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Equifax - countless violations

Sunday, March 12, 2006

Phoenix federal court: Calderas v. Equifax re. merged credit files

I just posted the docket and the Equifax answer to the first amended complaint.  It’s very cool how they restate the entire complaint in the answer, makes for good reading.

The docket and the Equifax answer

Kyle Caldera is a teenager, apparently in the military, and when he applied for a loan, the creditor pulled his sister Kylene’s report and she has awful credit. 

As USUALLY, despite NUMEROUS efforts to get Equifax to straighten out their screw-ups, Equifax doesn’t even TRY.  I can testify to that.  After THREE years of litigation, I still have an incomplete and incorrect report.  And so do most of my clients.  Equifax couldn’t care less.

Until the legal system is CHANGED to mandate AUTOMATIC $1,000 fines for every knowingly false statement, the corporate lawyers will continue to waste our time and money as well as the courts’ resources (which WE pay for!) with their blatant lies.

Equifax should have to pay about $40,000 for this answer filled with lies.  How could they NOT know anything about Kyle’s allegations 8 months after the lawsuit was filed?

Lies, lies and more lies.

And I can just see Equifax claiming that Kyle has no damages. 

“He’s in the military, he doesn’t need credit.  And the time he wasted trying to get his credit report fixed has no value.  Heck, it kept him busy, he didn’t have time to become a crack addict and Kyle should be forever grateful to Equifax for keeping him out of trouble!”

Yeah, and most certainly Kyle must pay the Equifax attorneys fees:

“WHEREFORE, having fully answered Plaintiff’s Amended Complaint, Defendant Equifax prays for judgment as follows: (1) Plaintiff’s Amended Complaint be dismissed in its entirety and with prejudice, with costs taxed against Plaintiff; (2) that Equifax be dismissed as a party to this action; (3) that Equifax recover from Plaintiff its expenses of litigation, including attorneys’ fees; and (4) that Equifax recover such other and additional relief as the Court deems proper.”

Damn right!  Equifax is doing what every good corporate citizen must do:  keep us busy and out of trouble!

The judge ought to order Kyle to pay an additional $20K to Equifax.  The US gave Kyle this wonderful opportunity to die for America in Iraq and what does the ungrateful SOB do?  He SUES a fine American company like Equifax!

I don’t know what’s in the water or how people became so complacent that they just put up with this crap. 

I just don’t understand why people don’t get angry.

Friday, February 24, 2006

Reader mail: split file and low scores—Equifax not qualified to handle credit data

Please help me with what to do with my situation?? Firstly i pulled my credit reports from all three major credit reporting agencies, transunion, experian, equifax, I sent in dispute forms to clean things up before i tried to obtain a good mortgage. I received all three reports back updated about a month after sending them in.

I then called a mortgage lender and they pulled a trimerger credit report on me, and got a score of 564 from equifax. the other two scores were ok. The next day a different lender pulled my credit reports separately and got a score of 564 and 640 from equifax , they notified me and i then contacted equifax about this and was told my file was to big and there can only be 32 lines so THEY split it up and created two files which creates two scores, Bullshit i thought ,I called back to speak with a supervisor a day later and was told to fax a request in to have both files combined, so i did .

I finally added two and two ,backing up when i received my updated credit report from equifax originally it was all corrected like i requested in the dispute letters and a couple things deleted to my delight, how ever acouple days later i received another report from equifax a little smaller than the corrected report i received two days prior , and i never thought much of it because there was a lot of things not corrected on it, and appeared to be a duplicate of my old report before it was corrected, how wrong i was.  two different confirmation numbers however with speaking to banks about this and lenders ,friends, family EVERYONE said they have never heard of such a thing??

I have sent letters requesting this be corrected and faxed it to them also, as well as calling daily with the same response always from them, a run around they need this or need that, !!! Someone is playing GOD as i told many supervisors at equifax because they don’t send the higher score when a trimerger credit is pulled, only the lower one, both scores get sent supposedly when only my equifax is pulled??

PLEASE HELP ME OR LEAD ME IN THE RIGHT DIRECTION OF GETTING TAKEN CARE OF.. ?? It truly has hurt my chances of getting the best interest rate ,down payment or mortgage in general. I have already filed a complaint with the FTC which has done no good?? 

ANY advise would be greatly appreciated,

....

Don’t I wish I had some useful recommendations.  The FTC couldn’t care less.  Lawyers don’t want you until AFTER you had huge damages.

I haven’t actually heard of lenders getting TWO scores for split files, but Equifax files often ARE split.  Why that is—I have NO clue. 

