2004 Credit Suit

More objections and I am really moving the blog now

I was just getting ready to move the blog after I mailed the new complaint when I got the Trans Union objection to my motion for reimbursement of cost of service.

They mailed it on 6/1, I received on the 8th because they mail certified (takes extra long), I had 5 biz days and 3 days for mailing to respond ... And of course had to respond to the American Agencies objection, Tom Wells seems to claim that he didn't get the waiver - would you expect anything but LIES from a collector?

So I had to get that done, and now I don't care what happens, I'll work on the site until I moved it.

I DISABLED COMMENT posting here until after the move.

Oh, got also sidetracked a little with Lexington and set up a special topic for them, been getting so many complaints and an ex Lexington employee sent me a ton of info on their operations for posting. Will try to get that done over the weekend.

AmeriDebt filed for Ch. 11 bankruptcy - the credit counseling scam

AmeriDebt files for bankruptcy

"Credit-counseling company AmeriDebt, charged by federal regulators with using deceptive marketing to bilk hundreds of thousands of customers, filed for bankruptcy Saturday, the company announced."

...

"Regulators said AmeriDebt made customers think that an initial fee would be part of their debt-reduction payments to creditors. Instead, it went to AmeriDebt.

AmeriDebt has disputed the FTC's characterization of the company, saying it provides educational services to customers. It says the payments cited by the FTC are "voluntary contributions."

The FTC charges that AmeriDebt marketed itself as nonprofit, but actually works to make money for affiliated for-profit companies. The agency also said the company's radio and television ads said AmeriDebt helps customers learn better financial management skills.

"The companies that purport to be nonprofit are providing services at significant costs to consumers," said William Gruhn, an assistant attorney general in Maryland's consumer protection division. "They're supposed to be providing education assistance to consumers on how to avoid credit problems, and we're concerned if they're providing that function."

The FTC charges that AmeriDebt marketed itself as nonprofit, but actually works to make money for affiliated for-profit companies. The agency also said the company's radio and television ads said AmeriDebt helps customers learn better financial management skills."

It's a crime that the FTC allowed this to happen for so many years. The FTC, as usually, did NOTHING, NOTHING and NOTHING. And the FTC continues to do NOTHING about all the other credit counseling outfits.

AmeriDebt has been scamming consumers for so many years. And the biggest scam has nothing to do with any of the charges. Many consumers would be much better off filing for bankruptcy or doing nothing.

Credit counselors actually collect payments for CHARGED OFF accounts!

And AmeriDebt is by no means the only debt collector in disguise.

Capital One and Amerix, fka Genus Credit Management (collectors in disguise)

Read that if you you don't know how consumers get deceived and defrauded. Just today I received another complaint from a reader about Capital One claiming that it didn't receive the payments made to their collector by Genus.

My credit counseling page - a few years old, but unfortunately nothing changed for the better and it may have gotten even worse due to the increased competition.

And I've been hearing all these Christian Credit Counseling commercials on the radio.

Scam people in the name of God.

I disassociated myself from Christianity many years ago, figured out that scam too.

"AmeriDebt said it has worked with 400,000 people and had more than 90,000 current clients as of July.

Each year, an estimated 9 million Americans have some contact with a credit counseling agency -often the last stop before a bankruptcy filing."

9 million suckers ....

So many so-called consumer finance experts RECOMMEND credit counseling and even many consumers in credit counseling programs proclaim how wonderful it is.

That's like slaves praising their masters because they do provide food and shelter and slave life is better than having to fend for yourself.

Why are so many Americans living the lives of slaves and loving it?

No spine, no intellect - reduced to consuming drones.

Who is Rhodes Financial and Cambridge A. P.?

Somebody faxed me a 3-page nondisclosure agreement and broker fee agreement, signed and all ready to go.

No cover sheet, strange.

Homebuyers get ADJUSTABLE rate mortgages?

It is totally beyond me why anyone would take adjustable rates in this LOW rate environment.

This is a great article on the state of interest rates, housing values and the economy:

Debt Bubble Stretches to Breaking Point

"At Washington Mutual adjustable-rate mortgages accounted for 53% of all new mortgages in the first quarter of 2004, up from 27% in the first quarter of 2003."

and

"Countrywide Financial funded $15.7 billion in adjustable-rate mortgages in April 2004, up 130% from a year ago."

What?????

I wouldn't even consider buying anything in the overpriced metropolitan areas. Nobody should buy there with the intent on selling or refinancing in the next few (10+?)years. There's a really good chance that values will decline and sales won't be happening, refis will be declined and rates will be much higher.

Why does anyone think that rates will go down?

"Fed Chairman Alan Greenspan told the Credit Union National Association in a February speech that rising mortgage debt, up to $6.8 trillion at the end of 2003, wasn't a problem because lower interest rates had reduced the amount that consumers had to pay each month to service those mortgages. Greenspan didn't say what would happen to both borrowers and lenders when higher interest rates raised the monthly payments on those mortgages."

Take a wild guess what will happen ....

"General Motors used to be a car company. In 2003, the company's finance division, General Motors Acceptance Corp. (or GMAC), reported profits of $2.8 billion. General Motors' car business showed profits of just $1.1 billion. The finance division accounted for 71% of the "car" company's profits. Profits at GMAC grew by 65% from 2001 to 2003."

I had no idea.

"These three rules for bubbles don't pinpoint when the bubble will burst. And my examples hardly create a complete list of all the problems that lie in wait for the economy and the markets as we work through Mr. Greenspan's latest financial bubble."

A huge bubble is all that's left of America - it is financially and morally bankrupt. There is nothing of value, it's all smoke and mirrors. Well, the scenery is great, but tourism is way down too due the American arrogance.

I know foreigners in Florida so sick of America they sold their real estate and they relocated to other countries. Unlike American, they don't walk out with their 3% down payment, they take it all because they paid CASH for their houses. Yup, all the way up to multi million dollar mansions - paid for with cash.

A German woman had overstayed her visa last years for a few days because her dog was sick and eventually was put to sleep. She was arrested when she arrived at the airport to reenter the US and she was refused a phone call to the German embassy or to her husband (a wealthy business man)or anyone else. After some interrogation, she was handcuffed and escorted back on the plane that she had arrived on.

The dollar may be cheap, but a lot of people are just so sick of being harassed by Americans. Florida started to refuse to issue or renew drivers licenses to snowbirds from other countries.

These are the people who do nothing but bring their money to the US and SPEND it on green fees, restaurants, bars, real estate ....

How can America be so stupid and alienate these people?

Millions of American retirees are looking to relocate to Mexico and Central America, and of course I am too. Can't wait to get out of here.

Associates / Citi Financial failed to credit extra payments

I've been working with someone who was going to pay off his equity loan originated by Associates, now Citi Financial, but the balance didn't look right to him.

I'm aware of class actions against Citi over Associates lending regulation violations and an FTC settlement. However, I didn't see anything about ACCOUNTING fraud.

In 6/01 Citi announced that "Associates Home Equity Services, Inc has changed its name to CitiFinancial Mortgage Company, Inc!"

The borrower had ordered accounting from Citi in 1/03, but they didn't cover the first year of the loan in 99, but started the accounting in 10/00.

That sure makes me think that they were quite aware of accounting problems and they deliberately omitted the first year.

He finally received full accounting last week and noticed that a $1,386 extra payment in the first month of the loan in 10/99 was credited on the 11/99 statement, but the principle balance on the NEXT statement in 12/99 entirely ignored that payment and this payment is also missing from the Citi accounting.

It appears that while Associates received and posted the payment, it was ignored by the accounting software. How can that happen without anyone noticing?

Hopefully a lawsuit will be filed and discovery should reveal whether other borrowers complained about missing credits and whether Associates/Citi know of or should have known about the software problems.

Obviously, all loans should be audited and alerts should be sent to all borrowers.

If you had an Associates loan in 1999 or 2000, please do check your statements for posted extra payments that are not included in the balance calculations.

Where is that money?

I'm CONSTANTLY seeing banks and creditors failing to apply payments they clearly received. Pacific Bell failed to credit my $120 payment, GTE (Verizon) billed me for a $90 check they sent me in error although I didn't cash the check. Compass Bank didn't notice a $500 error, and I see these accounting "irregularties" constantly on readers' and clients' accounts.

Why is the US government condoning this rampant accounting fraud?

Because it only hurts people like you and me and the corporations who defraud us pay for their elections?

New Delhi, India, collection agency seeking to collect from alleged American debtors

"Neglected Debtors Don't Pay Anything

cleave¹ (kleev), 1. to adhere closely, stick, cling 2. to remain faithful, loyal

Offshore outsourcing is the future of debt recovery. Cleave Global e-Services Ltd. is a Business Process Outsourcing enterprise located in upscale New Delhi, India. Our collection expertise is grounded in our core business-providing profitable, confidential outsourcing results for our clients in e-accounting, healthcare, legal, customer relationship management, telemarketing, and travel industries. Is offshore outsourcing in your future? ..."
and

"Cleave Global is proud to offer 100% college graduates who are FDCPA and HIPAA trained & tested, available worldwide 24 hours a day, and are scalable, up or down. When you outsource with Cleave Global e-Services, you will receive at a minimum a made to order training module to ensure transparency, US based predictive dialers for smooth international dialing, daily reports as to attempts, contacts and promises made. Debtors are always instructed to send payments directly to your office. ... "

So there goes your identifying information, maybe your entire credit history, off to India. For more info read: DEBT RECOVERY SERVICES

GM foreclosing while payments are current?

An e-mail I got this afternoon:

"Hi Christine,

I know you're terribly busy, but GMAC is trying to foreclose on my house AGAIN...second time in five years (I beat them the first time).

It claims I've missed three mortgage payments, despite receiving copies of all cancelled checks that prove I am current.

It just will not stop the foreclosure, and I'm falling apart.

What do you charge for a referral, and would you help?

...please.

Thank you."

I sent the NACA link, hope she can find an attorney.

A conversation with a creditor/collector attorney

Attorney Trey Jackson in Georgia (unconfirmed) posted at the CreditCourt forum and it's too bad that he apparently got too busy to respond, or something ....

It is of course true that despite consumers' legitimate claims, it is likely that their suit will get dismissed if they don't settle prior to the hearing, especially in local and small claims courts where the defendants' attorneys can appear.

However, in combination with publication and published complaints with regulators, most collectors will settle very quickly - they can't get those complaints and web sites dismissed.

Encore: A Debt Collector That Truly Feels Your Pain

If you're getting a call about your credit card debt from Encore Capital Group, don't accuse the company of not understanding your predicament.

"Encore has walked a mile in your shoes.

The company buys debt at reduced prices from other firms, mainly issuers of credit cards, that have given up trying to collect. It then tries to collect the money itself.

"A few years ago, Encore hid under its own mountain of debt.

"We were in default with all our bankers," said Chief Executive Carl Gregory. "But we renegotiated terms of repayment, and we were able to pay off the debts in advance of the new deadlines."

Gregory and his management team took over in 2000, when Encore was headed for an annual loss of $3.20 a share. He says the company ran into problems when it tried to grow too fast.

Isn't it interesting how corporations can simply "renegotiate" the terms?

I wonder what kind of terms Encore gives to consumers.

Government witness against Martha Stewart charged with perjury on Friday

Stewart Witness Charged With Perjury

"... The government said it had uncovered eight separate false statements made by Larry Stewart on the stand about two subjects: that he participated in an August 2002 examination of the worksheet, and that he was familiar with a book proposal on ink analysis.

The government asserted that Stewart, who is no relation to Martha, actually had no knowledge of the proposal.

Larry Stewart surrendered to federal agents earlier in the day and was expected to appear in court later Friday.

The two perjury counts against Larry Stewart, 46, of Bethesda, Md., carry up to 10 years in prison.

Stewart has been placed on suspension by the Secret Service, Kelley said."

Why did he do that?

And I sure I hope I'll get to deal with the Pacific Bell perjury soon.

N.Y. Lawyer Fined for Barking at Witness

The lawyer, David Fink, made false statements, failed to comply with court orders and engaged in frivolous conduct during a breach of contract suit over home furnishing designs, Manhattan state Supreme Court Justice Charles Ramos said.

" ... During a deposition in which Kittle was giving sworn statements on Jan. 16, 2002, he referred to letters he had received from Fink. He called them threatening, "mad dog lawyer" letters, according to Kittle's lawyer, Samuel Friedman.

At the continuation of the deposition the next day, Friedman said, Fink started barking like a dog when Kittle was asked about the letters by Donald Creadore, the lawyer who had taken over Levine's case from Fink.

Friedman said Fink "behaved in a very mocking manner, making the witness feel intimidated, speaking over other people and making it difficult for the court reporter to record much of anything."

Friedman complained to Ramos about Fink's behavior.

"Mr. Fink was barking up the wrong tree," the lawyer quipped as he recalled the deposition. "I don't know what motivated him to bark."

After having a special referee review Fink's behavior, Ramos followed the recommendations and fined Fink, according to the judge's 54-page decision, which was published Thursday. The lawyer had already been assessed another $1,400 for previous misconduct in the case.

..."

I thought that lawyers HAVE to make false statements. They all do. Is that a special Arizona requirement?

Websites help locate deadbeat parents

Web sites becoming popular venues for 'Most Wanted' deadbeat parent lists

"If you end up on that Web page, it means you have ignored every effort we made to contact you. It means you have avoided payment for at least six months and owe at least $5000," Capistany said.

Not even celebrities are immune from placement. The Washington DCS site saw its traffic increase when two professional athletes landed on the list.

Former Seattle Seahawks running back Chris Warren owes $103,147 in child support to the mother of his two children, ages 10 and 11, according to the site. He is supposed to pay $5,000 a month.

The state also says Vernon Maxwell, who played for the Seattle Supersonics in 1999, owes $34,000 to the mother of his 2-year-old child. He owes even more in Florida. Maxwell was arrested last month for failing to pay $160,000 for his teenage son there."

Consumers keep *calling* me regarding the First USA/Bank One press release

I clearly state that I'm NOT an attorney and everything I do is on the web. Yet, people keep leaving messages for me to call them.

I really don't have time to waste on phone calls nor can I help them unless they are willing to go public. If that's the case, they should e-mail.

What really gets me is that they leave numbers answered by recordings or with "call intercept" or they block calls from an undisclosed number. I take serious measures to ensure that my direct number doesn't become public.

So from now on, I'm not going to waste my time trying to return these calls. If people can't communicate via e-mail, there's nothing I can do for them anyway.

Two new Supreme Court decisions on bankruptcy

Consumers win Supreme Court bankruptcy rulings

"Justices sided with a former Tennessee student who claimed she could not afford payments on $4,000 in state-backed education loans.

The state argued that it could not be taken to federal bankruptcy court against its wishes. Justices agreed 7-2, though, to let Pamela Hood pursue her case."

and

"Justice John Paul Stevens, writing for himself and three colleagues, said that judges should decide an appropriate interest rate for someone to pay — "a rate high enough to compensate the creditor for its risk but not so high as to doom the plan."

"If the court determines that the likelihood of default is so high as to necessitate an 'eye-popping' interest rate, the plan probably should not be confirmed," he wrote.

Justice Clarence Thomas added a fifth vote to reverse a judgment against the Indiana couple.

Justice Antonin Scalia, in a dissent joined by Rehnquist and Justices Sandra Day O'Connor and Anthony M. Kennedy, said that Lee and Amy Till agreed to pay 21 percent interest when they bought the truck, and that was a fair amount for a bankruptcy judge to require. The case is Till v. SCS Credit Corp., 02-1016."

I wonder what the hell is wrong with people who pay 21% for a TRUCK in the first place. Then again, there are hundreds of reasons why people need a truck, but their credit sucks and they haven't found my forums and/or they're just busy making ends meet.

Dawn Adams Wheelahan's OBJECTION to the FCRA class action settlement

I'm still trying to figure out what really went in this class action and I read Ms. Wheelahan's objection to the modified stipulation of the settlement on 12/3/03.

According to her, the class counsel as well as the MANY objectors were basically just trying to make a buck and selling out to the CRAs. HUGE SURPISE!!!! Who would have thought that any attorney would put their own financial benefit ahead of their clients' interest?

Aside from the attorneys fees aspects, she pointed out specific issues relating to ARBITRATION and the fact that the class members gave up FUTURE claims. I can not even believe that this was in the settlement, it sure looks like the CRAs paid the class counsel to extinguish the members claims.

If you scroll all the way down Ms. Wheelahan's objection, you'll see the exhibits. Most interesting, it seems like every FCRA attorney in the country chimed in on the objection - check the list of e-mail addresses. And if you read nothing else, read her letter to the court. The court obviously disagreed with her as the $15 million were awarded to the class counsel, but she sure makes some interesting points.

I'm not saying that the "objectors" were only interested in a piece of the pie, but it is certainly very enlightening to see how this works and how Wheelahan was shut out.

Attorneys fees - Equifax and Trans Union once again are morons

I was reading the ruling about attorneys fees in the FCRA class action over the reporting of discharged accounts on non filers' reports. It's actually 3 cases, essentially the same members against each CRA.

Some interesting facts:

Over 4 million notices were mailed out, with almost 1/4 returned undeliverable. The court estimated that the class has between 1.9 and 2.3 million members. For the purpose of calculating attorneys fees, the court concluded that the class had no less than 1.5 million members.

The plaintiff's counsel and experts estimated $200, up to $1,000 to have the credit file rescored. The court concluded that the benefit to the members was at least $100 each, resulting in a value of 150 million for each case.

As of January 2004, 14,671 attorney hours and 834 paralegal hours had been submitted by the class counsel and the objectors. One of the objectors was Ms. Wheelahan, and attorney class member who also submitted 182 attorney hours on her own behalf and may not get anything.

In 1/2003, the parties had stipulated that the attorneys fees would not exceed $5 million per case and that the defendants would not contest those fees.

Guess who now contested the fees? Equifax and Trans Union.

The court did award the requested $5 million per case, and if you ever want to know more about various methods of calculating attorneys fees, this is a great document to read.

WELL worth it too, this is definitely a landmark case. We need a LOT more of those class actions, starting with the reporting of credit limits by Capital One.

I just don't know that any firm wants to start by mailing 30+ million class notices to members. You're talking over $10,000,000 in POSTAGE!

AAA towing only available to people with cell phones

This is about as bizarre as it gets.

They made a one-time exception for me, but made it clear that in the future, I would have to make the call while at the vehicle.

They also made an exception when they gave me the # for the tow service so I could arrange meeting up with them. Then they had the nerve to tell me that the tow truck would be there in 0 - 60 minutes. Even if the driver had left IMMEDIATELY he couldn't possibly make it in an hour. And, when I called the tow service, AAA hadn't even called yet!

I've had my share of problems with AAA in the past, and this erosion of service fits perfectly with everything else going on in America.

What a day! Finally filed for reimbursement of costs of serving.

That was quite a job. So I drove the envelopes to my mailbox, on the way out I noticed that my wallet wasn't in my purse, but I figured it didn't matter, it's only a few miles.

The mail guy was early and had already left when I got there. I hadn't been to my local post-office in weeks and I don't feel good about leaving mail in the box overnight, so I decided to drop it off at the post-office.

They had a certified mailing from TU for me.

If they pulled their heads out of their asses for a few minutes at Strasburger and Price, they might just mail to the right address. It's beyond belief how screwed up they are. This is the second time they did that. Not to mention the insanity of filing that motion!

