didn’t you see the RESPA topic and the sample accounting requrest?

As I probably posted already 20 times, if people don’t take advantage of every legal right, they are likely to lose their homes or at least have their credit destroyed.  ONLY if YOU prepare your case and YOU ensure that you have slam dunk legal claims do you have a slight chance of finding a competent lawyer to take your case on contingency.

Review your credit reports and dispute all INCORRECT lates related to this mortgage after they received your accounting request.

Payments have to be 30 days late before they can be reported to CRAs, but they COULD begin foreclosure proceedings if you are only 1 day late.  People often think that they have the RIGHT to pay late because lenders can’t even charge a late fee during the grace period, but you are in violation of the contract as soon as a payment isn’t received by the due date.

Often lenders report the mortgages as late WHILE on a repayment plan.

I haven’t seen any litigation over this, but if you MODIFY an agreement and you comply with it, you obviously should NOT be reported as late while you make the payments according to the new agreement.

I also have a client with similar ASC problems, apparently they frequently do not set up escrow accounts after the loans are transferred to them.  We are currently awaiting accounting to see where the $2,500 escrow balance from the PREVIOUS lender went.

Good luck!

Trans Union considers NEW disputes “additional information” and extends investigation by 15 days

I generally recommend submitting ALL disputes in the same letter.  But a client received new information about a collection after he had just mailed his initial disputes and he submitted a 2nd dispute for an account NOT disputed in the first mailing.

Trans Union promptly mailed him a notice stating that they would extend the investigation of the first disputes by 15 days.

Since the 2nd mailing had NOTHING to do with the first disputes, this is of course a violation of the FCRA because the 2nd dispute was not “additional documentation”, it was a new dispute.

It is so frustrating to see on a daily basis how the credit bureaus can maliciously and with impunity report INCORRECT information longer and longer.

Who will stop them?  Who is TRYING to stop them?

Is there ANYONE aside from me?