Monday, November 20, 2006
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:
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2004 Suit (credit limits, credit reporting - on appeal) • Capital One - ruthless banksters • (4) Comments • Permalink