I thought that Strasburger & Price was a reputable firm, but the quality of their work is so poor, beyond belief ... more on that once I scanned it.

So I was ready to drive home after I read that motion and my truck didn't start. Had zero power, not even the radio worked and jiggling the battery wires didn't help either. And I didn't have my wallet. My first thought was that I had a lot of change in my purse, but then remembered that I gave all that to the Salvation Army people around Christmas.

Asked a few people whether they were going my way and finally decided to hitchhike home. I also didn't bring sun glasses and I wished a lot of people who drove by many flat tires. Fortunately one of my neighbors came along and gave me a ride home.

Took my old Scout to get my dog and the valuables out of the truck. I guess tomorrow I'll have AAA tow it to Kingman. One more thing to deal with ... and another day shot.

On the bright side, I got some exercise.

Angry Man's Web Site Nabs Traffic Death Suspect

Operator: 'I Never Thought It Would Lead To An Arrest'

"TAMPA, Fla. -- A business consultant angered when the suspect in his brother-in-law's traffic death didn't appear for trial started a Web site devoted to the suspect's capture - and it worked.

Rolando Pozo said he knew it was a long shot when he created the Web site as a diversion from the helplessness and anger he felt when suspect Carlos Giddings (pictured, left) missed his trial date. But on Friday, Pozo received an e-mail telling him where Giddings could be found. Hours later, Giddings was arrested."

Of course I have my own websites becaus I know the power of the web, but it does take more than a few hours to get results.

In this case, the web page was featured on local TV. Whatever it takes!

Upgraded MT

Since the comment spammers are back in full force and I just got the approval to participate in the beta testing, I upgraded.

I hope everything works ok.

Mortgage fax SPAM

Today I received a fax from an unidentified lender or broker, the # to call is 800-507-2008. The optout number is 888-211-9430.

They claim to speak Spanish and promise 99% approval.

I called to find out who they are and I spoke to a guy who claimed his name was Ray. Due to his strong Indian accent, I asked whether he was in India, and he acknowledged. I asked to speak to someone about a mortgage, and he told me he needed to get my name and # first. At first I objected, but since I really wanted to know who the company was, I gave it to him.

Then he wanted to know the value of the property, loan amount, interest rate, etc. I got pissed and told him to transfer me.

He refused, said they were the call center and that's what he needs to get prior to a transfer. It was odd that he frequently had someone tell him what to say. I asked for his supervisor, he insisted that he was the supervisor.

I finally told him that I wanted to buy a $15 million house with a $10 million loan in Beverly hills. He was so stupid, he asked me what the interest rate was. Just to get it over with, I said 15%.

So he told me that someone would call me in 5 minutes. ACK!!!! He lied all along. Very skilled. I fell for it.

I didn't give out my direct number, and 2 calls were placed to the number I gave him from 281-914-4674, no messages were left.

So I called (of course through a prepaid service so they don't get my direct #), and it was answered "hello." Asked whether this wasn't a mortgage company and he said "oh yes, Mortgage Finance." Told him that someone called me, and he knew who I was.

He said he would transfer me. Put me on hold, disconnected after 10 minutes.

I called back, this time he would really transfer me. I was disconnected after 3 minutes on hold.

I have no idea what is going on. Did I really call India? Are they fishing for refi leads to sell to brokers? That would suck, I was hoping that the fax came on behalf of a real company.

None of numbers got any results in a Google search. Does anyone know how I could find out who those numbers belong to with a subpoena? I don't even know which phone company they use, but it seems like there should be a way to find out.

I recently discovered that Ameriquest Mortgage purchases leads from spammers. There's a lot more to come. I am so sick of these corrupts businesses PAYING for that spam to be send to me. Of course there's more money to be made on the faxes, in Arizona it's only $10 per spam. But, there's also the unfair and deceptive practices act and many of the spams qualify.

Stamps.com is going to be named in my suit. I sent them 2 e-mails, requesting information about the spammer, I included the affiliate ID. I got no reply from stamps.com. Even at only $10, it adds up, since I get one or two on an average day. They will regret ignoring me.

THOSE are the companies who I want to sue and I believe I will be able to get settlements or judgments.

I really wished I wasn't so busy. I just can't keep up, so much going on, and 4 spam faxes and about 100 spam e-mails today, exluding the virus emails since they're filtered out.

I was so happy I didn't get any comment spam for at least a week, but today they're back, about 10 or so.

It gets old.

How prayers to God are dividing a local community

Les put together a great summary of the conflict over prayer calls in Hamtramck, MI, with several news excerpts and heconcluded with:

"On this "National Day of Prayer" we'll be told repeatedly that prayer is always a good thing and should be engaged in daily. That people of all faiths should come together and pray for the blessings from whatever concept of God(s) they may have to be bestowed upon our country, our communities and our families. We will hear of countless stories where the power of prayer has righted some wrong or cured some incurable disease or turned someone's life around and we'll be encouraged to make daily prayer a habit because it's always a good thing. Yet here in Michigan we have a perfect example of just how a daily prayer can cause as much harm as good and can bring hidden prejudices and fears to the surface. It reveals just how poorly many Americans understand what their rights are and just how selfish they can be in allowing others to enjoy the same freedoms and privileges they claim for themselves. Not to mention how little they understand the teachings of their own religion."

I can only second that. It's frustrating to see sentiments just like hundreds of years ago. Technology evolved - most peoples' brains didn't.

Mozilla Firefox is pretty nice, saves credit reports, BUT ...

... it doesn't show the formatting and link buttons in Movable Type 2.611 or 2.64.

I thought I was going nuts, I knew it had to be something "simple" since the 2 blogs are completely separate installations. It sure took me long enough to figure out that the formatting buttons disappeared only with Firefox. How strange.

The other big problem with Firefox is that I can't install the Googlebar with the form autofill.

Firefox has some great features though, I can bookmark the pages I need to set up new CreditFactors subscribers in one folder and the click on "open in tabs" and that's what it does - open all the pages in tabs, a tremendous time saver for lots of admin tasks.

Most important, and that's why I downloaded it, it SAVES the PrivacyGuard and other credit reports IE can't save, all I get is errors with IE.

So from now on, it's IE for form filling and MT postings, for everything else Firefox has worked great.

Pictures

From http://www.rense.com/

If you're into satire and strangeness, there's tons at http://www.rense.com/wtcsplshpage.htm

Jail for man who left bag in airport

"A plumber who left an unattended bag containing a teddy bear, some fruit and clothes in an airport lounge was jailed yesterday for causing a full-scale security alert.

Magistrates sentenced Jose da Silva, 25, to 10 days under public nuisance laws.

Da Silva was waiting for a flight home to Portugal last Sunday when he left the hold-all in a departure lounge while he went for a cigarette at Birmingham nternational airport."

Unbelievable, I'm so lucky I don't have to fly.

CITIGROUP SETTLES FTC CHARGES AGAINST THE ASSOCIATES

RECORD-SETTING $215 MILLION FOR PREDATORY LENDING VICTIMS

"Due to the large volume of claims filed, eligible class members should expect to receive checks (or credits to their delinquent accounts) before the end of April, 2004.

In the largest consumer protection settlement in FTC history, Citigroup Inc. will pay $215 million to resolve Commission charges that its affiliates, Associates First Capital Corporation and Associates Corporation of North America (The Associates), engaged in systematic and widespread abusive lending practices, commonly known as "predatory lending.""

I'd sure like to hear from individuals who got checks - are they happy?

Despite this seemingly large settlement, Citi Financial continues to disregard borrowers' rights.

Arbitrator and mediator Joe Meyer on the record consumer debt and economic outlook

This is really interesting, Joe Meyer is an arbitrator and mediator for the NASD and NYSE and on the Art Bell show. So far, I definitely have to agree with his outlook.

You don't have to be a rocket scientist to figure out that an awful lot of money and debt has been created through the low interest rates and escalating real estate prices, and once rates go up, many consumers will default.

Already the debt negotiation business has been booming and bankruptcies are at all time highs.

NJ insurers want to use credit scores to rate auto insurance

Insurers seek to set rates using credit score

"The practice, known as credit scoring, has been touted by the McGreevey administration as a way to lure auto insurers into New Jersey. Consumer advocates, however, say it discriminates against minorities and the poor. Some have called it "economic redlining."

They call it what it is.

More lies: "Seven Credit Do’s and Don’ts."

I just received an e-mail from "Identity Guard" , with a link to http://www.identityguard.com/newsletters/05/lead_html.htm

"Seven Credit Do’s and Don’ts.

Follow these rules of the road to keep your credit profile safe and sound."

Because that's an outrageous lie, I'll briefly point out what's wrong with their advice:

"Maintaining a clean credit rating can sometimes seem like driving down a winding road in the dead of night. One wrong move, and you’ll wind up in the financial ditch, dialing for roadside assistance.

But keeping your credit on the straight and narrow can be a lot easier once you understand the factors lenders and credit agencies use to judge your creditworthiness. By following these few, simple rules of the road, you’ll make sure you arrive at your financial future, safe and sound:"

-- Hell no, there's NOTHING easy, and following their advice is the road to wasting a lot of money AND having awful credit.

"Don’t ignore credit problems and hope they’ll go away.

They won’t go away. More likely, they’ll get worse. Just ask anyone who’s had to dig themselves out from under a pile of bad debt. Creditors don’t easily give up on collecting what they’re owed, and the aggressive tactics they use can affect your credit record for many years to come.

Better to address problems as early as possible, when you’ve still got all the credit tools at your disposal. If you’ve got outstanding debt, contact your creditors right away to let them know that you’re ready to make amends. By arranging for a monthly payment plan, you’ll avoid a lot of phone calls and prevent serious damage to your financial future."

-- 1) If creditors complied with the FCRA, all credit problems WOULD go away. Accounts wouldn't be reaged, and if correctly reported, most problems would be insignificant after a few years and DELETED after 7 years from the first permanent delinquency.

-- 2) It is absolutely FALSE that creditors will not damage your credit if you make payment arrangements. If they report to the CRAs, MOST creditors will continue to report you delinquent, and instead of charging off the account for nonpayment after a few months, they will CONTINUALLY charge you overlimit or late fees. I documented this many times.

I've seen $200 credit lines turn into $1,000+ charge-offs after consumers made $500+ in payments and never charged anything again. All the payments, made in good faith by succers who followed awful advice, resulted in over limit and late fees.

If you can't bring the account CURRENT and BELOW your limit immediately, let them charge it off.

-- 3) There are MANY ways to avoid the obnoxious calls. Some as simple as getting an unlisted or a free K7 #.

"Do use your credit responsibly.

Now that you’re on the road to fiscal recovery (or even if you’ve never left it), you shouldn’t be afraid to use credit wisely in the future. The fact is, the surest way to gain – or regain – a stellar credit rating is through long-term responsible credit management. And the time to begin that terrific credit history is right now."

-- This is downright stupid.

"Do pay your bills on time.

Believe it or not, nothing (excepting bankruptcy or tax liens) has a greater negative effect on your credit than the failure to pay monthly bills on time. In fact, credit agencies count payment punctuality as making up as much as 35% of the average credit score. And the more recent the late payment, the greater the penalty to your score.

If you wind up in a dispute about an item you’ve purchased or a charge made to your account, be sure to continue paying the monthly minimum on that account while you pursue the dispute. It will do you little good to eventually gain satisfaction from the creditor, if your credit becomes ruined in the meantime."

-- It is of course false that bankruptcy has a greater negative effect than not paying your bills. Just about all consumers with delinquent accounts immediately have higher FICO scores as soon at they filed for bankruptcy and got the discharged accounts reported CORRECTLY.

You can easily have 700+ credit scores only 2 years after a bankruptcy filing, while people who try to make payments on delinquent accounts are stuck in the 500's literally forever.

"Don’t apply for too much credit in too short a time.

Potential credit providers will view you with suspicion if you’ve tried to open too many lines of credit in the recent past. Even if you haven’t spent or borrowed a dime on your new accounts, the applications alone will count against your credit score.

If you’re shopping around at multiple sources for a good rate on a new loan or credit card, be sure not to inadvertently “apply” for the account, when you’re really only seeking information. To prevent that from happening, keep your Social Security Number to yourself (a good idea for protecting against identity theft, as well), since without it, an account can’t be opened in your name."

-- False again. It is not the prospective lenders, but the FICO scores who punish consumers for shopping for good rates and terms, as well as applying for jobs, cell phones, moving and applying for utilities, etc.

"On the other hand…

Don’t try to improve your credit by closing accounts.
You don’t need all those credit cards…and they’re probably just using up your valuable credit. So by just dropping a few of them, you’ll improve your credit score…right?

Wrong. That’s a big-time mistake made by lots of credit consumers. Lenders look at the dollar difference between your total available credit and the amount you owe against it. By closing accounts, you reduce your available credit and so worsen your borrowing ratio."

-- This is true. Finally, a correct statement.

"Do avoid maxing out your credit cards.

This probably goes without saying, but if you’re near the credit limit on one or more of your credit cards or revolving charge accounts, do your best to pay that amount down as soon as possible. Potential lenders will assume that such large balances mean you’re having trouble handling your current credit, and so will be reluctant to trust you with more of it."

-- False. It is not the "large" balances that are considered by most lenders. A lousy $250 balance on your Capital One account will destroy your scores if that's your only credit card and you never charged more than $250. It doesn't matter that your limit is 100,000, since Capital One doesn't report it.

Please read about the very important B/L ratio for the facts about this score factor.

"Don’t be a stranger to your credit information.

Just like any other aspect of your financial life, successfully managing your credit takes some effort on your part. But thanks to the many tools now available to consumers, that task is far easier than it once was.

You can view your credit report online, if you wish – and get an instant snapshot of your current credit picture. By subscribing to a service that monitors your credit files on a daily basis, you can spot and correct any potentially damaging entries before they take a toll on your long-term credit."

-- This is partially true, although it does not matter how much money you spend on monitoring when you follow their crappy advice.

And, their reports are INCOMPLETE, don't waste your money.

"And now, you can even look into your credit future, with online, interactive simulation tools that let you see how making certain financial choices, like applying for a mortgage or paying off a balance, can alter your credit score."

-- This is more crap - proven to be about as accurate as roulette.

"While avoiding credit missteps can sometimes sound complicated, the basics are as easy as 1-2-3: Watch your credit. Use it responsibly."

False. There is absolutely NOTHING easy.

Credit scoring is MUCH more complicated than the federal tax code, and to make things worse, the code is SECRET. I've been lied to by Fair Isaac, sued for answers, and got most of my knowledge by researching the actual client reports and analyzing the results of changes on the reports.

Thousands of hours, and as much as I've learned, there is so much more I don't know. I do know however that the FICO scoring software is buggy as hell and Fair Isaac needs to be sued out of existence and their fortune should be used to compensate the many millions of consumers who have suffered damages due to the artificially low scores.

E-mailed to "Identity Guard" :

Attn: Legal Department

Please send out a correction with at least a few *true* facts about credit.

FYI: http://www.creditsuit.org/blog/archives/000499.html#more

I realize that your objective is debt collection and the sales of your crappy reports, but that doesn't entitle you to mislead consumers.

Sincerely,

Christine Baker
http://www.creditsuit.org

ACLU *secret* suit against FBI over Patriot Act

ACLU Reveals Secret Suit Over FBI Powers

"The ACLU said it initially filed the civil lawsuit under seal on April 6 because it could have been prosecuted for violating a gag order contained within the Patriot Act. It said it chose to make the case public after the government agreed on Wednesday it would not seek a penalty against the ACLU.

But many details of the case, filed in Manhattan federal court, must remain secret.

...

"The National Security Letter provision allows the FBI to demand the sensitive records of innocent people in complete secrecy, without ever appearing before a federal judge," said Jameel Jaffer, an ACLU staff attorney.

"Before the Patriot Act, the FBI could use this invasive authority only against suspected terrorists and spies," Jaffer said. "Now it can issue National Security Letters to obtain information about anyone at all. This should be disturbing to all of us."

The suit argues that the National Security Letter provision violates the constitution because it authorizes the FBI to force disclosure of sensitive information without adequate safeguards.

The FBI no longer has to show a judge there is a compelling need for the records and it does not have to specify any process that would allow a recipient to fight the demand for confidential information.

...."

I've been noticing banks printing their "cooperation" right on their pre-approvals. Apparently all the Vegas hotels are cooperating, the airlines, it looks like privacy is a luxury of the past in America.

Homeless to be implanted with RFID tracking chips?

I did a google when I heard that on the radio, and the first postings I found about it were dated 4/1. I was relieved that it appeared to be a bad joke, but then I found WIRING OUR HOMELESS - Logan's Run 2004 They claim they confirmed the story.

"Mandatory sub-dermal tracking systems to be implanted in New York, San Francisco, Bethlehem, Pennsylvania and Washington DC's Homeless Populations."

According to the commentary, the government decided to make it a "voluntary" implant in response to protests. I know many homeless people, they'll go for the chip when hell freezes over! Or until it's required to get a meal or a bed in a shelter.

Many homeless are "misfits" and can't and don't want to be part of this society of thieving and deception, very much like me.

My dog has a chip, and that's ok - he's a DOG. It's also not a tracking chip, the chip's frequency can only be picked up within a couple of feet.

From the commentary:

"Where does it end, America? Eventually each and every one of us will fall under some category that must be monitored for our own or society's protection whether due to circumstance of life, such as unemployment, illness, old age or bad choices. Is this freedom? Is this what we fight for?"

It still think it HAS to be a joke, this can't be real.

The Bankers have the Supreme Court in their pocket

Supreme Court Upholds Credit Card Fee Regulation

"WASHINGTON (Reuters) - A unanimous U.S. Supreme Court upheld on Wednesday a federal regulation that allows credit card issuers to disclose as other charges the fees for customers who exceed their credit limits.

The justices overturned a U.S. appeals court ruling that credit card companies must instead disclose the so-called "over-the-credit-limit" fees as part of the finance charges.

The ruling was a victory for the federal government, which said the appeals court ruling would expose credit card lenders to significant liability and would confuse consumers. It said there are about 1.3 billion U.S. credit card accounts.

The case stemmed from a class-action lawsuit brought by Sharon Pfennig.

She claimed a unit of Prospect Heights, Illinois-based Household International Inc. violated the Truth in Lending Act by letting her exceed her credit limit and then imposing fees. Household is a unit of Britain's HSBC Holdings Plc."

Evil (the Federal Reserve and the banks) won again.

They are making sure that banks can continue to exploit consumers and post record profits from FEES.

Why can't card holders simply request that charges exceeding the limit be declined so that they won't be hit with the overlimit fees?

American Express sends Cease & Desist for a JOKE!

From Brad Templeton's blog:

"On my rec.humor.funny web site, I maintain the newsgroup archives, including this 13 year old joke entitled American Expressway.

Today I got one of those bullying "cease and desist" letters from American Express's law firm, ordering me to take down the joke for trademark infringement. .... "

It's hard to believe that this is true, but here's the 4/13/04 C & D and it looks real.

Copy of this entry e-mailed to the alleged author of this moronic C & D:

Anne E. Naffziger
LEYDIG, VOIT & MAYER, LTD.
Two Prudential Plaza
Chicago, IL 60601
312-616-5600
Fax: 312-616-5700
e-mail: anaffziger@leydig.com

"Please let me know if you didn't actually send this alleged C & D, wouldn't want your reputation tarnished if this idiotic C & D was a joke."