I’m currently working with a client with ** 51 ** accounts on the Equifax report

That file was never split.  It seems that Equifax simply doesn’t have the resources to properly maintain consumer credit records and therefore should be barred from being in the credit reporting business. 

Reality check:  The legislators and regulators couldn’t possibly care less.

This is one of those times when I have absolutely NO advice.  What else can you do aside from asking Equifax to fix it?

Of course *I* would publicize this BS and sue, but that’s not for everybody and doesn’t guarantee results, although it’s likely that they’d merge the files.

Thursday, February 23, 2006

Equifax attorney Lewis Perling wants my settlement demand

At 08:41 PM 2/20/2006, you wrote:

Please advise as to your settlement demand in advance of the mediation on Monday.  Thank you.

Lewis P. Perling, Esq.

And here is my response:

Mr. Perling,

Equifax didn’t submit a single document with its initial disclosures.  I’m not sure whether I’ll receive the Equifax discovery responses by Friday, which might well be more of nothing, maybe Mr. Coffey could bring a copy in case the mailing doesn’t get here by Friday.

I reviewed my Equifax report, didn’t see the Cap One limit, didn’t see the Target limit, didn’t see Nelnet ....

I also have company this week and I am therefore quite busy.  We’ve been looking at lots.  Those lots had $2.5 to 5K asking prices two or three years ago.  Now they’re asking $20 - 25K and selling for about $15 - 20K.  Do the math, it looks like my damages are greater than expected.

I’ve decided not to leave the country and to stay around for the appeal which seems to be unavoidable since compliance and the reporting of the limits doesn’t seem to be possible.  I’ll do whatever it takes to publicize the CRAs deplorable conduct.

Anyway, prior to reviewing the Equifax discovery responses I obviously can’t determine what I’ll settle for, you had the choice to provide documents with your initial disclosures and opted not to.

A couple things:

1) My client who got so terribly screwed by Equifax still has a crummy Equifax FICO score despite our 2nd disputes.  Please advise what you need from her to provide me with all docs relating to her disputes - I’d like to establish a pattern. 

2) Could you be so kind and advise as to your settlement offer in advance of the mediation on Monday?

Thank you,

Christine

Thursday, February 16, 2006

The new case management plan and discovery & disclosure issues

On Monday I filed the new case management plan for the 2003 suit with the whining attorneys complaining about my LACK of disclosures.  I attached the Equifax initial disclosure and my Verizon discovery responses. 

I modeled my initial disclosures after Equifax and Capital One in the 2003 suit. They failed to provide a single document and merely disclosed that they had documentation at their offices.

I didn’t appreciate that at all, so I decided to do the exact same in this case.

Promptly the attorneys were upset, but couldn’t tell me why it’s ok for Equifax not to disclose documents but not for me.

Notably, Rodrick Coffey with Stinson Morrison and Hecker is the attorney for the complaining Verizon AND he also submitted the Equifax disclosures. 

If the judge decides that I need to be more specific, obviously Equifax and Capital One also need to be more specific. I hope.

Wednesday, February 01, 2006

My notice of publication to Equifax media contact and VP David Rubinger

It’s about time I get to the CRAs in my press releases:

Dear Mr. Rubinger,

I thought I’d let you know about my clients’ problems with Equifax, described at Equifax - if it CAN be screwed up, it WILL be screwed up! and my press releases at http://mylitigation.net/ Most of my nationally distributed releases are accessed 90 - 130K times and I’d like to give Equifax the opportunity to submit a paragraph or two on its behalf.

At Phoenix Federal Court Rules for Target—Credit Limits Need Not Be Reported you’ll find a description of my litigation and one of my major issues with Equifax, the refusal to report credit limits for Capital One and Target accounts.

As Equifax is a publicly traded company, I believe the only way to improve the horrible quality of the Equifax credit reports is to publicize the illegal Equifax activities and have many thousands of lawsuits filed against Equifax.  Once the legal fees make an impact on the Equifax earnings, the shareholders will demand FCRA compliance and some of the shareholders might even realize how Equifax destroys their families’ and friends’ lives too and sell their shares.

A fairly complete listing of my own claims against Equifax is in my responses to the Equifax interrogatories posted at CreditCourt and I will explain and publicize the various issues in a series of press releases on credit reporting.

So that’s my plan and I’ll definitely do whatever I can to publicize my litigation and my clients’ experiences.

I’m looking forward to include the Equifax comments in my press releases,

Christine Baker

c: posted at CreditSuit.org

I doubt they’ll have anything to say, what could they say?

“Equifax doesn’t care about the law, we’re a FOR PROFIT corporation and $$$ are all we care about.”