My response to the Capital One $50,000 attorneys’ fee ploy to get me to dismiss my appeal
I’m wondering whether the Capital One attorneys aren’t on MY side.
I’ve been so incredibly busy with all kinds of other projects, I had totally dropped the ball regarding the credit limits. It really took their idiotic memorandum to force me to evaluate what happened and to realize how important it is to contact the legislators for their intentions regarding the credit LIMIT reporting.
If Capital One attorney Michelle Roddy is not on my side, I’ve concluded that the attorneys’ fees demand was nothing but a ploy to force me to dismiss the appeal. I’ve done some research, but found NOTHING about anyone ever paying attorneys fees after they filed the notice of appeal. It just doesn’t make sense. I did request that Capital One provide a listing of plaintiffs who paid their attorneys fees with their reply—maybe I’m missing something.
Capital One knows that I’m broke and that I’ve been building a house.
AFTER they got my response to their motion for summary judgment, they had submitted the $3K offer of judgment. Of course I didn’t take it.
Capital One was as surprised to have the court grant the motion for summary judgment as I was.
And of course they knew that I’d appeal, as that’s what I’ve been posting here since the Target order. They thought they’d scare the crap out of me, they knew I’d have to file for bankruptcy if I had to pay them $50K.
So they assumed I’d dismiss my appeal in exchange for them dropping the attorneys fees.
Great plan! And it would have worked for just about all consumer litigants. I really should have talked to them about “settling the attorneys fees” so I could prove that they wanted me to dismiss the appeal.
Interestingly, they still haven’t figured out that I really DO care about the issues. I just haven’t done a lot regarding the credit limits because my day has only 24 hours and other projects seemed more important.
Capital One knows that I’ll prevail on appeal, at least regarding most claims. There’s no way that the appeals court will make me pay their attorneys fees.
It was truly inspiring to read Judge Wake’s order again. He totally agreed with me about the damages caused by the refusal to report the credit LIMITS. He just didn’t think that Congress intended for the limits to be reported as part of the “COMPLETE” reporting requirement.
Essentially, Judge Wake is saying that he believes that Congress WANTS the American people to suffer those damages so that Capital One can reap greater profits.
What does THAT mean? It just blows my mind.
And I can’t wait to start contacting legislators. I’ve had several readers express an interest too, but first of all, I had to determine what exactly I want legislators to do and which questions to ask.
Why it is so important to get a ruling in favor of COMPLETE reporting
Maybe I can narrow it down to 2 questions:
1) Does the “complete” reporting requirement in the FCRA include the credit LIMITS?
2) Will you “make” the regulators enforce the ”complete” reporting requirement?
Even if the court had ruled that they have to report the limits, Capital One would only report the limits in response to CRA investigations after consumers disputed—as Target does now.
BTW, that really shows how you can lose in court and STILL win. Of course it would be much better if Target reported the limits voluntarily, but it sure is interesting that Target decided that they don’t want to get sued anymore. The end result is most important.
Consumers can only sue for incomplete and incorrect reporting after disputes with CRAs.
The REGULATORS have to enforce section a) requirements, and of course those corrupt bastards do NOT enforce anything.
So I’ll start with a few calls to legislators, some e-mails, figure out how to get the point across. I’ll let them know that I’ll conclude that they are supporting Capital One and the exploitation of their account holders if they don’t respond, and they’ll be listed as CORRUPT legislators. I can’t wait to see what they’ll have to say.
Documentation - the law - the credit reporting - the score factors—I just posted the FCRA and the Verizon Wireless reporting without the “date opened.” There will be a lot more documentation.
Thanksgiving weekend is traditionally my weekend for web updates and special projects. I’ll be updating the side bars here, I’ll offer FREE CreditFactors access for consumers who made an effort to contact legislators and DOCUMENTED the results.
I can’t wait to find out whether Judge Wake is right—are most legislators so corrupt they’ll go on record supporting Capital One instead of their constituents?
We shall see.