Frontier refused to extend the due date for bills not received

This is about as ridiculous as it gets. My phone bills are dated the 5th of every month and they are due on the 20th, giving the average person in my neighborhood about 3 days to mail the check on time to get there by the due date. I didn't get those phone bills this month, so I thought I'd give them a call and let them know.

I thought that they would cheerfully offer to send duplicates and extend the due date by a few weeks. Fat chance - it's the PHONE company!

First I spoke with Holly, ext 3085. She told me that I had to initiate an investigation with the post-office.

I had supervisor Margie, ext. 3062, confirm that I am to request an investigation because my mail was probably just "sitting somewhere." I explained to her that it's THEIR obligation to have the post-office investigate, since THEY paid for the postage. She disagreed.

Margie also advised that because I received the telephone service, it is my obligation to pay my bill by the 20th (today) and my service is subject to be disconnected.

She did NOT extend my due date!!!!

It is unfortunate that they are a monopoly. I have no choice but to give them $1,500/year for my 2 lines and DSL. Even if I could get service through another phone company, I'd just get screwed by another phone company. They all suck.

What can do you do?
Sue, sue, sue!

That's my poem for the day, and of course you need a valid legal claim before you can sue.

Does anyone know of some sites that illustrate how to steal phone service?

I'm getting to the point where I feel like getting back at them. I'm tired of their attitude, and it sure would be satisfying to at least be able to reimburse myself for my trouble. But calls are so cheap, it's not even worth the effort. Although I know some people with all the time in the world and no phone.

I feel like getting a long wirecutter and spending a day cutting phone lines. I'm so fed up! Of course I'd feel sorry for the people who wouldn't have phone service, somebody could die because they can't call 911.

Isn't there SOMETHING I can do without hurting others?

Under the FCBA, I have federal billing rights and I am not billed until I RECEIVED the bill. Are phone companies exempt?

Why is it MY fault that the post-office screwed up????

c: Citizens@czn.com (Citizens Communications owns Frontiernet, and that's the e-mail for their corporate office.)

Lost some more bayhouse e-mail and moved

If you sent any e-mail to bayhouse.com over the weekend and I haven't replied yet, please resend. The e-mail problems motivated me to finally move most other sites, and it looks like everything is working now. It's all so simple if you know how.

Hopefully I can get back to "real" work tomorrow.

More than 60% of U.S. corporations didn't pay any federal taxes for 1996 through 2000

GAO: Most Corporations Don't Pay Federal Taxes

"To make it even more sickening, most corporations that actually do owe taxes pay a rate less than 5%. So when you add the corporations that pay no taxes with those that pay tiny taxes, 94% of US-controlled companies and 89% of foreign-controlled companies paid zero to 4% in taxes."

The blog for The Memory Hole

At the Memory Hole site you'll find very cool and rare stuff such as http://www.thememoryhole.org/911/bush-911.htm">Bush sitting around doing nothing for 5 minutes after he was told that the second plane hit the towers on 9/11. I didn't even watch the vid, just check out the page with the frames - very cool.

While the 9/11 footage and transcripts are most popular, there are tons of rare documents at the site.

FCRA bankruptcy class action - UPDATE!

I finally got an update from Bill Mullen, maybe in response to my comment at http://www.creditsuit.org/blog/archives/000205.html: "Mr. Smith never responded, and that's rather disturbing. They got paid and now they're done, don't want to work anymore?"

Well, they're NOT done yet.

They also did NOT get paid yet. And that turned into quite an issue. Apparently a class member filed a motion to ENFORCE the court order requiring the class counsel to update the web site with the court filings.

http://www.fcraclassaction.com/fcra/courtDocs.html

There are a lot of interesting filings, but I really don't have time right now to read a lot other than the filings in my own suit.

Johnson, Smith, Hibbard and Wildman certainly have sunk a LOT of time and resources into this case for 5 years now, and I can see why they want to get paid. Especially since they've been fighting all 3 CRAs, that's a daunting task!

I wonder if they regret having filed this class action, I guess the amount of attorneys fees will be a deciding factor.

This really is an extremely important settlement, according to http://www.fcraclassaction.com/howMany.html:

"In late July 2003, over four million (4,065,289) individual notices were mailed to potential class members."

Most important, credit scoring has been addressed, I had a very quick look at Evan Hendrick's affidavit, great stuff. The CRAs of course wanted to report the bk with a notation that it belongs to someone else, which I don't think would do a thing for scores. Scores don't READ explanations.

The need for uniformity in credit reporting standards is discussed, another key issue. After several years of INTENSE study I still don't know how reported data relates between the CRAs. That's because it often doesn't. It makes NO sense at all.

There is a lot of work to be done. And when even $5 MILL jury verdicts do absolutely NOTHING to improve the quality of reports, clearly ONLY class actions will change the CRA procedures.

Anyway, below is the current status as provided by Mr. Mullen:

Thank you for your recent inquiry regarding the class action lawsuits against Equifax, Experian and Trans Union.

Judge Currie approved the settlements (as modified) at the conclusion of the January 12, 2004 fairness hearing.

The benefits of the settlements are as follows:

• Each of the credit bureaus will remove any reference to bankruptcy from credit reports of class members. Experian and Trans Union did this effective July 31, 2003. Equifax has until May 31, 2004 to comply. In the meantime, Equifax can refer to bankruptcy as long as it makes clear it was the bankruptcy of another person.

• Class members receive a free credit report from each credit bureau if they requested it by January 31, 2004 using the form in the mailed notice.

• If a Defendant violates the settlement – that is, issues a credit report with the bankruptcy notation on it – with respect to a class member, that class member has certain remedies he or she can pursue without having to prove the Defendant broke any law. These remedies are set forth in paragraph 20 of the Second Modified Stipulations of Settlement. (These and other documents are available at www.fcraclassaction.com.) The remedies do not apply to anything that occurred prior to July 31, 2003.

Neither the settlements as approved nor the previously proposed settlements provided for any cash payments to class members for anything that occurred prior to July 31, 2003.

Keep in mind that the settlements are NOT final yet. The process is by no means over. Certain objectors who opposed approval of the settlements could still appeal the court’s decision.

Any of the Defendants could choose not to provide the free credit reports until the settlements are final.

From FBI Director to MBNA Exec?

9/11 Panel Plans Hard Questions for the F.B.I. and Justice Dept

"Panel members said the most probing questions were likely to be directed at Mr. Ashcroft, who was sworn in as attorney general seven months before the attacks, and at Mr. Freeh, who ran the F.B.I. from 1993 until he retired in June 2001. He is now an executive with the MBNA Corporation, a large financial-services company."

What do you do as FBI Director that qualifies you to become an exec at MBNA?

Debt cancellation programs - do they work?

I'm inundated with debt cancellation spam and it's NOT a way to improve your credit rating. This approach is similar to the claims that you don't have to pay income tax. A major promoter of that theory was recently arrested in Las Vegas.

DEBT-CANCELLATION PROGRAMS
An analysis by G. Edward Griffin, Revised December 18, 2003

This is a real interesting read! There's a letter from the OCC:

"If a fraudulent document such as those described above is presented to your financial institution, do not return it. Instead, retain the document and file a Suspicious Activity Report. Deliver the instrument and a copy of the SAR to the local office of the Federal Bureau of Investigation."

Why am I shocked to see how they investigate consumer "fraud" while refusing to do anything about bank fraud and perjury?

This concept of debt cancellation is really fascinating and Edward Griffin does an excellent job analyzing the various aspects, including ethics and morality.

And in case you don't want to read it all, here's my take on it: Don't do it unless you have legal skills AND money and some serious luck.

HOWEVER, if you're being sued, try it as defense.

Discharging the debts through bankruptcy is definitely cheaper, faster, safer AND gets you better credit.

I also read about the Fabians at that site. Not an easy read, but interesting.

Bank One PERJURY and really strange happenings

Randy updated his blog today. Judge Schwab dismissed ALL claims, the failure to investigate and correct the reporting as well as the many inquiries without a permissible purpose.

Since he already ordered the MAJOR credit reporting violations to arbitration, the remaining claims are NOT complicated.

Several VERY disturbing issues:

1) Randy had pointed out in his objection that Bank One committed PERJURY and he attached the proof, Bank One's OWN documentation! Judge Schwab IGNORED Randy's claim and documentation and he ruled in favor of Bank One.

2) Judge Schwab did not even MENTION the inquiries. He simply dismissed all claims and closed the case.

This is truly astounding, how can that be????????

3) It occurred to me that this is SO important to Bank One because most likely there will NEVER be another consumer who can LITIGATE this issue. Bank One continues to insist that they can legally report an account as charge-off and NOT mention the bankruptcy. If they get Randy dismissed, that's it!!!! Most consumers will be forced into arbitration.

4) If Bank One prevails, they stand to make TONS of money off repayments of discharged accounts because consumers will have no choice but to PAY the discharged debts if they want decent credit scores, housing, etc.

On the bright side:

My Bank One news release has now been accessed 28,435 times and 1,002 media outlets received it. MANY reprinted the entire press release or link to it.

Given this overwhelming response, I'm going to send out another press release about the Bank One VP Sharon Adams perjury.

I'm really fed up with these lying bastards.

Pacific Bell did it to me, Wells Fargo did it to Lynette, and now Bank One got Randy's case dismissed ONLY due to perjury. Perjury means nothing to the corporate scum.

There have been a lot of filings this week and I don't want to post ahead of Randy. I can say one thing though: Randy's case morphed from an every day credit reporting suit to one hell of a documentary about what's wrong with the legal system and of course with Bank One.

I can't wait to see what Judge Schwab does next. He usually issues orders literally a day or two after filings.

Bank One news release: 9,514 times accessed and 387 media pickups

That's really impressive for $41!

I've been talking about press releases for a year, but just been so busy and it does take some reading and learning how to do this.

You can actually submit those releases at no cost at http://prweb.com/, but as you increase your voluntary contributions, you get added features such as stats, the ability to attach files and inclusion at eMediaWire.com for additional distribution:

http://emediawire.com/releases/2004/3/emw113432.htm

Press Release: Randy v. Bank One

Consumer sues Bank One/First USA for Deliberate Violations of the Fair Credit Reporting Act

PRweb.com has a real nice program and it is very affordable. I paid $41 and as of right now it has been viewed 4,324 times and it was picked up 181 times by media outlets.

PR Web: "This number estimates the number of times your press release was picked up by a media outlet. This does not tell you how many times your story appears in the media. It simply represents an enhanced interest in your story by a media outlet."

Well good. They're looking, and while the media has been refusing to cover credit scoring (too complicated), maybe this is simple enough to get some coverage.

I also added the scans of the reporting to the release, am hoping that will help readers understand the issue.

It's not just about Randy, it's about the fact that Bank One INSISTS that their reporting of discharged balances is ACCURATE.

Obviously, the purpose of a Ch. 7 is to ELIMINATE the debt, and therefore any reported balance is false.

From the news release:

"Is Bank One retaliating against consumers who discharged their debts? Or are they part of the organized effort by the credit bureaus, Fair Isaac and Capital One Bank to artificially lower the credit scores of a large percentage of Americans through incomplete and incorrect credit reporting?"

THAT is the billion dollar question.

The Law Offices of H. Michael Torrey - debt elimination

He e-mail spams and promises debt elimination w/o bk in 90 days. He charges $1,200 for "online support" and offers a $200 referral fee.

I'm sure it's another scam, he sure comes off as a moron in his SPAM, would like to hear from readers who tried that.

He is located in Belmont Shore, CA.

Please also see http://www.lawguru.com/cgi/bbs/attyPages/mikelaw.html and http://www.geocities.com/ice_mikey_mike/mikelaw.html

Very scary!!!

Riverview Auto Sales subscribes to the NCLC

Another postal service misdelivery. Some car dealers make an effort to comply when repo'ing and even subscribe to the Debt Collection and Repossession NCLC Reports.

A federal grand jury indicted five debt collectors on 37 counts of fraud

5 indicted in student loan fraud

Federal authorities say Robert Hazlett, 43, president of Valley Acceptance Corp., conspired with four employees to submit false applications for student loans in 1999 and 2000.

The loans generated $1 million in commissions for the employees, who allegedly reported the loans were in good standing so that the bogus applicants could qualify for even more loans.

..."

Court of Appeals docket Johnson v. Experian Info Sol, et al

The court of appeals docket:

General Docket
US Court of Appeals for the Fourth Circuit
Court of Appeals Docket #: 03-1235 Filed: 2/27/03
Nsuit: 3320 P.I.: Assualt, Libel & Slander
Johnson v. Experian Info Sol, et al
Appeal from: Eastern District of Virginia at Richmond

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Lower court information:

District: 0422-3 : CA-02-523
Presiding Judge: Richard L. Williams, Senior District Judge
Court Reporter: Gilbert F. Halasz, Official Court Reporter
Court Reporter: Maria Hewitt, coord
Date Filed: 7/25/02
Date order/judgment: 1/22/03
Date NOA filed: 2/20/03
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Fee status: Paid

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Prior cases:
None
Current cases:
Lead Member Start End
Consolidated:
02- 2326 02- 2327 4/18/03
Related:
03- 1235 03- 1029 2/27/03
02- 2326 03- 1235 2/27/03

Docket as of March 5, 2004 0:25 am Page 1

--------------------------------------------------------------------------------

03-1235 Johnson v. Experian Info Sol, et al

LINDA JOHNSON Leonard Anthony Bennett
Plaintiff - Appellee FAX 757-930-3662
757-930-3660
Suite 201
[COR NTC RET]
LEONARD A. BENNETT, PC
12515 Warwick Boulevard
Newport News, VA 23608

Richard John Rubin
FAX 505-983-2050
505-983-4418
[COR NTC RET]
1300 Canyon Road
Santa Fe, NM 87501

v.

MBNA AMERICA BANK, NA Earle Duncan Getchell, Jr.
Defendant - Appellant FAX 804-698-2061
804-775-4319
[COR NTC RET]
William Harrison Baxter, II
FAX 804-698-2260
804-775-4323
[COR NTC RET]
MCGUIREWOODS, LLP
1 James Center
901 East Cary Street
Richmond, VA 23219-4030

EXPERIAN INFORMATION SOLUTIONS,
INCORPORATED
Defendant

EQUIFAX CREDIT INFORMATION
SERVICES, INCORPORATED
Defendant

TRANS UNION LLC
Defendant

-------------------------

Docket as of March 5, 2004 0:25 am Page 2

--------------------------------------------------------------------------------

03-1235 Johnson v. Experian Info Sol, et al

2/27/03 Civil case docketed. (mst)

2/27/03 Docketing notice issued. [03-1235] (mst)

3/5/03 Amended notice of appeal filed in the District Court on
2/26/03. [03-1235] (mst)

3/6/03 Docketing statement filed by Appellant MBNA America Bank
[3748779-1]. T/S needed [Y/N]: y; T/S already on file?: y.
[03-1235] (mst)

3/6/03 Counsel of record form filed by Earle Duncan Getchell for
Appellant MBNA America Bank. (mst)

3/6/03 Counsel of record form filed by William Harrison Baxter for
Appellant MBNA America Bank. (mst)

3/7/03 Briefing order filed. [03-1235] Appellant(s) brief/joint
appendix due 4/16/03 for MBNA America Bank. (mst)

3/13/03 Positive disclosure statement filed by Appellant MBNA
America Bank. [03-1235] (mst)

3/17/03 Certification of ROA complete and retained in the District
Court. [03-1235] (mst)

3/18/03 Disciplinary proceedings notice issued to Appellee Linda
Johnson for cor & discl dflt. [03-1235] Document due by
4/2/03. (mst)

3/28/03 Counsel of record form filed by Leonard Anthony Bennett for
Appellee Linda Johnson. (mst)

3/28/03 Negative disclosure statement filed by Appellee Linda
Johnson [03-1235] (mst)

4/16/03 Brief and joint appendix filed by Appellant MBNA America
Bank. Copies of brief: 9; # brf pages: 66.
Sufficient[Y/N]?: y. SEALED vol.[Y/N]?: n. Copies of apx: 7
(vol. 1), 6 (vol. 2); # apx pages: 1019. 2-sided
copying[Y/N]?: y. Method of filing w/ court: cd. Date of
Service on parties: 4/16/03. Type of service on parties:
pm. Appellee brief due 5/19/03 for Linda Johnson. [03-1235]
(mst)

5/9/03 ORDER FILED [3785127] to extend time to file appellee(s)
brief until 5/30/03 [3785127-1]. Appellee(s) brief now due
5/30/03 for Linda Johnson. [03-1235] (mst)

5/28/03 Counsel of record form filed by Richard John Rubin for
Appellee Linda Johnson. (mst)

Docket as of March 5, 2004 0:25 am Page 3

--------------------------------------------------------------------------------

03-1235 Johnson v. Experian Info Sol, et al

5/29/03 ORDER FILED [3796509] to extend time to file appellee(s)
brief until 6/16/03 [3796509-1]. Appellee(s) brief now due
6/16/03 for Linda Johnson. [03-1235] (dhb)

5/30/03 ORDER FILED [3796669] to extend time to file appellee(s)
brief until 6/30/03 [3796669-1]. Appellee(s) brief now due
6/30/03 for Linda Johnson. [03-1235] (dhb)

6/13/03 ORDER FILED [3805783] to extend time to file appellee(s)
brief until 7/14/03 [3805783-1]. Appellee(s) brief now due
7/14/03 for Linda Johnson. [03-1235] ~ [3805783] (mst)

7/9/03 Motion filed by Appellee Linda Johnson to extend time to
file appellee(s) brief until 7/25/03 [3819915-1].
[03-1235] ~ [3819915] (mst)

7/9/03 ORDER FILED [3819916] granting motion to extend time to
file e's br [3819915-1] Appellee(s) brief now due 7/25/03
for Linda Johnson. [03-1235] ~ [3819916] (mst)

7/25/03 Brief filed by Appellee Linda Johnson. Copies of brief: 8;
# brf pages: 84. Sufficient[Y/N]?: n. Need R36(c) motion
for inclusion of unpub opn from other circuit.
SEALED?[Y/N]: n. Method of filing w/ court: pm. Date of
Service on parties: 7/25/03. Type of service on parties:
pm. [03-1235] ~ [3829667] (mst)

7/29/03 Notice non-compliant brief filed by Appellee Linda Johnson.
Rule: 36(c) - format. [03-1235] ~ [3829669] Sufficient
brief due on 8/8/03 for Linda Johnson. (mst)

8/5/03 Motion filed by Appellee Linda Johnson to allow attachment
to brief as a supplement. Attachment tendered (Y/N): y
[3833507-1]. [03-1235] ~ [3833507] (mst)

8/5/03 ORDER FILED [3833868] granting motion to allow attachment
to brief [3833507-1] [03-1235] ~ [3833868] (mst)

8/5/03 Brief made sufficient by Appellee Linda Johnson. Number of
brf pages: 82. [03-1235] ~ [3833874] (mst)

8/11/03 Reply brief filed by Appellant MBNA America Bank. Copies
of brief: 8; # brf pages: 39. Sufficient[Y/N]?: y.
SEALED[Y/N]?: n. Method of filing w/ court: pm Date of
Service on parties: 8/11/03 Type of service on parties: pm
[03-1235] ~ [3837489] (mst)

