I’m sorry I haven’t posted in so long, but I’ve been extremely busy.
Last September the Phoenix district court dismissed ALL my claims against Equifax and Midland Funding / MCM.
I appealed and last night I filed my informal opening brief:
After two weeks of doing not much else but read the orders and filings and doing a ton of research, my brain is fried and I have to attend to the gardens for a few days.
However, having to relive how I got railroaded in kangaroo court motivated me very much to update and post here again.
It’s incredibly that Equifax stepped up to defend Midland / MCM to get an obviously unjust dismissal.
The lies, the deceit … it’s so hard to find justice in the courts because the judges ACTIVELY encourage the most deplorable practices such as Midland claiming that I failed to respond to their motion for judgment on the pleading re. my FDCPA claims when I had in fact THREE more days to reply. Judge Campbell couldn’t have cared less …
My case was reassigned to judge Logan and he refused to extend the discovery deadlines even though none of the defendants objected (I attached their emails).
I NEVER got to see the Equifax initial disclosures and had LESS than 3 months from the Equifax and Midland/MCM answers to my amended complaint until discovery closed.
It’s so unfortunate that ALL we can do is appeal. I ran across several FDCPA and FCRA cases in Arizona and it’s depressing to read those rulings.
A key issue with Midland / MCM is that they charged interest PRIOR to its ownership of the accounts.
When they sued me in justice court, I argued that it was an FDCPA violation to charge “pre-ownership” interest for my HSBC accounts (HSBC did not add interest to the accounts after they charged off). So they “waived” all “prejudgment” interest in their motion for summary judgment to get a dismissal of my FDCPA claims.
Then they continued to report this “waived” interest to the credit bureaus and verified after my disputes in 2013 AFTER I sued them! The nerve …
Most people with credit cards have received credits for late fees, over limit fees and interest due to whatever issues. Imagine the uproar if the banks later ADDED these charges again!
If anyone has relevant case law regarding such a situation, please let me know!