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MIS (CreditData SW) - AZ Experian affiliate

Monday, March 13, 2006

The 2/27/06 settlement conference with Target, Cap One and Equifax

Been so busy, almost forgot to post about this event.  Snell & Willmer, the Target attorneys, provided conference rooms in their Phoenix office. 

Capital One was first.

According to their local counsel, they weren’t interested in settling only the remaining claims aside from the order regarding the credit limits, which I will appeal.  So that took only a couple minutes.

Then I talked with Lewis Perling on the phone regarding Equifax.

It was obvious that he had NO idea what my claims are and he hadn’t looked at my discovery requests.  I started by asking for a complete and correct report.  Still don’t have the Cap One limits and my mortgage and auto loan had been prematurely deleted.  Mr. Perling advised that Equifax is NOT required to report anything.  Of course that’s BS.  Apparently he doesn’t know the meaning of “complete” either.  We didn’t discuss it further, he said he’d look into it.

I mentioned that I didn’t know where to begin with my claims, there are so many.  So Mr. Perling suggested to just settle everything for a lump sum.  I told him that I want $100,000, he said he *might* get Equifax to pay me $1,000.  That was the end of those negotiations.

Target claimed that senior counsel Robert Foehl flew in from MN just for this settlement conference.

Target also did not want to settle the remaining claim regarding the adverse action letter aside from the order that I’ll appeal.  But we ended up talking for about an hour.

Attorney Foehl hadn’t been to my websites and didn’t care about anything I do, he was simply not interested.  Bad start!  A good negotiator always wants to know as much as possibly about the opposing parties and their goals.  That’s what I loved about real estate, making deals work.  The idiots think it’s all about money!  There are so many ways to come to an agreement that works for all parties.

Obviously, attorney Foehl is NOT a skilled negotiator and I doubt that he flew to Phoenix for this settlement conference.  He had no interest at all in the issues and in settling anything.  For over 1.5 years I’ve attached my press releases to my filings and made it clear to the Target local counsel Jennifer Dioguardi that this is not about a few bucks for me, but about the issues and changes for the better to benefit all Target account holders.

I explained to Mr. Foehl how the B/L ratio is calculated and how the missing credit limits devastate the FICO scores for people with few or no other accounts and that any time an account appears maxed out it is impacting negatively on FICO scores.

I must have asked him about 15 times why he won’t take 2 minutes to send a quick e-mail to Equifax counsel Perling and ask WHY the credit limits Target claims to report to Equifax are NOT on my and my clients’ Equifax reports.  I got different answers, from “the court ruled that limits are not required” to just a smirk.

If you own a store and you spend many millions to advertise your products and to project a positive image, why would you ignore that many of your customers are suffering serious damages to their credit rating because of that mysteriously disappearing Target Guest card credit limit?

Of course the most logical answer is that the Target customers’ losses are Target’s gains

And that a) they don’t report the limits at all and lied or b) they’re happy that their customers can’t get credit elsewhere and have to pay 23% interest to Target.

Mr. Foehl thinks that the financial system is working very well (yeah, for him, an overpaid lawyer with no conscience!) and that creditors might not want to offer credit to almost anyone (I had told him that I’ve been recommending the Target Guest card to re-establish credit) when they run the risk of getting sued (by people like me).  He apparently feels that people with bad credit ought to shut up and be grateful for any credit regardless of the devastating impact on their credit scores and that the disadvantaged deserve to be exploited.

The conference ended shortly after I pointed out that Target knowingly advertises products online that it is NOT shipping and it did nothing to correct its mistakes and continued the false advertising—despite 7 written customer complaints prominently posted on the Target website.

Mr. Foehl was NOT interested in specifics so that he could finally correct the advertising.

To date, Target has not contacted me about this.  Target is scum.

And, they sent me a settlement offer last week EXCLUDING the order I want to appeal - more on that tomorrow.

Summary:

This was a total waste of time.  Equifax was not at all prepared, Capital One couldn’t have cared less and I don’t know what they’re smoking at Target, but they’re definitely not very bright.  Putting me in one room with a selfcentered arrogant yuppie attorney with no conscience is unlikely to result in a settlement.