Docket as of March 5, 2004 0:25 am Page 4

--------------------------------------------------------------------------------

03-1235 Johnson v. Experian Info Sol, et al

9/19/03 Case tentatively calendared for oral argument
12/2/03-12/5/03 Place: Richmond, Virginia NOTIFY OF CONFLICT
BY: September 29, 2003. [99-2643, 03-1207, 99-7713, 99-4687,
01-4586, 01-4605, 01-4607, 03-4348, 03-4367, 02-1149,
02-1266, 02-1980, 02-2042, 02-2199, 02-2200, 03-1351,
03-1354, 02-2251, 02-2317, 02-2360, 02-2361, 02-2364,
02-2366, 02-2367, 02-2369, 02-2392, 02-2396, 02-2432,
02-2474, 02-4091, 02-4525, 02-4526, 02-4676, 02-4693,
02-4708, 02-4734, 02-4753, 02-4762, 02-4831, 02-4859,
02-4860, 02-4877, 02-4901, 02-4917, 02-4921, 02-4956,
02-4984, 02-7104, 03-14, 03-206, 03-1005, 03-1006, 03-1030,
03-1039, 03-1056, 03-1065, 03-1068, 03-1408, 03-1075,
03-1120, 03-1166, 03-1185, 03-1193, 93-1194, 03-1194,
03-1196, 03-1310, 03-1223, 03-1232, 03-1235, 03-1248,
03-1250, 03-1259, 03-1279, 03-1280, 03-1308, 03-1315,
03-1326, 03-1329, 03-1339, 03-1343, 03-1362, 03-1367,
03-1388, 03-1401, 03-1448, 03-1449, 03-1457, 03-1543,
03-1460, 03-1461, 03-1462, 03-1463, 03-1464, 03-1465,
03-1469, 03-1566, 03-1473, 03-1474, 03-1475, 03-1497,
03-1510, 03-1531, 03-1696, 03-1550, 03-1562, 03-1564,
03-1612, 03-1624, 03-1638, 03-1674, 03-4017, 03-4043,
03-4137, 03-4174, 03-4204, 03-4209, 03-4280, 03-4363,
03-4439, 03-6146, 03-6739] ~ [3856583] (psc)

10/14/03 Case calendared for oral argument. [03-1235] ~ [3869676]
(jc)

11/25/03 Supplemental authorities (FRAP 28(j)) filed by Appellee
Linda Johnson [3892877-1] [03-1235] (mst)

12/2/03 Supplemental authorities (FRAP 28(j)) filed by Appellant
MBNA America Bank [3895775-1] [03-1235] (mst)

12/4/03 Letter referencing record citations filed by Appellant MBNA
America Bank. [3896965-1] ~ [3896965] [03-1235] (mst)

12/4/03 Oral argument heard. Panel: Honorable William W. Wilkins,
Honorable William B. Traxler, Honorable Richard D. Bennett.
Courtroom Deputy: TDC. [03-1235] (jle)

12/22/03 Supplemental authorities (FRAP 28(j)) filed by Appellant
MBNA America Bank [3906193-1] [03-1235] (dhb)

12/31/03 Supplemental authorities (FRAP 28(j)) filed by Appellee
Linda Johnson [3909664-1] [03-1235] (aweb)

12/31/03 Supplemental authorities (FRAP 28(j)) filed by Appellant
MBNA America Bank [3910722-1] [03-1235] (dhb)

2/11/04 Published, authored opinion filed. Copies to all parties.
[03-1235] (mst)

2/11/04 Judgment order filed. Decision: AFFIRMED. EOD Date:
2/11/04. [03-1235] ~ [3931737] (mst)

Docket as of March 5, 2004 0:25 am Page 5

--------------------------------------------------------------------------------

03-1235 Johnson v. Experian Info Sol, et al

2/18/04 Brief released to Lantagne for copies. Briefs released:
A's, E's and Reply. [03-1235] (ad)

2/20/04 A's Brief, E's Brief and Reply Brief returned by Lantange.
[03-1235] (ce)

2/25/04 Bill of costs filed by Appellee, Linda Johnson. [3940390-1]
[03-1235] (mst)

2/26/04 Reply requested from Appellee Linda Johnson to bill of
costs claim for appendix [3940390-1]. Reply due 3/3/04 for
Linda Johnson. [3940896-1] [03-1235] ~ [3940896] (mst)

3/3/04 Reply filed by Appellee Linda Johnson to reply [3940896-1]
[3943852-1] [03-1235] ~ [3943852] (mst)

3/4/04 ORDER filed awarding costs in the amount of $364.75.
[03-1235] ~ [3944205] (mst)

3/4/04 Mandate issued. [03-1235] ~ [3944208] (mst)

Docket as of March 5, 2004 0:25 am

The docket for Johnson, et al v. Experian Information, et al

Since Thomas v. TU has so many interesting filings, I'm also going to order some of the documents from this landmark MBNA jury verdict and the affirmed appeal.

The district court docket:

U.S. District Court

Eastern District of Virginia (Richmond)

CIVIL DOCKET FOR CASE #: 02-CV-523

Johnson, et al v. Experian Information, et al

Filed: 07/25/02
Assigned to: Judge Richard L. Williams
Jury demand: Plaintiff
Demand: $0,000
Nature of Suit: 320
Lead Docket: None
Jurisdiction: Federal Question
Dkt # in member case : is 3:02-cv-00531
Dkt # in member case : is 3:02-cv-00527
Cause: 15:1681 Fair Credit Reporting Act

--------------------------------------------------------------------------------

LINDA J. SLATER Leonard Anthony Bennett
plaintiff [term 01/10/03]
[term 01/10/03] [COR LD NTC]
Leonard A. Bennett, P.C.
12515 Warwick Boulevard
Suite 201
Newport News, VA 23606
(757) 930-3660

LINDA JOHNSON Leonard Anthony Bennett
plaintiff (See above)
[COR LD NTC]

v.

EXPERIAN INFORMATION SOLUTIONS, Mark Lawrence Glassman
INC. [term 01/05/04]
defendant (202) 879-3455
[term 01/05/04] [COR LD NTC]
Virginia Conklin Theis
[term 01/05/04]
(202) 879-5445
[COR]
Jones Day
51 Louisiana Ave NW
Washington, DC 20001
(202) 879-3939

MBNA AMERICA BANK, N.A. Earle Duncan Getchell, Jr.
defendant [COR]
William Harrison Baxter, II
(804) 775-4323


[COR LD NTC]
McGuireWoods LLP
1 James Ctr
901 E Cary St
Richmond, VA 23219-4030
(804) 775-1000

EQUIFAX CREDIT INFORMATION Melvin Alfred Todd
SERVICES, INC. [term 11/14/02]
consolidated defendant (202) 508-5862
[term 11/14/02] [COR LD NTC]
Kilpatrick Stockton LLP
607 14th St NW
Suite 900
Washington, DC 20005-2018
(202) 508-5800

John Anthony Love
[term 11/14/02]
(404) 815-6224
[COR LD NTC]
Kilpatrick Stockton LLP
1100 Peachtree St
Suite 2800
Atlanta, GA 30309
**NA**
(404) 815-6500

Adam Jason August
[term 11/14/02]
Below Address Terminated on 11/15/02
[COR LD NTC]
Kilpatrick Stockton LLP
11130 Sunrise Valley Dr
Suite 300
Reston, VA 20191
(703) 648-8500

TRANS UNION, LLC Stanley Paul Wellman
consolidated defendant [term 01/10/03]
[term 01/10/03] [COR LD NTC]
Mark Gregory Carlton
[term 01/10/03]
[COR]
Harman Claytor Corrigan &
Wellman
4951 Lake Brook Dr
Suite 100
Glen Allen, VA 23059
(804) 747-5200

Mark E. Kogan


[term 01/10/03]
[COR NTC]
Satzberg, Trichon, Kogan &
Wertheimer PC
1818 Market St
30th Fl
Philadelphia, PA 19103
***N/A***
(215) 575-7600

--------------------------------------------------------------------------------

DOCKET PROCEEDINGS

--------------------------------------------------------------------------------

DATE # DOCKET ENTRY

7/25/02 1 COMPLAINT - Filing Fee $150.00, Receipt #64490; jury demand
(rpiz) [Entry date 07/26/02]

7/25/02 -- Jury Trial Flag (rpiz) [Entry date 07/26/02]

7/26/02 -- SUMMONS(ES) issued for Experian Information and MBNA
America Bank; planitiff's attorney telephoned for pick-up
(rpiz)

8/19/02 2 SUMMONS Returned Executed as to Experian Information 8/1/02
Answer due on 8/21/02 for Experian Information (rpiz)

8/20/02 3 ANSWER to Complaint by Experian Information (Attorneys Mark
Lawrence Glassman, Virginia Conklin Theis) (rpiz)
[Entry date 08/21/02]

8/20/02 4 Financial Interest Disclosure Statement (Local Rule 7.1) by
Experian Information (rpiz) [Entry date 08/21/02]

8/28/02 5 Certificate of Compliance of the Secretary of the
Commonwealth as to MBNA America Bank; Answer due 9/17/02 for
MBNA America Bank (rpiz) [Entry date 08/29/02]
[Edit date 09/16/02]

9/17/02 6 ANSWER to Complaint by MBNA America Bank (Attorney William
Harrison Baxter II, Earle Duncan Getchell Jr.), (mful)
[Entry date 09/18/02]

9/24/02 7 SCHEDULING ORDER setting Pretrial Conference for 9:40
10/10/02 ; ( signed by Judge Richard L. Williams )
Copies Mailed: yes (jpea)

10/10/02 -- Deadline updated; RESET Pretrial Conference for 9:40
10/10/02 before Judge Richard L. Williams (jpea)

10/10/02 8 PRETRIAL ORDER filed Jury Trial date 9:30 1/21/03 ( signed
by Judge Richard L. Williams ) Copies Mailed: yes (jpea)
[Entry date 10/11/02]

10/10/02 -- Pre-Trial Conference held (jpea) [Entry date 10/11/02]

10/11/02 9 ORDER that civil cases 3:02cv523, 3:02cv527, and 3:02cv531
shall be consolidated for all purposes including the trial
on 1/21/03; clerk is directed to consolidate these three
cases under 3:02cv523 and the parties are directed to file
all future pleadings under 3:02cv523 only ( signed by Judge
Richard L. Williams ) Copies Mailed: yes [EOD Date:
10/11/02] (mful)

10/11/02 10 ORDER that the parties and counsel are directed to contact
the chambers of Judge Lowe within 5 days of receipt of this
order to schedule a settlement conference; see order for
additional details ( signed by Judge Richard L. Williams )
Copies Mailed: yes and to Judge Lowe [EOD Date: 10/11/02]

(mful)

10/11/02 -- Consolidated Member Case. Lead Case Number: 3:02 cv523
(mful)

10/11/02 -- Consolidated Lead Case (mful)

11/13/02 11 AGREED MOTION by Equifax Credit, Linda J. Slater to
Dismiss (khan)

11/14/02 -- So Ordered: granting [11-1] motion by Equifax Credit, Linda
J. Slater to Dismiss;this dismissal will not effect Pltf's
claims against the other co-defendant ( signed by Judge
Richard L. Williams ) Copies Mailed: yes (cgar)

11/25/02 12 MOTION by Equifax Credit for Adam August to Withdraw as
Attorney (cgar) [Entry date 11/26/02]

12/10/02 -- So Ordered: granting [12-1] motion by Equifax Credit for
Adam August to Withdraw as Attorney ( signed by Judge
Richard L. Williams ) Copies Mailed: yes (scoo)

12/19/02 13 JOINT MOTION by Linda J. Slater, MBNA America Bank by MBNA
America Bank, Linda J. Slater to Dismiss Counts 1 and 3
(scoo) [Entry date 12/23/02]

12/24/02 14 MOTION by MBNA America Bank for Summary Judgment on Count
II of Pltf's Complaint (cmcc) [Entry date 12/26/02]

12/24/02 15 MEMORANDUM by MBNA America Bank in support of [14-1] motion
by MBNA America Bank for Summary Judgment on Count II of
Pltf's Complaint (Exhibits in brown expandable) (cmcc)
[Entry date 12/26/02] [Edit date 12/26/02]

12/30/02 16 ORDER granting [13-1] joint motion by MBNA America Bank,
Linda J. Slater to Dismiss Counts 1 and 3, Count 1 and
Count III are dismissed without prejudice, this case shall
proceed on Count II ( signed by Judge Richard L. Williams )
Copies Mailed: yes [EOD Date: 12/30/02] (scoo)

1/7/03 -- Motion hearing as to Linda J. Slater, Experian Information,
MBNA America Bank, Equifax Credit, Trans Union, LLC [14-1]
motion by MBNA America Bank for Summary Judgment on Count
II of Pltf's Complaint set at 3:30 1/16/03 before Judge
Richard L. Williams (jpea)

1/9/03 -- Plaintiff's Memo. In Response to MBNA America Bank's Motion
for Summary Judgment rec'd and placed on left pending Order
before Court. (Exhibits placed in brown expandable) (thom)
[Edit date 01/09/03]


1/10/03 17 ORDER that Pltf's response time to Deft's Motion for
Summary Judgment on Count II of Pltf's Complaint is hereby
enlarged, Pltf's Memorandum in Opposition to MBNA America
Bank NA's Motion for Summary Judgement on Count II of
Pltf's Complaint is deemed timely filed ( signed by Judge
Richard L. Williams ) Copies Mailed: yes [EOD Date:
1/10/03] (cmcc)

1/10/03 18 RESPONSE by Linda J. Slater to [14-1] motion by MBNA
America Bank for Summary Judgment on Count II of Pltf's
Complaint by MBNA America Bank (cmcc)

1/10/03 19 ORDER that Pltf's name, Linda J. Slater, be changed to
Linda Johnson within the style and pleadings of this case.
(signed by Judge Richard L. Williams ) Copies Mailed: yes
[EOD Date: 1/10/03] (cmcc)

1/10/03 20 ORDER, Stipulation of Dismissal by Pltf. and Deft. that
this cause be dismissed as to Deft. Trans Union, LLC (
signed by Judge Richard L. Williams ) Copies Mailed: yes
[EOD Date: 1/10/03] (cmcc)

1/14/03 21 Witness list by MBNA America Bank (cmcc)
[Entry date 01/15/03] [Edit date 01/15/03]

1/14/03 22 Exhibit list by MBNA America Bank (cmcc)
[Entry date 01/15/03] [Edit date 01/15/03]

1/14/03 -- Exhibits received by MBNA America Bank (1 black binder in 2
sets) (cmcc) [Entry date 01/15/03]

1/14/03 23 Exhibit list by Linda Johnson (cmcc) [Entry date 01/15/03]

1/14/03 24 Witness list by Linda Johnson (cmcc) [Entry date 01/15/03]

1/14/03 -- Exhibits received by Linda Johnson (1 black binder in 2
sets) (cmcc) [Entry date 01/15/03]

1/15/03 25 MEMORANDUM by MBNA America Bank in support of [14-1]
motion by MBNA America Bank for Summary Judgment on Count
II of Pltf's Complaint (cmcc)

1/15/03 25 REPLY by MBNA America Bank to response to [14-1] motion by
MBNA America Bank for Summary Judgment on Count II of
Pltf's Complaint (cmcc)

1/15/03 26 Amended Witness list by Linda Johnson (cmcc)

1/15/03 -- Deadline updated; RESET Jury Trial for 9:30 1/21/03
before Judge Richard L. Williams (jpea)

1/15/03 27 Proposed Jury instructions by MBNA America Bank, and
diskette (cmcc)


1/16/03 28 Rule 26(a)(3) OBJECTION by defendant MBNA America Bank to
[26-1] witness list list by Linda Johnson (cmcc)

1/16/03 29 OBJECTION by defendant MBNA America Bank to [0-0] exhibits
received by Linda Johnson (cmcc)

1/16/03 30 Document(s) filed by plaintiff Linda Johnson, Pltf's
Proposed Deposition Summaries, in lieu of the actual
depositions excerpts of Edward Hughes, Trisha Furr, Tonya
Grimes and Julie Eldreth, in brown expandable (cmcc)
[Edit date 01/16/03]

1/16/03 31 Proposed Jury instructions by Linda Johnson, and diskette.
(cmcc) [Edit date 01/16/03]

1/16/03 32 Minute entry: IN OPEN COURT: Williams, J., Gilbert Halasz,
OCR. Parties by counsel. Matter came on for hearing on
Deft's motion for summary judgment. Arguments had. For the
reasons stated from the bench, Deft's motion granted in
part and denied in part. Order to enter.(30 mins.) (jpea)

1/17/03 33 ORDER granting in part, denying in part [14-1] motion by
MBNA America Bank for Summary Judgment on Count II of
Pltf's Complaint, it is ORDERED that Deft's motion is
granted as to Pltf's claim under 15 USC Section 1681s-2(a)
and denied as to Pltf's claim under 15 USC Section
1681s-2(b) ( signed by Judge Richard L. Williams ) Copies
Mailed: yes [EOD Date: 1/17/03] (cmcc)

1/17/03 34 OBJECTION by defendant MBNA America Bank to [30-1] by
Linda Johnson, Proposed Trial Exhibits, Exhibit 13. (cmcc)

1/17/03 35 Proposed Supplemental Jury instructions by MBNA America
Bank (cmcc)

1/17/03 36 MOTION by MBNA America Bank in limine (cmcc)

1/17/03 37 MOTION by MBNA America Bank in limine (cmcc)

1/21/03 38 NOTICE of filing deposition transcripts of Linda Johnson,
Sandra Scanlon, Tonya Grimes, Edward Hughes, Julie Eldreth
and Trisha Furr by MBNA America Bank (transcripts in
brown expandable) (scoo)

1/21/03 39 OBJECTION by plaintiff Linda Johnson to [35-1]
instructions jury by MBNA America Bank (cmcc)

1/21/03 40 Response by Linda Johnson to Deft's Written Objections to
Pltf's Proposed Jury Instructions. (cmcc)

1/21/03 41 MOTION by MBNA America Bank to Strike Pltf's Errata Sheet
(scoo)


1/21/03 42 MEMORANDUM by MBNA America Bank in support of [41-1]
motion by MBNA America Bank to Strike Pltf's Errata Sheet
(scoo)

1/21/03 43 MOTION by MBNA America Bank for Voir Dire Questions (scoo)

1/21/03 44 OBJECTION by defendant MBNA America Bank to ptf's
deposition summaries [30-1] by Linda Johnson (scoo)

1/21/03 45 Second List of Supplemental Proposed Jury instructions by
MBNA America Bank (diske in white envelope on left side of
case file) (scoo)

1/21/03 46 OBJECTION by defendant MBNA America Bank to [31-1]
instructions jury (scoo)

1/21/03 47 Minute entry: JURY TRIAL PROCEEDINGS: Williams, J., Gilbert
Halasz, OCR. Pltf w/Atty Leonard A. Bennett; and, Deft
by/Atty E. Duncan Getchell, Jr. Jury. Matter came on for
Jury Trial proceedings. Jury sworn and examined on voir
dire. Jury empaneled; sworn to try issues. Witnesses
excluded on motion of Deft. Motions before trial heard and
resolved by the Court. Opening statements had. Pltf adduced
evidence. Rested. Motion after Pltf rested heard and denied
by the Court. Deft adduced evidence. Rested. Motion after
Deft rested heard and denied by the Court. Evidence
concluded. Proposed jury charge discussed with counsel in
the absence of the Jury. Arguments had. Jury charged by the
Court. Objections and/or exceptions to the charge noted by
Pltf and Deft. Jury retired to deliberate at 3:35 p.m.
Inquiries of the Jury received and answered by the Court.
Jury returned verdict in favor of Pltf at 5:20 p.m. in the
sum of $90,300.00. Jury Polled at Deft's request. Jury
discharged. Clerk to enter judgment on the Jury Verdict.
All exhibits returned to counsel.(4 hrs., 30 mins.) (jpea)
[Entry date 01/22/03]