Here’s my response, and since Ms. Roddy brought it up, I elaborated on a lot of issues, GOOD faith, BAD faith, conspiracies, etc.
My response to the Capital One memorandum regarding attorneys fees
And I included some of the questions I’ve had for a long time. Philosophical stuff I bring up here occasionally and think about a lot. Maybe you have some answers:
Are these “human beings” who conspire to inflict damages on many millions of people sadists? Are they “disabled”, born without a conscience and they don’t know right from wrong? Are they possessed by evil demons?
Why are they maliciously engaging in conduct often resulting in consumers’ severe financial problems, divorce, illness and ultimately death?
Are they Christians? Do they believe in anything? Do they worship Satan?
How many DEATHS has Capital One caused?
How can they be stopped?
Can they be stopped?
As Capital One noted, Plaintiff wrote on her blog:
Americans didn’t become independent because they sued the Queen, Hitler wasn’t stopped by a court order and the slaves weren’t freed because they voted for freedom.
This is a factual statement. And to date, suing Capital One did not get any results other than to cost Plaintiff a lot of money and causing her a great deal of distress and illness.
Is violence the only way to stop the exploitation of the disadvantaged in America in the 21st century?
Are the people who tried to assassinate Hitler murderers or are they heroes?
Should Plaintiff try to ignore what she knows and go camping again?
Can she do better than last time, when she was confronted with peoples’ financial and credit problems everywhere she went?
Where can one go to get away from the corporate scum, with credit bureaus and creditors invading hundreds of countries and Wal-Mart and Home Depot opening stores everywhere a buck can be made?
Are most human beings concerned only with their bank account balances and they deserve what they get?
Does the majority’s ignorance and lack of compassion justify the exploitation of the disadvantaged?
Is it worth our time and money to make an effort to stop the American and multi-national corporations?
Is it too late?
Is it ok to do nothing when one could at least TRY to make a difference?
Is resistance futile?
Will James McAfee (VP Federal Reserve Bank of Richmond, Capital One regulator), the lying Capital One attorneys and the Capital One executives go to hell?
Is there a hell? Do they have souls? Is Karma real?
What would Jesus do?
Posted by Christine on 11/20/2006 at 08:56 PM
2004 Suit (credit limits, credit reporting - on appeal) • Capital One - ruthless banksters • (4) Comments • Permalink
Odd how both our cases came doen to the same exact point.
The word “complete”. While my Judge, “Arthur J. Schwab” thought complete meant appropriate, your judge fails to believe that complete means everything. The concept that the wording in the fcra describes “complete and accurate” was intended to not allow creditors to pick and choose what they would report but to make it uniform because you have to report everything.
That is the meaning of “complete”
Complete does not mean incomplete.
Exactly. And as I recall, Judge Schwab dismissed defendants who didn’t even file a motion to dismiss.
Have you seen America: Freedom To Fascism?
If not, even the low quality free version online is fantastic, check it out.
As one critic said, “Capital One should join the circus. It has more tricks up its sleeve than any magician we know of.”
They issued FOUR cards to one guy and now have FOUR lawsuits against him. See it at http://www.CapOneTrap.Com
That’s an excellent page, not ONLY about Capital One:
“Meanwhile, I am in uncharted territory. I lost my health insurance last summer. And, frankly, I have no idea what to do in the event of a medical emergency. I haven’t seen my own physician in two years. The last time I saw him he chastised me for not having the echo-cardiogram he ordered. I have had yard sales in order to buy lunch and to be able to pay for my prescriptions (Inderal and blood pressure medication). One time I drove to the pharmacy and bought one blood pressure pill because that was all the money I had. The pharmacist was not amused.”
And:
“I would love to get up in the morning and put in an 8-hour day. At this point, it is physically impossible. I can, however, write. I can edit. I can create websites for people. Unfortunately, customers are few and far between. I spend all my waking hours looking for ways to use the assets at my disposal to escape, once and for all, this never-ending nightmare”
If I had any money, I’d sure hire him/her. Nice page and well written. But what’s missing is a name, people are so afraid.