Usually these conferences are held by a magistrate judge and that might have been more productive.  I could have just the same stayed at home and talked to the defendants’ lawyers on the phone.  Maybe they cooked this up because they thought I wouldn’t want to drive to Phoenix.  Think again.

Fortunately, the scheduling hearing for my 2003 suit was scheduled that afternoon.  While judge Broomfield always gave me permission to attend by phone, it was good to show up in person.

I talked with MIS (Credit Data Southwest, the former Experian affiliate) attorney John Fry after the hearing.

I had been very upset after MIS had sent the offer for $0 2 years ago with its motion for summary judgment.  And I had actually forgotten that they had sent me a new offer last December, it was nothing to get excited over. 

Mr. Fry is a real nice guy.  He encouraged me to send a counter and I had 5 hours to think about it on my way home from Phoenix.  They sold to Experian in 2003 and I wouldn’t be able to get any current info on credit reporting from them.  We settled last Friday, but with a confidentiality clause, so I can’t say anything else.

I’m sure I learned a lot that day and it was worth the trip to Phoenix.  One of those things you ought to do once in your life.  And as pissed off as I was at MIS over that $0 offer, an attorney’s personality goes a long way.  Most just try to offend me.  I don’t know if it’s because they enjoy my filings or to rack up hours or what - it certainly doesn’t help with settlements when they’re obnoxious.

Monday, February 06, 2006

The Experian and MIS initial disclosures

I couldn’t believe how long it took to scan and post their initial disclosures at CreditCourt.  The Experian work is real shotty as usual - many reports have one page upside down, they submitted one report twice, and the million dollar question is what all those reports are that I did NOT previously receive.

It sure is interesting to see the MIS CDVs and ACDVs with the info the CRAs SHOULD provide when a consumer requests the investigation procedures.  I have a lot of questions about the data on the verifications and HOW accounts are reaged and where that Union Bank “past due” notation came from.  Hopefully I’ll get my discovery requests out soon.

Thursday, June 24, 2004

The 6/18/04 Order re. MIS (CreditData SW) Summary Judgment

I couldn’t be any happier!

I lost the 3 fictitious claims (claims I never made) and the toll free number claim.  But that is now a claim against Experian.  Judge Broomfield counted 13 remaining claims, I never actually did a count and every time I look at the exhibits I find new claims.  Discovery will be interesting!

The scanned pages 1 - 23 of the order

I just read all 23 pages, had only read the summary earlier.  That was a lot of work for Judge Broomfield!  I wonder how long he worked on that.  It seems like many filings are such a waste of time and tax payer funds.  Not to mention my time.  Of course my defendants would not dream of submitting filings like this MIS Motion for Summary Judgment if they had to pay the plaintiff’s attorney.  Since I don’t have an attorney (yet) and they don’t have to pay for my time, they just try to wear me out.

I highly recommend that all pro se litigants suing or intending to sue CRAs read this order and bookmark it.

There are great references and Judge Broomfield very nicely explained many cases and rules. 

You may recall my recent posting about “feeling like I can move mountains.” I know I have a great case.  I’m sure there are many things I still have to learn, but I think the worst is over.

And it’s really strange that the court mailed the order.  It was signed on the 17th, filed the 18th, postmarked on the 21st and delivered on the 23rd.  It contained an authorization to fax orders to me.  But they already have my authorization and have been faxing everything until now.  Strange.

Sunday, June 20, 2004

It’s about time Congress does something about fake non profits like MIS (Credit Data SW)

Widespread Fraud Prompts Congress to Rethink Laws

“… Congress has reacted angrily to revelations of abuses by a wide variety of charities, including scandals at well-established organizations such as United Way and the Nature Conservancy, and the disclosure that some tax-exempt groups have been acting as “accommodation parties” in abusive tax shelters. ... “

Experian had RECORD profits and MIS operates as a non profit.  Who is pocketing the $$$?

Tuesday, June 15, 2004

MIS (CreditData SW) - My 5/19/04 Supplemental Memorandum

I just noticed as I went to send someone the link that I hadn’t posted my Supplemental Memorandum in Support of my Objection to the MIS Motion for Summary Judgment.

http://forum.creditcourt.com/discus/messages/803/1288.html

While MIS filed a Motion to Strike, this filing best describes my claims.