1/21/03 -- Jury Trial held (jpea) [Entry date 01/22/03]

1/21/03 48 JURY VERDICT FORM in favor of Pltf Linda Johnson in the
sume of $90,300.00. (jpea) [Entry date 01/22/03]

1/21/03 49 JUDGMENT IN A CIVIL CASE in favor of Pltf Linda Johnson
against Deft MBNA America Bank in the sum of $90,300.00. (
signed by the Deputy Clerk per Judge Richard L. Williams )
Copies Mailed: yes [EOD DATE: 1/22/03] (jpea)
[Entry date 01/22/03]

1/22/03 -- Case closed (cmcc)

1/27/03 50 TRANSCRIPT for trial dates of 01/21/03; placed in brown
expandable. (cmcc) [Entry date 01/28/03]


1/31/03 51 Bill of costs in the amount of $1,998.73 by Attorney
Leonard A. Bennett for Linda Johnson (cmcc)
[Entry date 02/05/03] [Edit date 02/05/03]

1/31/03 52 MEMORANDUM of Law by Linda Johnson in support of [51-1] by
Linda Johnson; Supplemental Declaration of Leonard A.
Bennett received and attached 2/6/03. (cmcc)
[Entry date 02/05/03] [Edit date 02/07/03]

2/4/03 53 Renewed MOTION by MBNA America Bank for Judgment as a
Matter of Law (cmcc) [Entry date 02/05/03]

2/4/03 54 MEMORANDUM of Points and Authorities by MBNA America Bank
in support of [53-1] motion by MBNA America Bank for
Judgment as a Matter of Law (cmcc) [Entry date 02/05/03]

2/14/03 55 MOTION by MBNA America Bank to Defer Plaintiff's Motion
for Award of Costs, Expenses, and Reasonable Attorney's
Fees (cmcc) [Entry date 02/19/03]

2/14/03 56 MEMORANDUM by MBNA America Bank in support of [55-1]
motion by MBNA America Bank (cmcc) [Entry date 02/19/03]

2/14/03 57 OBJECTION by defendant MBNA America Bank to [51-1] Bill of
Costs by Linda Johnson (cmcc) [Entry date 02/19/03]

2/19/03 58 RESPONSE by Linda Johnson to [53-1] motion by MBNA America
Bank for Judgment as a Matter of Law by MBNA America Bank
(Exhibits in brown expandable.) (cmcc)
[Edit date 02/19/03]

2/20/03 59 Consent ORDER, it is hereby ORDERED that any award of
costs, expenses, or attorney's fees in this case shall be
deferred until after such time as MBNA's post-trial motion
and any further appeals that may be filed in this matter
are concluded; this Court retains jurisdiction to decide
these issues at that time ( signed by Judge Richard L.
Williams ) Copies Mailed: yes [EOD Date: 2/20/03] (cmcc)

2/20/03 60 NOTICE OF APPEAL OF [49-1] judgment order by MBNA America
Bank . FILING FEE $ 105.00 RECEIPT # 67202 Copies sent
to Linda J. Slater, Experian Information, MBNA America Bank,
Equifax Credit, Trans Union, LLC, Linda Johnson; TPO package
given out (cmcc) [Edit date 02/21/03]

2/21/03 -- Motion hearing as to Experian Information, MBNA America
Bank, Linda Johnson [55-1] motion by MBNA America Bank set
at 2:00 2/24/03, [53-1] motion by MBNA America Bank for
Judgment as a Matter of Law set at 2:00 2/24/03 before
Judge Richard L. Williams (jpea)

2/21/03 61 REPLY Brief by MBNA America Bank to response to [53-1]
motion by MBNA America Bank for Judgment as a Matter of Law
(cmcc) [Entry date 02/24/03]


2/24/03 62 Minute entry: IN OPEN COURT: Williams, J., Gilbert Halasz,
OCR. Parties by counsel. Matter came on for hearing on
Deft's post-trial motion for judgment as a matter of law.
Arguments had. For the reasons stated from the bench, Court
denied Deft's motion. Should an appeal be noted, a
supersedeas bond shall be posted in the amount of
$150,000.00. Order to enter.(30 mins.) (jpea)

2/25/03 63 ORDER denying [53-1] motion by MBNA America Bank for
Judgment as a Matter of Law, for reasons stated from the
Bench at a hearing on February 24, 2003 ( signed by Judge
Richard L. Williams ) Copies Mailed: yes [EOD Date:
2/25/03] (cmcc)

2/26/03 64 AMENDED NOTICE OF APPEAL OF [49-1] judgment order by MBNA
America Bank . Copies sent to Linda J. Slater, Experian
Information, MBNA America Bank, Equifax Credit, Trans Union,
LLC, Linda Johnson; TPO package mailed (cmcc)
[Entry date 02/27/03] [Edit date 02/27/03]

2/27/03 -- USCA Case Number Re: [60-1] appeal by defendant CASE
MANAGER: Merlene Smith-Taylor USCA NUMBER: 03-1235 (cmcc)
[Entry date 02/28/03]

2/28/03 65 TRANSCRIPT for dates of 02/24/03, post-trial motions,
before the Honorable Richard L. Williams, United States
District Judge (cmcc) [Entry date 03/03/03]

3/6/03 -- USCA Case Number Re: [64-1] amended appeal by defendant
CASE MANAGER: Merlene Smith-Taylor USCA NUMBER: 03-1235
(cmcc) [Entry date 03/10/03]

3/7/03 -- LETTER received from 4CCA requesting transmittal of
transcript in this matter (cmcc) [Entry date 03/10/03]

3/17/03 66 Certification of Completion sent to USCA re: [64-1] Appeal
by MBNA America Bank and [60-1] Appeal by MBNA America Bank
(walk)

3/18/03 -- Letter sent to all counsel that cost will be taxed on March
27, 2003. (jpea)

3/18/03 -- USCA Case Number Re: CASE MANAGER: Merlene Smith-Taylor
USCA NUMBER: 03-1235 (Transmittal of Certif.) (cmcc)
[Entry date 03/25/03]

3/21/03 -- Pursuant to Consent Order of 2/20/03, costs will not be
taxed at this time. (lmcd)

1/5/04 67 ORDER that the Complaint filed herein is DISMISSED WITH
PREJUDICE as to Experian Information Solutions ( signed by
Judge Richard L. Williams ) Copies Mailed: yes [EOD Date:
1/5/04] (cmcc) [Edit date 01/05/04]


2/11/04 68 Copy of Opinion of USCA re: [60-1] appeal by MBNA America
Bank, [64-1] amended appeal by MBNA America Bank Decided
February 11, 2004 AFFIRMED the District Court decision;
attached copy of judgment will not take effect until
issuance of the mandate. (cmcc) [Entry date 02/12/04]

2/11/04 69 JUDGMENT OF USCA (certified copy) with copy of opinion of
USCA AFFIRMED the judgment of the District Court re: [60-1]
appeal, [64-1] amended appeal (cmcc) [Entry date 02/12/04]

2/26/04 70 Stipulated ORDER that Plaintiff shall file and serve her
supplemental petition for attorneys' fees and costs within
28 days from issuance of the mandate from the United States
Court of Appeals ( signed by Judge Richard L. Williams )
Copies Mailed: yes [EOD Date: 2/26/04] (cmcc)

3/8/04 71 USCA Order as to plaintiff Linda J. Slater, the Court
awards $364.75 in costs. (cgar)

3/8/04 72 JUDGMENT OF USCA (certified copy) with copy of opinion of
USCA affirms the judgment of the District Court the
judgment of the District Court re: [64-1] appeal (cgar)

--------------------------------------------------------------------------------

Case Flags:
CLOSED
LEAD
3:02
cv523

--------------------------------------------------------------------------------
END OF DOCKET: 3:02cv523

Evil: John M. McIntyre, Reed Smith LLP

Mr. McIntyre is one of the attorneys representing Bank One/First USA in Randy's case.

John M. McIntyre

E: jmcintyre@reedsmith.com
T: 412-288-3822
F: 412-288-3063

Read his bio and you can guess why he chose to fight for evil.

Mr. McIntyre's first listed experience:

"Was lead trial attorney representing an indigent plaintiff in a civil rights matter before a jury in federal court. The jury returned a verdict in favor of our client that included an award of punitive damages and the damage award was upheld on appeal. Briscoe v. Sell, U.S. District Court for the Western District of Pennsylvania, Civil Action No. 99-367."

He went on to defend multinational corporations including creditors, collectors and CRAs.

Excerpt:

"Co-tried a three week breach of contract action in state court, representing a large manufacturing company. The plaintiff in the case sought more than $3 million in damages for what it alleged was a wrongful termination of a contract for logistics services. The court issued a defense verdict on the plaintiff’s claim and awarded our client $83,832 on its counterclaim. Gruelle v. Leybold Vacuum USA, Inc., Pennsylvania Court of Common Pleas of Allegheny County, Civil Division No. GD 02-8223.

Was the lead author of a brief to the U.S. Court of Appeals for the Fourth Circuit on behalf of our client, GMAC Residential Funding Corp., as well as seven other defendants-appellees in the case. The Fourth Circuit affirmed the trial court’s decision dismissing the plaintiffs’ claims that alleged that the defendants issued secondary mortgage loans with improper and excessive closing costs. Miller v. Pacific Shore Funding, 2004 Westlaw 144138.

Obtained a defense verdict in an arbitration action premised on allegations of commercial defamation. Stone et al. v. Experian Business Information Solutions, Inc., Court of Common Pleas of Philadelphia County, November Term 1998, No. 1901.

Currently serving as the senior associate on more than 20 class actions for one of the largest nationwide purchasers of second mortgage loans in a series of alleged class actions asserting “predatory lending” claims.

Obtained summary judgment in several Fair Credit Reporting Act cases in Nevada, Virginia, Delaware, and Pennsylvania for a leading credit reporting agency.

Successfully compelled arbitration of a putative class action alleging statutory violations against a purchaser of second mortgages. Walther v. Sovereign Bank, Circuit Court of Baltimore County, Case No. 03-C-02-014006."

Why the change from civil rights to defending corporate greed?

My guess - it's the money. Obviously he's a very skilled attorney and a very bright guy.

He made the conscious choice to defend evil.

I hope that "something" will happen to him to make him realize that the money he makes is irrelevant and that all that counts is how many people he hurt, how much pain he inflicted on the poorest and most defensless human beings, how many people died because he dedicated his life to evil.

He's a young guy, he has a choice and he can change.

The morons at XM radio

I posted a few days ago about their new policy to run the credit and compel binding arbitration and I had concluded that they must be having some problems - as promptly confirmed by a reader's comment.

Today I got this reply:

Dear Christine,

Thank you for contacting XM Satellite Radio, we apologize for the delay in our response.

Please email legal@xmradio.com in regards to our policies. They are better suited to respond to your concerns.

Should you require further assistance, please do not hesitate to call us toll free at 1-800-967-2346.

We appreciate your business and hope you'll continue to be a loyal and happy XM listener for many years to come.

Best Regards,
Audra Ekwulugo
Listener Care

-------------------------------

So, why didn't Audra forward my mail to the legal department?

Obviously, to wear me out, to make me go away. Don't they realize that by aggravating me they'll only get MORE bad publicity?

c: emailed to legal@xmradio.com

The one year anniversary

On 3/19/03 I filed my complaint in Phoenix.

Now I wonder why the anti war demonstrations are tomorrow, I definitely remember coming back from Phoenix that evening and then my Dad called and told me that the bombing had started. When I was writing my complaint I was just trying to get it done before the war started, and it certainly was distracting.

A year later, nothing got better. Not in Iraq, not in the US, and certainly not in the credit world.

The CRAs all decided to disclose even LESS information, soft inquiries completely disappeared from most consumer disclosures. The PEOPLE running the CRAs are evil greedy bastards. Of course the same is true for just about any major corporation, politician, well, most people.

It's been a rough year, quite enlightening, but in a very negative way.

I don't think I was particularly naive about the flaws in the "justice" system and the extent of corruption everywhere, but nothing's like experiencing the lies and deceit first hand.

Few organizations or people are sincere about CHANGING credit reporting and ending the exploitation of the poor and disadvantaged. I subscribe to the ACORN newsletter, and they simply refuse to take on the CRAs. ACORN is part of the system.

ACORN helps the slaves polish their chains instead of fighting slavery.

Their activities are not useful without first changing credit reporting and scoring. What is the point of a predatory lending settlement resulting in a few hundred dollar settlement while the CREDIT REPORTING of these accounts results in THOUSANDS of dollars in damages due to higher insurance and interest rates?

It's like spending tons of money on medical care for illnesses due to contaminated water and NOT providing clean water. People will always be sick. Without eliminating the cause of the problem, nothing will change.

It is ACORN's objective to pacify the disadvantaged and exploited, to keep them from going berserk, to make it look like everything's ok and all we have to do is stage a little protest and all is fine.

It ain't so. And the ACORN executives know that. They thrive in the current conditions, the disadvantaged and poor even send them donations! It's absurd.

While I didn't think much of the FTC and other regulators prior to my filing, it sure amazes me that there is NOTHING consumers can do to get them to enforce the FCRA.

Many "consumer advocate" attorneys are also part of this system. I've seen more people screwed by their own attorneys than I've seen helped. The poorer or sicker the consumer, the more likely it is that they'll see less than 10% of the settlement. The "working relationships" between corporate and consumer attorneys ensure the payment of legal fees to the attorneys and next to nothing for the consumers.

There are a few people who truly care, but not many.

I learned so much this last year, but what's the point?

c: Lisa Donner acorncampaign@acorn.org
Camellia Phillips acornnews@acorn.org

Notice of press release Civil Action No. 03-1729 Foster v. Bank One

Christine Baker
http://www.creditsuit.org/
http://forum.creditcourt.com/cgi-bin/discus/
http://www.bayhouse.com/
christine@bayhouse.com
Fax: 571-222-1000

Perry A. Napolitano
John M. McIntyre
Jayme Butcher
Reed Smith LLP
Tel: (412) 288-3131
Fax: (412) 288-3063

Re: Notice of press release Civil Action No. 03-1729 Foster v. Bank One

March 18, 2004

Dear Bank One Legal Team:

March 18, 2004

Dear Bank One Legal Team:

Prior to sending out my press release about the Bank One (First USA) credit reporting practices, I am providing you with the opportunity to clarify a couple of issues:

1) The numerous Bank One credit inquiries without a permissible purpose.

Bank One seems to claim that it has a permissible purpose, but I have not been able to determine what that would be from your filings. It is my understanding that a consumer has to apply for credit or employment, there has to be a business relationship such as an open account or an outstanding debt to legally obtain a consumer credit report.

Since Mr. Foster did not apply for anything with Bank One and he has no open account and he does not owe Bank One, what exactly is the permissible purpose?

2) Is Bank One exempt from the FCRA requirement to report only complete and accurate credit data to the CRAs?

As dedicated readers of Mr. Foster's blog, you have probably read my comment at http://www.firstusa-credit-suit.us/cgi-bin/movabletype/mt-comments.cgi?entry_id=68 and my Bankruptcy Affidavit at http://www.creditcourt.org/bk-affidavit.htm.

I have also documented some of the Bank One FCRA violations at http://forum.creditcourt.com/discus/messages/14/14.html, including several scans and I consider all documentation to be authentic. Please let me know if you disagree.

Based on your filings and the documentation submitted to me by Mr. Foster as well as many other former Bank One or First USA customers, I concluded that Bank One knowingly and routinely submits false and extremely damaging credit data to the CRAs. If there is a provision in the FCRA exempting Bank One from compliance with the FCRA requirement for complete and accurate credit reporting, please advise.

My tentative deadline is Monday evening. Would you like me to include specific contact info for your firm and/or Bank One?

Your reply is of course not required, but I strive for maximum accuracy in my publications.

Very truly yours,

Christine Baker

c: posted at http://www.creditsuit.org/blog/archives/000440.html

-----------------------------------

Faxed and confirmed receipt with Peggy.

Chase and CRAs sued for incorrectly listing consumer as dead

Businessman sues after firms mistakenly list him as deceased

"HOUSTON - A businessman whose Social Security number was confused with his deceased mother's says a bank's mistake has cost him more than $250,000."

David Jokinen says that J.P. Morgan Chase Bank told credit bureaus Equifax, Trans Union and Experian Information Solutions that he was deceased. Two of the financial data companies stopped assigning Jokinen a credit score because they had him listed as dead.

Jokinen, without a credit score, could not refinance the mortgage on his Sugar Land home or qualify for a 0.9 percent loan to buy a used luxury car.

..."

Why does Jokinen have a lawyer?

Because he is a wealthy business man.

It's highly unlikely the suit would have been filed if he was just a working stiff.

I also find it interesting that the CRAs apparently ARE able to stop the scoring of a report. When I asked the CRAs not to score my reports anymore, they didn't respond.

FINALLY! WV AG sues Cross Country Bank!

Attorney general sues Applied

"... McGraw is asking the court to order the companies to stop violating state law, to pay each customer who has been a victim of its practices from $200 to $3,700 each and to fine the companies and Abessinio $5,000 for each violation. ..."

Why does McGraw want to fine Cross Country Bank and Applied Card Systems $5,000 for each violation, but the victims get only $200 to $3,700 each?

I think they should pay for the cost of the investigation, and if the AG has to make a profit, add 10% or whatever they need to make.

CCB customers have been been subjected to harrassment and illegal collection practices for many years.

"McGraw sued Cross Country Bank, its subsidiary Applied Card Systems and Rocco A. Abessinio, who owns both companies."

Don't know why the AG can sue a CEO but I can't.

"Googel said the attorney general’s office has received at least 200 consumer complaints against Applied Card and Cross Country since November 1997."

Only 200? How many THOUSANDS of complaints has the FTC received about the CRAs?

"McGraw’s suit is actually a response to a lawsuit Cross Country had filed against his office earlier this month. Cross Country sought to block McGraw’s use of private lawyers and information from a former employee’s affidavit in his office’s investigation of the company."

CCB sued the AG?

What are things coming to? CCB has been on my list of banks NOT to do business with for many years.

Rocco should go to the Grey Bar Hotel.

Can I go from house to house and take $50 here and few hundred there, year after year?

I don't think so.

Why can corporations steal our money and ruin our lives and the CEOs don't go to prison?

"Cross Country Bank "promotes its credit cards as a way for credit-impaired consumers to establish their credit rating,’’ according to the lawsuit. "Many consumers find, however, that their credit rating is worse after obtaining a CCB credit card."

The same is true for Capital One. At least CCB reports the credit limits.

Evil thugs like James McAfee at the Federal Reserve Bank know it and couldn't care less.

XM Radio now requires credit check

Insanity at it's finest. There is NO way that you can run up any kind of a bill!

The monthly fee is $12 or so, and the damages due to their credit inquiries could be hundreds or thousands of dollars.

And of course they have a binding arbitration clause. Why do they need that? Why would anyone sue them?

I suppose they overcharge their customers and fail to process cancellations just like the cell phone criminals.

I'm considering cancelling before I have those problems.

c: listenercare@xmradio.com

10% of Households subjected to incorrect credit reporting after bankruptcy

One in 73 US households declared bankruptcy in '03

"WASHINGTON, March 12 (Reuters) - One out of every 73 U.S. households filed for bankruptcy last year, a record high, despite historically low interest rates, the American Bankruptcy Institute said on Friday.

The institute said Utah faced the highest per-household bankruptcy rate -- one out of every 47 -- followed closely by Tennessee, Georgia and Nevada. Alaska had the lowest rate last year, just one filing for every 189 households.

"Despite enjoying the sustained benefit of low interest rates, growing numbers of U.S. consumers are facing difficulty in meeting their monthly obligations," ABI Executive Director Samuel Gerdano said.

..."

Just about ALL filers are subjected to INCORRECT credit reporting. Few creditors bother to comply with the FCRA requirement to UPDATE their reporting after the discharge.

Unscrupulous creditors such as First USA/Bank One refuse to correct their reporting even when consumers dispute.

My estimate of 10% is probably low, as I averaged over 7 years, but often accounts are re-aged, resulting in discharged accounts staying on the credit reports even longer.

A typical example is the First USA reaged account The bankruptcy was filed in 1998, but First USA changed the Date of Last Activity for Equifax to 3/2003. Bank One (First USA) also deliberately reports delinquent balances for discharged accounts.

Not only will the derogatory account be reported until 2010, 12 years after the discharge, but it severely lowers the FICO credit scores because the account is rated as a NEW defaulted account.

Additionally, many people get divorced during/after bankruptcy and they are likely to remarry someone who has (not yet) filed for bankruptcy. Because rates are usually based on the lowest credit scores, one divorced/remarried couple often turns into 2 households negatively affected by the "after bankruptcy" incorrect credit reporting.

FNANB settles 2 post bk discharge inquiries for $2,000 + deletion

I just remembered to update this documentary because I was looking at Randy's Bank One ordeal. The $2,000 settlement.

Bank One still claims to have had a permissible purpose to run Randy's credit, but I sure can't figure out from their filings what it is.

Why don't they tell us what it is?

E-mail received in the last two hours

Here are some excerpts:

"I am about to go crazy and would love any advice you have for me.

I had a 1500 dollar fone bill for (deleted) which they quickly gave to (deleted) to collect. During June – December I paid them in three installments the total bill. I asked for and received a memo from them in late December saying the account was closed and that the matter was clear.

So, great, huh? Naahhh. One month later, I received a letter from them demanding $500. I called them, spent hours on the phone with them, until one of the representatives said he understood what happened, and was going to clear the account. So, great, huh? Naaah. Now I call them and suddenly my bill is $4000, they claim I have 4 accounts, etc. I am going out of my mind."

The next one:

"Hello :

I have a debt of 1,500+ with (deleted). Its a debt from '95
I had a letter of negotionation drawn up by my lawyer ( as a favor to me,
because she doent really handle credit cases) I have sent , and re sent
the letter to every address I could find on Providian...even to the
Credit commision..
yet I recieve absoulutely NO response.
I do not owe the amount they have totalled up...I only truly owe about
950...the rest is artributed to fees , late- finance- interest- whatever
they can tack on.
My inablitiy to pay was and still is due to finacial hardships, due to
severe health problems ( and the bills that goes with them ). I am on
disability but willing to try and pay a negotiated settlement on the
account.
Yet no one responds.I have been trying an entire year !
My lawyer gets no response, I get no response...what else can I do ???
I want to clean my credit report of this matter...but no one really waNTS
TO HELP. oTHER DEBT CONSULERS SAY THAT THEIR COMPANIES WON'T HELP ,
BECAUSE MY DEBT IS TO SMALL.
I am contacting Ms.Feathers in hopes of her advice as to what I should
do.....
I can't seem to get this cleared on my own, can she - will she help ?I
know that she also doesn't handle small debt negotiation...but any help,
a phone call to providian on my behalf , would open a door for me,
perhaps??
I will be grateful for anything !!!
Thank you !"

Well, there you got an idiot of a lawyer doing favors. Who would be so stupid and offer to pay a nine (9) year old debt???? In most states the SOL is long expired, and the first step is certainly a validation request to document the balance.

Next:

"Please let me know as soon as possible if you can help me or to bug off.

I live in the State of (deleted). I received a summons from (deleted) dated 1/20. I received the summons on 2/24 and of course it stated I only had 20 days from the date of filing to "Answer" the summons. I do not dispute the debt I owe to Chase but I do dispute how much they are trying to sue me for. My credit limit was 1,500.00 and they want 3,838.00. I tried to settle with them for 1900.00 on 2/25 but they would not accept. I then called back on 2/26 and stated that was able to come up with 2500.00 and they asked for more money (As Ms Jones stated, "you'll get the money, just watch God has a way of making things happen, it'll just fall in your lap" but to send the check. I was then to call back on 3/25/04 to make payment arrangements. Unfortunately the additional 600.00 fell through. I had a family emergency and had to leave town from 2/27 - 3/8. While I was outof town, I remembered that I had to send them a check so I called my roommate and asked him to mail it. I stated to the law firm on 2/26 that I lost my paperwork and the only way I was able to contact them was by hitting redial on my phone since they were the last number I dialed the previosu day from my office. Anyway, I already made a check payable for 1900.00 with "paid in full" in the memo line along with my SSN as well as wrote PIF on the endorsement line on the back of the check from the first time I thought I was going to be able to settle, I just never ripped it up. My roommate asked me where to send the payment and I stated I lost the paper work. He asked me what the debt was for and I told him Chase. He looked up the payment address online for Chase and that is where he sent it. To conclude, Chase cashed the payment on or around 3/6/04. The law offices of (deleted) contacted me today and I explained what happened. they said they will not consider it a payment and I should not have sent it there. ThPlease help if possible.ems ey will continue to enter a judgement against me. Anyway, I was told that as long as Chase cashed the check, they are obligated to accept it as settlement (this was from a friend of a friend, you know how that goes). The law firm asked me to call Chase and retrieve the funds back so I can forward to them. I do not know what to do next and feel like I am having a nervous breakdown. Please advise if you can help or maybe point me in the right direction. Any help is greatly appreciated.

Thank in Advance,"

I don't know what people are THINKING!!!

I'm not a lawyer and I'm BUSY!

What really gets me is that some people get upset when I send them http://www.bayhouse.com/donate.shtml and ask them to publish their problems. They don't even subscribe to CreditFactors, some seem to think it is my duty to dismiss my lawsuit and to cheerfully work for $1 or $2 an hour on their problems.

I don't think so!!!

It's not all people, but it sure can get irritating.

And frustrating, why can't people just search the web sites, do a little reading and find the answers themselves?

Why do so many people have ZERO "life" skills.

Most (not all) are totally unable to learn. I've worked literally hundreds of hours on specific cases, and my clients continue to have one problem after the other, they continue to make phone calls, don't put anything in writing, ...

It's like trying to teach lemmings not to commit suicide. It can't be done.

Quite depressing.

One person wrote back:

"You don't want clients? than what is your purpose in doing this?"

And that's even more depressing.

Amerix gets makeover

New names, same old fraud and deception.

I doubt they'll tell consumers that they can have a 726 FICO credit score only 2 years after filing for bankruptcy.

Yup, it's true, details are in my bankrupty affidavit.

If you qualify to discharge your debts, why would anyone in their right mind RUIN their credit for many many years with credit counseling?

Why would you LOWER your FICO scores and pay MORE for insurance and credit, pay deposits for cell phones and utilities if you don't have to?

CareOne Sets the New Standard of Excellence for Credit Counseling

March 10, 2004 — COLUMBIA, Md. — 3C Incorporated today announced enhanced standards for nonprofit credit counseling agencies to license use of the CareOne Credit Counseling(SM) mark. These new standards build on the tradition that CareOne-branded agencies have established of providing premier credit counseling services to American consumers.

"We are proud of the CareOne(SM) service mark and what it means to consumers. After evaluating the mark over the past 18 months, we are pleased to announce new standards that will enhance the quality of financial education and counseling received by the customers of credit counseling agencies that carry the CareOne(SM) service mark," said Bernie Dancel, CEO of Ascend One, the parent company of 3Ci. "It is important that consumers know that agencies offering CareOne(SM) Credit Counseling services will provide them with the very best in financial education and counseling to help them get their finances under control and better their personal finances in the future."

In September 2002, the CareOne Credit Counseling service mark established that each person who contacts a nonprofit credit counseling agency offering education and counseling under the CareOne(SM) service mark will be treated with honesty, understanding, respect, humility, humanity and caring.

The expanded CareOne standards mean that to license the CareOne(SM) service mark, credit counseling agencies must:
— Provide patient, personalized financial counseling and education to every client who seeks assistance, including an individualized assessment of the client's financial situation in order to identify and help implement the best alternative to address his or her needs;
— Devote at least 1,000 hours per year to community outreach activities
that address consumer credit and money management;
— Partner with an educational institution to advance educational
offerings and to promote general consumer financial awareness, education, and literacy;
— Serve all clients who seek assistance, regardless of ability to pay, creditors owed, amount owed, or enrollment in a debt management plan;
— Comply with the "best practices" standards of the Association of Independent Consumer Credit Counseling Agencies or the National Foundation for Credit Counseling.

With these strengthened standards, the CareOne(SM) service mark becomes an even stronger signal that CareOne(SM) agencies provide first-class educational, counseling, and debt management services to all consumers, tailored to each individual's financial needs.

About Ascend One Corp.

Ascend One Corporation is the parent company to a family of financial businesses that includes Amerix Corp., FreedomPoint Financial and 3Ci. Amerix Corp. provides back-office processing and technology for credit counseling agencies and is the largest third party service provider for the credit counseling industry. FreedomPoint Financial provides consumers with multiple solutions to complex money problems. 3C Incorporated owns the CareOne Credit Counseling service mark. CareOne Credit Counseling is the premier level of service in the credit counseling industry. Ascend One is based in Columbia, MD.

Source: Company Press Release

NCO moving call centers overseas

Collecting debt going overseas

"...

Because debt collection is extremely labor intensive, it's an industry that, like customer service, all but demands to be farmed out to the cheapest possible workforce.

The largest debt collector in the United States is a Pennsylvania company called NCO Group, which last month reported quarterly profit of $10.3 million, up from $6.8 million a year earlier.

NCO is in the final stages of acquiring RMH Teleservices, a major operator of call centers. The company thus expects to combine its already extensive debt-collection services with a small army of call-center workers in Canada, India, Barbados and the Philippines.

Paul Weitzel, NCO's executive vice president of corporate development, said overseas facilities account for about 5 percent of his company's debt- collection activities. Within five years, he said, at least a quarter of all of NCO's debt collection will be conducted from abroad.

Weitzel said this is because NCO's 50,000 clients -- he declined to name even one -- are demanding greater savings through lower costs, and because NCO can't find a sufficient number of U.S. workers "who will take the job for what we're willing to pay."

"As long as clients want to cut costs and we can't fill seats in the United States, you're going to see this trend continuing," he said.

This means that a growing number of overseas workers will have access to the names, addresses, Social Security numbers and, in some cases, complete credit histories of U.S. consumers. Weitzel, however, was quick to note that data can be compromised anywhere.

..."

Prisoners don't make good debt collectors while in prison since they don't get paid on commission. But I guess they can apply once they are released.

Telemarketing from prison: Inmates are paid between 12 cents and $5.69 an hour

Now, US Firms Outsource to Prisons!

"A report in The Guardian said that the prison inmates are model employees for the US call centre industry: they speak courteously on the phone, are never late or absent, and gladly work as low as $130 a month. Also, in an industry which is plagued by high employee turnover, the prisoners are like a boon as they work for at least three years.

Perry Johnson, a Southfield, Mich.-based consulting company, is one such company which chose to remain in the United States rather than join a host of telemarketing companies moving offshore.

Earlier, Perry Johnson had planned to move to India, says The Guardian. But the company chose instead to open a call centre inside the Snake River Correctional Institution, a sprawling razor wire and cinder block state penitentiary a few miles west of the Idaho line.

"The center's opening followed a yearlong effort by the Oregon Department of Corrections to recruit businesses that would otherwise move offshore, and echoes a national trend among state and federal prisons to recruit such companies," said the newspaper.

"This is a niche where the prison industry could really help the US economy," The Guardian quoted Robert Killgore as saying. Killgore is director of Inside Oregon Enterprises, the quasi-state agency that recruits for-profit business to prisons.

"I'm really excited about this. We keep the benefits here in the United States with companies where it's fruitless to compete on the outside," said Killgore, reported The Guardian.

Prison authorities have praised work programmes aimed at enhancing inmates' skills and self-respect and keeping them from falling back into criminal activity.

But some workers union have criticised the move as taking jobs away from the private sector. Critics say the idea of retaining American jobs in prisons is a violation of minimum wage laws and an affront to free workers.

Killgore, however, says that such protests are debatable as the jobs would have moved out of the country anyway.

The national prison labor trade groups support the idea. Ten states including Oregon employ inmates in for-profit call centers. Oregon and many others also make garments and furniture — industries that have largely moved offshore, other than in prisons. Inmates are paid between 12 cents and $5.69 an hour, according to Bureau of Prisons statistics, said The Guardian.

Long-term inmates, meanwhile, are quite happy doing the job and "not wearing a ball and chain."

Perry Johnson managed to open its call centre in the Oregon prison for half the price of relocating to India, and achieved many of the same benefits, according to Mike Reagan, director of Inside Oregon Enterprises at Snake River, said The Guardian.

At Snake River, to qualify for the call centre job, inmates must have three to five years remaining on their sentence. Outside, the typical turnover is nine months. Randomly screened Also, inmates make good telemarketers, The Guardian report said, quoting prison officials.

The prisoners work 40-hour weeks in rows of nondescript cubicles.

..."

So they learn in prison how to sell crap nobody needs, how to disturb and offend people with their idiotic calls. Nobody should get paid for that.

The prisoners get skilled at misleading and manipulating people!

I don't get why they don't have to pay at least minimum wage. A lot of prisoners owe their victims and the earnings should be applied towards restitution and of course towards the food/housing in prison.

This is really insane!

Humor: paying cash with a $1,000,000 bill

"MARCH 9--Meet Alice Regina Pike. The 35-year-old Georgia woman must think Wal-Mart cashiers are rather dumb, because she actually just tried to pass a $1 million bill at one of the retail chain's megastores."

It's actually not that funny, rather sad. After the initial laugh I'm wondering how many people think like her. If she had any brains, she would have said it was a joke. I hope she doesn't get jail time but some help instead.

Don't buy TurboTax!

I just wasted THREE hours with Intuit support. I'm trying to finally do my 2002 taxes.

After lots of runaround by the online chat support, they gave me a code to get phone support. Without that code it's $20 per call for technical support.

Of course they didn't solve the problem.

The problem:

When I went to install the CD I got this error:

"This Intuit Product is no longer available
Please call 1-800-333-2917 and we will assist you over the phone"

I called the number and was unable to get any assistance, it was automated hell.

I went to their site and did the "chat" support. The first guy told me to copy it to the drive and install from there.

Did that. Same error.

The 2nd guy finally gave me the code for the free tech support call.

Was told to reset the computer date by a year, and that got me to an Internet Library Error:

Security certificate date expired."

I asked the guy why they would do something like that and he made some snide remarks about most people doing their 2002 taxes in 2003. Very much the attitude of the IRS.

I asked for his supervisor, and got to speak to Dave Rich - Intuit Performance Coach.

He had this same attitude! The bottom line:

Because I purchased the product on Ebay, he won't send me a working CD. The software was a marketing gimmick called myturbotax.com and it was designed to work only in 2003.

He didn't think there was anything wrong with the fact that this is nowhere disclosed on the box.

He implied that the product I purchased was a bootleg. I asked whether he would like me to send him the scans of the box, but he didn't care.

They don't care when people pirate their products?

He told me I was welcome to assemble the documentation for them. Hah!

He didn't even want to research whether the product had been registered by someone else. I'm very sure that this is not a bootleg, it came in the box with the Product Key and all the rebates and quickstart. I read through it, there's no mention that the software expires.

Well, I'm very glad that I told my neighbors last year not to buy TurboTax due to the printing issue, which I was aware of. It was the first time they prepared their taxes on the computer and they own real estate and had a real property sale in 2002. They got TaxCut and were happy with it.

What was I thinking when I bought TurboTax again? Having used it since the 80's, I was just so used to it.

I certainly will NEVER buy TurboTax again.

I still don't know WHY they would make tax preparation software expire, it's way up on the list of STUPID things to do.

The only way to top this is to not send me a functioning CD.

Not disclosing the limited functionality on the box is just downright illegal. I never had this type of problem with any other software. Even if it was disclosed inside, which it's not, it would still have to be on the box because NOBODY accepts returns for opened software!

Why YOU should not buy TurboTax:

You get a virus or for some reason have to format your drive, you get a new hard drive or a new computer, you diligently saved your data files, you need to print a copy of your return, look something up or amend the return, and you will NOT be able to install the software you PURCHASED!

To the morons at Intuit:

I'll never buy Quicken or TurboTax again, from now on it's bootlegs.

c: e-mailed to public_relations@intuit.com

Greenspan recommending ARMs

This is really strange. Maybe he ought to consider retiring to enjoy his social security benefits.

Fed chief pushing ARMs

America is drowning in fraud

I got an e-mail claiming that my order for a $2,500 notebook was delayed, it couldn't be shipped for a month.

Thing is, the notebook I ordered in January has long been delivered and it was only $2,000. So what's that?

Another scam to get my banking info. There's a link to get info on the order, and it isn't the smartest thing to click on those links in the first place.

But, obviously, I'm concerned that someone else placed an order in my name OR that somehow I got the notice in error.

Anyway, they want you to enter your bank or debit card info to cancel the order if you don't want to wait a month for the notebook to be shipped.

As you can see below, the domain was just purchased on 2/27 for the sole purpose of getting people's banking info.

Domain Name: ROYALBILLING.BIZ
Domain ID: D6370729-BIZ
Sponsoring Registrar: CSL COMPUTER SERVICE (D.B.A. JOKER.COM)
Domain Status: ok
Registrant ID: CNEU-97343
Registrant Name: scott sherrier
Registrant Organization: personal
Registrant Address1: 87 park drive
Registrant City: kenilworth
Registrant State/Province: NJ
Registrant Postal Code: 07033
Registrant Country: United States
Registrant Country Code: US
Registrant Phone Number: +908.2721986
Registrant Email: firstjohnhan@yahoo.com
Administrative Contact ID: CNEU-97342
Administrative Contact Name: scott sherrier
Administrative Contact Organization: personal
Administrative Contact Address1: 87 park drive
Administrative Contact City: kenilworth
Administrative Contact State/Province: NJ
Administrative Contact Postal Code: 07033
Administrative Contact Country: United States
Administrative Contact Country Code: US
Administrative Contact Phone Number: +908.2721986
Administrative Contact Email: firstjohnhan@yahoo.com
Billing Contact ID: CNEU-97342
Billing Contact Name: scott sherrier
Billing Contact Organization: personal
Billing Contact Address1: 87 park drive
Billing Contact City: kenilworth
Billing Contact State/Province: NJ
Billing Contact Postal Code: 07033
Billing Contact Country: United States
Billing Contact Country Code: US
Billing Contact Phone Number: +908.2721986
Billing Contact Email: firstjohnhan@yahoo.com
Technical Contact ID: CNEU-97342
Technical Contact Name: scott sherrier
Technical Contact Organization: personal
Technical Contact Address1: 87 park drive
Technical Contact City: kenilworth
Technical Contact State/Province: NJ
Technical Contact Postal Code: 07033
Technical Contact Country: United States
Technical Contact Country Code: US
Technical Contact Phone Number: +908.2721986
Technical Contact Email: firstjohnhan@yahoo.com
Name Server: A.NS.JOKER.COM
Name Server: B.NS.JOKER.COM
Name Server: C.NS.JOKER.COM
Created by Registrar: CSL COMPUTER SERVICE (D.B.A. JOKER.COM)
Domain Registration Date: Fri Feb 27 18:47:33 GMT 2004
Domain Expiration Date: Sat Feb 26 23:59:59 GMT 2005

Russ Whitney and Rothstein, Rosenfeldt, Dolin & Pancier can take a hike!

They sent me a "Cease & Desist" because I link to John T. Reed's site.

What are they SMOKING??????

I haven't thought about Russ Whitney in a long time, although bayhouse.com is found a lot in searches for "Russ Whitney." Years ago at the old forum many readers asked about his credentials when I still had a real estate section.

Of course I know that now that I posted at this blog, it also will be found by many people looking for info about Russ Whitney. So:

Do NOT order Whitney's programs and sucker seminar and bird dog stuff.

Do NOT order anyone else's real estate sucker seminars either.

A few years ago I bought "As seen on TV!" Russ Whitney's "Building Wealth" and I thought I'd read it and review it since so many people asked about him. Well, I never did. If anyone wants the book, please paypal me $3 for shipping and I'll send it to you. It's something to read to motivate yourself if you want to get started in real estate, but don't rely on the book as God's word.

I've been hearing commercials for Robert Allen again too. I read that his "no money down" crap got him to file for bankruptcy.

I have NEVER verified anyone getting their money's worth at any one of the various "boot camps" and "seminars."

The testimonials are FALSE and/or PAID for.

I have quite a few years of real estate experience, was actively working as licensed Buyer Broker in California in the 90s and let me tell you something: Making money is hard! There's a lot to learn and the more money you have, the more likely you are to succeed. "Staying power" is key. I almost lost everything myself and had to wait 8 years to be able to make a profit on my last house in California. Markets go up and they go down. That's just how it is.

And don't confuse the guru sucker seminars for thousands of dollars with the seminars by and for professionals for a few hundred or less. Jim Little and Robert Bruss come to mind as EXCELLENT instructors - do a web search. Jim Napier's seminars on notes were good too, but he may have retired.

And don't forget your community colleges, some have outstanding programs. I was priveliged to be able to attend the Bob Bruss "Legal Aspects of Real Estate" twice in the late 80s at the College of San Mateo.

Russ Whitney must be a better sucker magnet than Robert Allen, because he's got lots of extra cash to hand over to Rothstein, Rosenfeldt, Dolin & Pancier for the most ridiculous waste of time mailings I've ever seen.

It's not that I don't get the occasional attorney requests for "deletions", which I of course ignore as it is my policy not to delete accurate data, but nobody has had the audacity to send me a Cease & Desist for a LINK!

The above link is the 2nd link I posted to John Reed today. But here's something you just HAVE to look at if you want to know what this is about:

John T. Reed’s main page about Russ Whitney

Clearly, Whitney has nothing on Reed or these LINKS to the many pages with negative info about Whitney wouldn't be there.

Apparently, everything Reed says about Whitney is TRUE and Whitney's lawyers now resorted to threatening site owners who link to Reed.

Another interesting link is http://www.johntreed.com/Whitneyfax.html

I'll send Reed a copy of this posting too, maybe it will be helpful in his case against Whitney. If I were him, I'd file a counterclaim. I'm sure that MANY site owners deleted the links to his site.

This is NOT an endorsement of John Reed, as I have not researched him. Well, maybe I did, years ago, but I can't recall. :)

c: johnreed@johntreed.com
srothstein@rrdplaw.com

Below are the scans of the "Cease & Desist" demand:

Is that crazy or what?????

They sent this certified mail & 1st class, they spent $4.79 per mailing just on postage (not to mention the research) to how many site owners? Thousands?

It's mail day

I finally sent out the Federal Reserve Bank/McAfee response, more on that later, and I got a whole bunch of mail from Cottonwood.

The US Attorney's Office in Phoenix didn't change my address as I had requested, but their response was meaningless anyway. They're talking jurisdiction, I'm talking issues.

Got a mailing from CPA Vincent for someone else, the usual misdelivery.

A gazillion catalogs, well, at least several pounds.

A certified and a 1st class letter from Rothstein, Rosenfeldt, Dolin & Pancier, P.A. It's a "cease & desist" -- apparently I link to www.johntreed.com somewhere, and they don't like that. I'll try to scan that later. Note that I'm posting ANOTHER link, because I link to whoever I want to. Some of these lawyers got to be dumber than rocks.

I got a TON of bills, and I could waste at least 10 hours reading all the fine print in new terms and crap. Already spent hours just opening and filing stuff, I guess I'll have to set some time aside for the insurance policy.

Did glance at a letter from Cap One about MONTHLY FEES. More on that later too.

Discover DECLINED my application due to my low TU credit score.

I got a credit card offer from First Premier, more on that later too.

A letter to "Sister Christine Baker" had me wondering whether I got on a religious marketing list, but it was a wedding invitation from friends. Unfortunately I can't go, it's in Maryland, no time .....

I recently bought a new notebook and since VISA doubles the manufacturers warranty, I registered it online. Now they wrote that I need to send in the invoice, manufacturer warranty and credit card slip. I don't know that I have all that, ordered online. More chores ...

Compass Bank keeps inviting me to apply for credit, but they already declined me.

Got the affiliate commission check from Equifax, but not CreditExpert. Wonder what happened.

I'm also on numerous legal lists, and the Consumer Financial Services Law Report wants me to subscribe. "Keeping up with the latest developments in consumer financial services litigation - and one step ahead of your collegues - has been difficult and time-consuming."

There's a LOT more to say on that. I'm quite frustrated with the lack of knowledge by attorneys. I'm miles ahead of most, it's amazing how little they know about the FCRA and credit scores. Can you believe that an expert on FCRA litigation wrote to me that a bankruptcy is the worst that can happen to your credit, and that any subsequent incorrect reporting doesn't result in damages?

Yup. That's how ignorant bigshot attorneys are.

The NACA newsletter features an article by Arnold R. Levinson: "The Supreme Court's Shameful Descent into Disrepute." I see a lot about ERISA, and a section on the Bush v. Gore decision. Have to set some time aside for that. "... What I now see is the greatest arrogance and disrespect for the law from our highest court. And, if they can do it, so can everyone else." Yup. The FTC, the FCC, the Federal Reserve Banks, the Federal Reserve Board, .... They all do what they want.

And I must have gotten 6 or 7 soliciations from various non profits. That's really annoying and a good reason to donate to NOBODY.

Just about now would be a good time to wake up!

"We all live in modern, neatly-kept split-level houses with manicured lawns, gardens, etc. Everything on the inside looks marvelous and well-kept as well. Then something always happens-I drop something, or sit down somewhere, etc. and I notice the bricks, floorboards, etc. and everything IS ROTTING AWAY FROM THE BOTTOM UP!

I am always surprised that no one else notices this and that everyone continues as if everything is just peachy! If I walk out into the yard, the sunset is a bizarre color and almost frightening yet everyone seems totally oblivious to this and they are all saying how nice it is and what a wonderful day it is! I usually notice some worms, spiders, or something really disgusting at which point I awaken!"

This is someone's recurring dream. It's how I feel while I'm awake.

Most people are totally oblivious to reality, trying to save for their retirement, watching their investments, they see nothing wrong.

Sometimes I think I'm in a nightmare, it's so surreal, I'd like to wake up.

Malvina Reynolds' "The Money Crop"

THE MONEY CROP

Well money has its own way,
And money has to grow,
It grows on human blood and bone
As any child would know.
It's iron stuff and paper stuff
With no life of its own,
And so it gets its growing sap
From human blood and bone.

Many a child goes hungering
Because the wage is low,
And men die on the battlefield
To make the money grow.
And those that take the money crop
Are avid without end,
They plant it in the tenements
To make it grow again.

The little that they leave for us
It cannot be a seed,
We spend it on the shoddy clothes
And every daily need,
We spend it in a minute,
In an hour it is gone,
To find its way to grow again
On human blood and bone,
Blood and bone.

Words and Music by Malvina Reynolds.
Copyright 1966, Schroder Music Co.

Tips for attorneys on e-mail

Often attorneys ask me to forward to them leads for people interested in participating in class actions. Unfortunately, I just don't have the time and money - time is money and it's hard enough for me to make ends meet and I can't volunteer for lawyers.

Since I just explained to someone about disposable e-mails, I thought I'd mention it right here since so many lawyers read the blog.

Any e-mail posted on the web will soon get lots of spam. When you have a domain, you can open unlimited e-mail accounts. It's a good idea to use a specific mail for public posting and once you get too much spam, you simply turn it off.

If someone is looking for plaintiffs for a class against a specific company, the e-mail address could be experian@lawfirm.com. Or you could have an address for all contacts with the public, such as info@lawfirm.com.

You can set up an auto responder to people who e-mail to that address with an update, specific instructions, new contact info or a note that you're no longer interested in pursuing the matter.

With most web hosts you can set up a new mailbox in a matter of a few minutes, well, once you know how. You can also set up a forwarder so the e-mail to that address goes to your regular mail or to another person in your company or check it separately.

While you can also use one of the free yahoo etc. mails, I would be reluctant to e-mail there, a law firm domain name seems a lot more reputable.

Hope that helps.

Dumb and dumber: Bank One/FUSA unauthorized credit checks

They keep running Randy's credit without a hint of a permissible purpose even AFTER Randy sued them for exactly that!

Can that stupidity be topped? It looks like it.

A new outfit called "Bill me later" (ack!) offers the option to be billed for online purchases.

Credit cards get some competition

"Marino retired as chief credit officer and chief marketing officer of the consumer lending division at First USA/Bank One after 25 years in the credit card industry. ..."

"I4Commerce confirms customers' identities by asking for their name, address, birthdate and the last four digits of their Social Security number and uses that information for its credit check. And officials say giving out a partial Social Security number leaves one less vulnerable to hackers."

Are they putting something in the FUSA/Bank One cafeteria food or drinks?

While it's going to be so "EASY" for shoppers to enter their bd and last 4 digits of the SSN, won't those shoppers be surprised when their insurance and interest rates go up from all the inquiries. Of course they do have a permissible purpose since it is a business transaction, but it won't be long until the word will get out and they certainly won't get much repeat business.

Why don't they just issue a CHARGE CARD? Duh!

Maybe they'll somehow set it up so that repeat inquiries are A/Rs, but that definitely requires having an account with them.

And I sure don't like the idea that anyone with my bd and last 4 digits of my SSN can start ordering in my name and I much rather have the protection of using a credit card.

New bankruptcy/debt blog

http://www.maxedoutgen.com/

I enjoy reading there, very different from the credit boards with people obsessed with getting out of subprime hell and how to get the next new car financed. Whished I had more time to read.

I'm also going to update here and include links to other blogs like http://www.maxedoutgen.com/ - please post if you know of any other credit & debt related blogs to link to.

More mail trouble - this time at CreditCourt.com

Fortunately someone let me know that the mail was returned with a "mail box full" message.

The mail box can't really be full since I download my mail, but apparently the inbox got corrupted and it was at 10 mb, the mails weren't removed from the server as they should be. That's a couple years of "real" mail, but I get so much spam ...

Anyway, it should work now.

Judge DENIED the First USA/Bank One motion for reconsideration!

That is just so cool! Of course that's Randy's case and he posted the order.

We need more judges who see through the corporate harassment of pro se plaintiffs and take the appropriate actions.

This is a great order, very encouraging.

Consumer affidavits for sale

I just read another complaint about the Capital One extremely poor customer service. Someone is trying to purchase copies of statements for a charged off account, and of course I know how AWFUL the Capital One business practices are.

So, I'm thinking that it really would be nice to get people to supply affidavits about their experiences with creditors, collectors and of course CRAs. It's kindof a hassle that you need original notarized signatures, and it's not cheap to get that done, it take me about 1.5 hours to get something notarized. When I was a notary in California, I charged $10/signature.

And then it has to be mailed too. So, while I don't think that people should make large amounts of money, one can't expect them to spend their time and money and not get reimbursed.

Is there something wrong with offering consumer affidavits for sale to other litigants, whether attorneys or pro ses?

It would be too cool to have a library with affidavits online, people can read the affidavit, and if it's useful to their case, they pay $20 or $30 to get an original.

Am I missing something? I sure would pay!

The plain English summary of the MBNA ruling

Court Backs Full Checks On Credit Complaints

"... Three judges on the 4th U.S. Circuit Court of Appeals in Richmond unanimously found that MBNA, the giant Delaware credit card issuer, failed to conduct a reasonable investigation of a consumer's records because it conducted only a cursory review of its files.

The case involved Linda Johnson, owner of a hair salon in Newport News, who was unable to get a favorable mortgage rate after she found that her husband's overdue credit card account at MBNA had marred her clean credit file.

The decision goes to the heart of a continuing controversy about the growing number of errors on credit reports -- and how earnestly lenders have to check their files to correct mistakes. For many years, creditors have only verified that the information on their records matched the data at the three national credit bureaus; typically, they do not check original documents to make sure the information was correct in the first place.

..."

Unfortunately, below the article are the advertisements for the INCOMPLETE credit reports sold at TrueCredit (TU) and Fair Isaac.

2/11/04: 4th Circuit Court of Appeals AFFIRMS Johnson v. MBNA

YES!!!!

This is so nice to see. Richard Rubin and Leonard Bennett did it again. Rubin was counsel in the landmark Nelson v. Chase and established furnisher liability.

Leonard Bennett's testimony before Congress is posted at CreditCourt.

Johnson v. MBNA is about MBNA incorrectly verifying an AU account in response to factual CRA disputes.

Here is the entire ruling:

Document Body Page Navigation Panel
Pages 1--10 from Untitled

Page 1 2
PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

ü LINDA JOHNSON, Plaintiff-Appellee,
v.
MBNA AMERICA BANK, NA, Defendant-Appellant,

No. 03-1235 ý and
EXPERIAN INFORMATION SOLUTIONS, INCORPORATED; EQUIFAX CREDIT

INFORMATION SERVICES, INCORPORATED; TRANS UNION LLC,
Defendants. þ

Appeal from the United States District Court
for the Eastern District of Virginia, at Richmond.
Richard L. Williams, Senior District Judge.
(CA-02-523)

Argued: December 4, 2003
Decided: February 11, 2004
Before WILKINS, Chief Judge, TRAXLER, Circuit Judge,
and Richard D. BENNETT, United States District Judge
for the District of Maryland, sitting by designation.

Affirmed by published opinion. Chief Judge Wilkins wrote the opin-ion,
in which Judge Traxler and Judge Bennett joined. 1
1 Page 2 3
COUNSEL
ARGUED: Earle Duncan Getchell, Jr., MCGUIRE WOODS, L. L. P., Richmond, Virginia, for Appellant. Richard John Rubin, Santa Fe,
New Mexico, for Appellee. ON BRIEF: William H. Baxter, II, James E. Brown, MCGUIRE WOODS, L. L. P., Richmond, Virginia, for
Appellant. Leonard A. Bennett, Newport News, Virginia, for Appel-lee.

OPINION
WILKINS, Chief Judge:
MBNA America Bank, N. A. (MBNA) appeals a judgment entered against it following a jury verdict in favor of Linda Johnson in her
action alleging that MBNA violated a provision of the Fair Credit Reporting Act (FCRA), see 15 U. S. C. A. § 1681s-2( b)( 1) (West 1998)
(amended Dec. 4, 2003), by failing to conduct a reasonable investiga-tion of Johnson's dispute concerning an MBNA account appearing on
her credit report. Finding no reversible error, we affirm.
I.
The account at issue, an MBNA MasterCard account, was opened in November 1987. The parties disagree regarding who applied for
this account and therefore who was legally obligated to pay amounts owed on it. It is undisputed that one of the applicants was Edward N.
Slater, whom Johnson married in March 1991. MBNA contends that Johnson was a co-applicant with Slater, and thus a co-obligor on the
account. Johnson claims, however, that she was merely an authorized user and not a co-applicant.

In December 2000, Slater filed for bankruptcy, and MBNA promptly removed his name from the account. That same month,
MBNA contacted Johnson and informed her that she was responsible for the approximately $17,000 balance on the account. After obtain-ing
copies of her credit report from the three major credit reporting agenciesÐ Experian, Equifax, and Trans UnionÐ Johnson disputed

2 JOHNSON v. MBNA AMERICA BANK 2
2 Page 3 4
the MBNA account with each of the credit reporting agencies. In response, each credit reporting agency sent to MBNA an automated
consumer dispute verification (ACDV). The ACDVs that Experian and Trans Union sent to MBNA specifically indicated that Johnson
was disputing that she was a co-obligor on the account. See J. A. 278 (Experian) (" CONSUMER STATES BELONGS TO HUSBAND
ONLY"); id. at 283 (Trans Union) (" WAS NEVER A SIGNER ON ACCOUNT. WAS AN AUTHORIZED USER"). The ACDV that
Equifax sent to MBNA stated that Johnson disputed the account bal-ance.

In response to each of these ACDVs, MBNA agents reviewed the account information contained in MBNA's computerized Customer
Information System (CIS) and, based on the results of that review, notified the credit reporting agencies that MBNA had verified that the
disputed information was correct. Based on MBNA's responses to the ACDVs, the credit reporting agencies continued reporting the MBNA
account on Johnson's credit report.
Johnson subsequently sued MBNA, claiming, inter alia, that it had violated the FCRA by failing to conduct a proper investigation of her
dispute. See 15 U. S. C. A. § 1681s-2( b)( 1). A jury trial was held, and, following the presentation of Johnson's case, MBNA moved for judg-ment
as a matter of law. That motion was denied. After the close of the evidence, the jury found that MBNA had negligently failed to
comply with the FCRA, and it awarded Johnson $90,300 in actual damages. MBNA renewed its motion for judgment as a matter of law,
asserting that § 1681s-2( b)( 1) only required MBNA to conduct a cur-sory review of its records to verify the disputed information. Alterna-tively,
MBNA argued that even if it were required to conduct a reasonable investigation of Johnson's dispute, the evidence showed
that MBNA had met that obligation. The district court again denied MBNA's motion, concluding that § 1681s-2( b)( 1) required MBNA to
conduct a reasonable investigation and that there was sufficient evi-dence from which the jury could conclude that MBNA had failed to
do so.
II.
MBNA first maintains that the district court erred in ruling that § 1681s-2( b)( 1) requires furnishers of credit information to conduct a

3 JOHNSON v. MBNA AMERICA BANK 3
3 Page 4 5
reasonable investigation of consumer disputes. Section 1681s-2( b)( 1) imposes certain duties on a creditor who has been notified by a credit
reporting agency that a consumer has disputed information furnished by that creditor:

After receiving notice pursuant to section 1681i( a)( 2) of this title of a dispute with regard to the completeness or
accuracy of any information provided by a person to a con-sumer reporting agency, the person shallÐ

(A) conduct an investigation with respect to the disputed information;
(B) review all relevant information provided by the consumer reporting agency . . . ;
(C) report the results of the investigation to the consumer reporting agency; and
(D) if the investigation finds that the informa-tion is incomplete or inaccurate, report those
results to all other consumer reporting agencies to which the person furnished the information and
that compile and maintain files on consumers on a nationwide basis. 1

1 While this appeal was pending, § 1681s-2( b)( 1) was amended to add
a new provision imposing certain additional duties on creditors in con-nection with investigations of consumer disputes. See Fair and Accurate

Credit Transactions Act of 2003, Pub. L. No. 108-159, sec. 314( b), § 623( b)( 1)( E), 117 Stat. 1952, 1995-96. That provision is not relevant
to our resolution of this appeal.
We recognize that the FCRA applies not only to those that furnish and report consumer credit information but also to those that furnish and

report certain other types of information regarding consumers. See 15 U. S. C. A. § 1681a( d)( 1) (West 1998 & Supp. 2003). Thus, consistent
with other provisions of the FCRA, § 1681s-2( b) uses the general terms "furnisher[ ] of information" and "consumer reporting agency." However,
because of the specific nature of this case, and for ease of reference, in this opinion we use the terms "creditor" and "credit reporting agency."
Nonetheless, our discussion of § 1681s-2( b)( 1) and other FCRA provi-sions applies equally to those who furnish other types of consumer infor-mation.

4 JOHNSON v. MBNA AMERICA BANK 4
4 Page 5 6
MBNA argues that the language of § 1681s-2( b)( 1)( A), requiring furnishers of credit information to "conduct an investigation" regard-ing
disputed information, imposes only a minimal duty on creditors to briefly review their records to determine whether the disputed
information is correct. Stated differently, MBNA contends that this provision does not contain any qualitative component that would
allow courts or juries to assess whether the creditor's investigation was reasonable. By contrast, Johnson asserts that § 1681s-2( b)( 1)( A)
requires creditors to conduct a reasonable investigation. 2 We review this question of statutory interpretation de novo. See Holland v.
Pardee Coal Co., 269 F. 3d 424, 430 (4th Cir. 2001).
In interpreting a statute, we must first "determine whether the lan-guage at issue has a plain and unambiguous meaning with regard to
the particular dispute in the case." Robinson v. Shell Oil Co., 519 U. S. 337, 340 (1997). "Our inquiry must cease if the statutory language is
unambiguous and the statutory scheme is coherent and consistent." Id. (internal quotation marks omitted). "The plainness or ambiguity of
statutory language is determined by reference to the language itself, the specific context in which that language is used, and the broader
context of the statute as a whole." Id. at 341.
The key term at issue here, "investigation," is defined as "[ a] detailed inquiry or systematic examination." Am. Heritage Dictionary
920 (4th ed. 2000); see Webster's Third New Int'l Dictionary 1189 (1981) (defining "investigation" as "a searching inquiry"). Thus, the
plain meaning of "investigation" clearly requires some degree of care-2
Neither this court nor any other circuit has addressed the extent to which a creditor must investigate a consumer dispute in order to avoid
liability under § 1681s-2( b)( 1). However, district courts that have consid-ered the issue have consistently recognized that the creditor's investiga-tion
must be a reasonable one. See Agosta v. Inovision, Inc., 2003 WL 22999213, at *5 (E. D. Pa. Dec. 16, 2003); Buxton v. Equifax Credit Info.
Servs., Inc., 2003 WL 22844245, at *2 (N. D. Ill. Dec. 1, 2003); Wade v. Equifax, 2003 WL 22089694, at *2-* 3 (N. D. Ill. Sept. 8, 2003); Betts v.
Equifax Credit Info. Servs., Inc., 245 F. Supp. 2d 1130, 1135 (W. D. Wash. 2003); Olwell v. Med. Info. Bureau, 2003 WL 79035, at *5 (D.
Minn. Jan. 7, 2003); Kronstedt v. Equifax, 2001 WL 34124783, at *16 (W. D. Wis. Jan. 25, 2001); Bruce v. First U. S. A. Bank, 103 F. Supp. 2d
1135, 1143 (E. D. Mo. 2000).

5 JOHNSON v. MBNA AMERICA BANK 5
5 Page 6 7
ful inquiry by creditors. Further, § 1681s-2( b)( 1)( A) uses the term "investigation" in the context of articulating a creditor's duties in the
consumer dispute process outlined by the FCRA. It would make little sense to conclude that, in creating a system intended to give consum-ers
a means to disputeÐ and, ultimately, correctÐ inaccurate informa-tion on their credit reports, Congress used the term "investigation" to
include superficial, unreasonable inquiries by creditors. Cf. Cahlin v. Gen. Motors Acceptance Corp., 936 F. 2d 1151, 1160 (11th Cir. 1991)
(interpreting analogous statute governing reinvestigations of con-sumer disputes by credit reporting agencies to require reasonable
investigations); Pinner v. Schmidt, 805 F. 2d 1258, 1262 (5th Cir. 1986) (same). We therefore hold that § 1681s-2( b)( 1) requires credi-tors,
after receiving notice of a consumer dispute from a credit report-ing agency, to conduct a reasonable investigation of their records to
determine whether the disputed information can be verified.
III.
MBNA next contends that even if § 1681s-2( b)( 1) requires credi-tors to conduct reasonable investigations of consumer disputes, no
evidence here supports a determination by the jury that MBNA's investigation of Johnson's dispute was unreasonable. We review the
denial of MBNA's motion for judgment as a matter of law de novo. See Baynard v. Malone, 268 F. 3d 228, 234 (4th Cir. 2001). We must
view the evidence in the light most favorable to Johnson, the nonmo-vant, and draw all reasonable inferences in her favor without weigh-ing
the evidence or assessing the witnesses' credibility. See id. at 234-35. "The question is whether a jury, viewing the evidence in the light
most favorable to [Johnson], could have properly reached the conclu-sion reached by this jury." Id. at 235 (internal quotation marks omit-ted).
We must reverse if a reasonable jury could only rule in favor of MBNA; if reasonable minds could differ, we must affirm. See id.

As explained above, MBNA was notified of the specific nature of Johnson's disputeÐ namely, her assertion that she was not a co-obligor
on the account. Yet MBNA's agents testified that their inves-tigation was primarily limited to (1) confirming that the name and
address listed on the ACDVs were the same as the name and address contained in the CIS, 3 and (2) noting that the CIS contained a code

3 Under MBNA's procedures, agents are only required to confirm two
out of four pieces of information contained in the CISÐ name, address,

6 JOHNSON v. MBNA AMERICA BANK 6
6 Page 7 8
indicating that Johnson was the sole responsible party on the account. The MBNA agents also testified that, in investigating consumer dis-putes
generally, they do not look beyond the information contained in the CIS and never consult underlying documents such as account
applications. Based on this evidence, a jury could reasonably con-clude that MBNA acted unreasonably in failing to verify the accuracy
of the information contained in the CIS.
MBNA argues that other information contained in the CIS compels the conclusion that its investigation was reasonable. For example, in
support of its alleged belief that Johnson was a co-applicant, MBNA presented evidence that Johnson's last name had been changed on the
account following her marriage to Slater and that Johnson's name was listed on the billing statements. But this evidence is equally consistent
with Johnson's contention that she was only an authorized user on Slater's account and that, to the extent MBNA's records listed her as
a co-obligor, those records were incorrect. MBNA also points to evi-dence indicating that, during her conversations with MBNA following
Slater's bankruptcy filing, Johnson attempted to set up a reduced pay-ment plan and changed the address on the account to her business
address. However, a jury could reasonably conclude that this evidence showed only that Johnson had tried to make payment arrangements
even though she had no legal obligation to do so. Indeed, Johnson tes-tified that, during her conversations with MBNA, she had consistently
maintained that she was not responsible for paying the account.
Additionally, MBNA argues that Johnson failed to establish that MBNA's allegedly inadequate investigation was the proximate cause
of her damages because there were no other records MBNA could have examined that would have changed the results of its investiga-tion.
In particular, MBNA relies on testimony that, pursuant to its five-year document retention policy, the original account application
was no longer in MBNA's possession. Even accepting this testimony, however, a jury could reasonably conclude that if the MBNA agents
had investigated the matter further and determined that MBNA no
social security number, and date of birthÐ in order to verify an account holder's identity. Johnson's social security number and date of birth were
not listed on the CIS summary screen.

7 JOHNSON v. MBNA AMERICA BANK 7
7 Page 8 9
longer had the application, they could have at least informed the credit reporting agencies that MBNA could not conclusively verify
that Johnson was a co-obligor. 4 See 15 U. S. C. A. § 1681i( a)( 5)( A) (West 1998) (providing that if disputed information "cannot be veri-fied,
the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of infor-mation,
as appropriate, based on the results of the reinvestigation") (amended Dec. 4, 2003).

IV.
MBNA next asserts that the district court improperly instructed the jury regarding the standards for determining liability. We review chal-lenges
to jury instructions for abuse of discretion. See S. Atl. Ltd. P'ship of Tenn. v. Riese, 284 F. 3d 518, 530 (4th Cir. 2002). "Instruc-tions
are adequate if construed as a whole, and in light of the whole record, they adequately inform the jury of the controlling legal princi-ples
without misleading or confusing the jury to the prejudice of the objecting party." Id. (internal quotation marks & alterations omitted).
Even if we conclude that the challenged instructions are erroneous, we will not reverse "unless the error seriously prejudiced the chal-lenging
party's case." Id.
A.
MBNA first argues that the district court erred in instructing the jury that, in determining whether MBNA's investigation was reason-able,
it should consider "the cost of verifying the accuracy of the information versus the possible harm of reporting inaccurate informa-tion."
J. A. 767-68. MBNA apparently contends that the balancing test described in this instruction is inapplicable here because it is derived
from cases involving the reasonableness of a credit reporting agen-cy's reinvestigation, see, e. g., Cushman v. Trans Union Corp., 115

4 Because we conclude there is sufficient evidence to support a jury
finding that MBNA failed to conduct a reasonable investigation of John-son's dispute, we do not consider Johnson's argument that the judgment

should be affirmed on the alternative ground that MBNA failed to "report the results of the investigation to the consumer reporting agenc[ ies]," 15
U. S. C. A. § 1681s-2( b)( 1)( C).

8 JOHNSON v. MBNA AMERICA BANK 8
8 Page 9 10
F. 3d 220, 225 (3d Cir. 1997); Henson v. CSC Credit Servs., 29 F. 3d 280, 287 (7th Cir. 1994). We recognize that creditors and credit
reporting agencies have different roles and duties in investigating consumer disputes under the FCRA. Nevertheless, we believe that the
general balancing test articulated by the district courtÐ weighing the cost of verifying disputed information against the possible harm to the
consumerÐ logically applies in determining whether the steps taken (and not taken) by a creditor in investigating a dispute constitute a
reasonable investigation. The district court therefore did not abuse its discretion in giving this instruction.

B.
MBNA also contends that, after instructing the jury that the FCRA "does not require that credit card account records, including original
applications, be kept in any particular form," J. A. 770, the district court erred in further instructing the jury that "the law does prohibit
MBNA from maintaining its record[ s] in such manner as to con-sciously avoid knowing that information it is reporting is
[in] accurate," id. MBNA claims that this instruction improperly per-mitted the jury to assess the adequacy of MBNA's record keeping
system. However, the other detailed instructions given by the district court made clear that Johnson's claim was based on MBNA's failure
to conduct a reasonable investigation of its records, not on the inade-quacy of those records. And, it appears that the brief instruction chal-lenged
by MBNA, which the district court gave near the end of its jury instructions, was simply intended to clarify the legal effect of
MBNA not maintaining the original account applicationÐ not to invite the jury to independently assess MBNA's record keeping prac-tices.

MBNA further claims that the challenged instruction improperly incorporated a legal standard from another provision of § 1681s-2,
relating to the accuracy of information that creditors provide to credit reporting agencies. See 15 U. S. C. A. § 1681s-2( a)( 1)( A) (West 1998)
(prohibiting creditors from furnishing consumer information to a credit reporting agency "if the [creditor] knows or consciously avoids
knowing that the information is inaccurate") (amended Dec. 4, 2003). MBNA emphasizes that this provision is enforceable only by govern-ment
agencies and officials, not by consumers. See 15 U. S. C. A.

9 JOHNSON v. MBNA AMERICA BANK 9
9 Page 10
§ 1681s-2( d) (West 1998) (amended Dec. 4, 2003). Again, however, the extensive instructions by the district court made clear that John-son's
claim was based on MBNA's duty to investigate consumer dis-putes, not its duty to provide accurate information. Indeed, the district
court instructed the jury that the damages recoverable by Johnson "may not include any damages that were caused by the inaccuracy of
the information itself." J. A. 768. We therefore conclude that the instruction given by the district court did not mislead the jury or oth-erwise
prejudice MBNA.
V.
For the reasons set forth above, we affirm the judgment of the dis-trict court.

AFFIRMED

10 JOHNSON v. MBNA AMERICA BANK 10

NONE of the bureaus report the soft inquiries anymore

I guess they figure if they all stop reporting them, nobody will know those inquiries exist.

Equifax FICO report, and the TU online and the CreditExpert WASTE OF MONEY reports.

Pentagon preparing for global climate collapse?

The Pentagon's Weather Nightmare

"... Global warming may be bad news for future generations, but let's face it, most of us spend as little time worrying about it as we did about al Qaeda before 9/11. Like the terrorists, though, the seemingly remote climate risk may hit home sooner and harder than we ever imagined. In fact, the prospect has become so real that the Pentagon's strategic planners are grappling with it."

Of course they've been working on weather modification for years (HAARP and other projects) but this is probably too big.

"... Scientists aren't sure what caused the warming that triggered such collapses in the remote past. (Clearly it wasn't humans and their factories.) But the data from Arctic ice and other sources suggest the atmospheric changes that preceded earlier collapses were dismayingly similar to today's global warming. As the Ice Age began drawing to a close about 13,000 years ago, for example, temperatures in Greenland rose to levels near those of recent decades. Then they abruptly plunged as the conveyor apparently shut down, ushering in the "Younger Dryas" period, a 1,300-year reversion to ice-age conditions. (A dryas is an Arctic flower that flourished in Europe at the time.)

Though Mother Nature caused past abrupt climate changes, the one that may be shaping up today probably has more to do with us. In 2001 an international panel of climate experts concluded that there is increasingly strong evidence that most of the global warming observed over the past 50 years is attributable to human activities—mainly the burning of fossil fuels such as oil and coal, which release heat-trapping carbon dioxide. Indicators of the warming include shrinking Arctic ice, melting alpine glaciers, and markedly earlier springs at northerly latitudes. A few years ago such changes seemed signs of possible trouble for our kids or grandkids. Today they seem portents of a cataclysm that may not conveniently wait until we're history. ..."

That puts my problems in perspective.

And it is so typical. It doesn't matter which problem you look at, the focus of the governments and corporation is only on profits NOW, without any regard to the future.

I wouldn't mind a fresh start for the planet, a reboot, wiping out all humans. But that's unlikely, wealthy people and probably the credit bureaus and banks would survive. And lots of new relocation and construction companies would have a booming business.

Lord of the Rings - reflections

In an unprecedented move, I rented the two Lord of the Rings DVDs. I very rarely watch a movie, really don't have time for fiction with so much reality going on.

It was fun to watch the movies and to not think about reality for a few hours. But I've been wondering about what I'm doing, or trying to do here for years and I can't help but think about the big picture and comparing it to those movies.

Evil is everywhere. In the banks, the CRAs, the government and politicians, the media, the insurance companies, the pharmaceuticals, the defense industry, all these multi-national corporations, ...

It really doesn't matter where I look, the corporations and governments are focused on getting peoples' money and data, increasing their power to control the population, to add to their already unlimited wealth.

I've been actively trying to help people fight corporate fraud since 1994, and we're losing our freedoms and rights so fast, it is incredible and totally overwhelming.

It seems like I accomplished less than nothing.

It's frustrating. Why do I bother? It really seems hopeless.

But as long as there's some hope, it's tough to let go and leave people to their misery. I don't really have a stake in all this. I want to go to Nicaragua. Why do I care?

Nicaragua will be no different from the U.S. as soon as there are enough assets to make it worthwhile for the CRAs and banksters to exploit the Nicaraguans as Shell and Dole have been doing on the plantations.

Just like in those movies, we have many independent countries on our planet. But all of the so-called civilized countries I have looked at are either ruled by evil people or these same evil corporations have significantly influenced the governments and one way or another, the people get screwed.

State and local laws are exterminated by federal courts in the U.S., EU nations have uniform privacy and credit laws and they are eroding fast. China is next. Iraq is the beginning of the Middle Eastern assimilation ...

The IMF prepared many Central and South American, African, Asian and other "developing" countries for the corporate raiders.

The goal everywhere is an uneducated work force, satisfied with a life revolving around sex, family, beer and TV. Activism, idealism and individualism are not desirable. The profits go to the elitists, the wealthy, the CEOs and upper management, and of course to the politicians.

I don't know much about Kerry and he might just become the Democratic candidate. I don't like that he doesn't care about insurance fraud and I'm concerned with his Skull and Bones membership. From http://indybay.org/news/2004/01/1668277.php

"John Kerry has absolutely nothing to say on that subject. Sorry,'' said Kerry spokeswoman Kelley Benander.

I have heard this story many times, why does Kerry have nothing to say? He's in the same club with the Bushies and he's supposed to be an "alternative"???

My Dad has claimed for many years that 7 men rule the planet. It does seem a little odd that there is so little energy dedicated towards making Earth a better planet for all. But it might well be that the corporate executives are simply doing whatever they can to exploit the masses and that it's just human nature.

The "anyone but Bush" talk is not good.

Maybe it's already too late. Maybe it's just not possible to get an honest politician as president.

I've come to admire Dennis Kucinich. He doesn't care what the polls and the media say. There've been times when I couldn't sleep and everything seemed like one big waste of time. And then I thought about Dennis and his campaign, and his message. He doesn't care if nobody thinks he can win, he has a message and he's getting it out. He's the only politician I know of who stood up to the banks. He told the media what he thinks, regardless of the consequences. Of course he can't win without the media, but I admire him for not selling out. And he gives me hope.

Watching those movies also illustrated nicely how so few people are willing to fight for their rights. I could write pages just on the excuses I've heard, but most often I read:

I can't afford it.
I'm afraid.
I don't have time.
I don't know how.
My problem got solved, for now.
I might get a promotion and I'll be fine, some day.
I might win the lottery or otherwise escape from my misery ...

It's too late, resistance is futile.

That will probably be my excuse when I quit.

It sucks that those few who are actually dedicating their lives to fighting evil get so little attention. I look at Judy Morris and her incredible fight and superb web site, why didn't anyone send me the link?

I look at how many people have read my sites, and how few have submitted evidence against the CRAs. The biggest disappointments are the owners and moderators of http://www.creditboards.com/phpBB2/ That site gave me hope, I thought it was about changing the ways of the CRAs, creditors and collectors. It turned out that they're WITH the CRAs and Fair Isaac. They promote the fear of the CRAs and secrecy.

Their goal is to utilize the awful credit reporting system for their and their readers' personal advantage. They couldn't care less about people who don't have the time/money/knowledge to file credit repair law suits.

It's all about moving up into the class of people who benefit from the exploitation of the disadvantaged.

Their motto is "We can't beat them, so we'll join them." And some actually think there's nothing wrong.

But then there's Randy and his published suit, and he makes up for many disappointments. He could have just taken the $3,000 First USA offered, or countered with a slightly higher offer, but he didn't. And he showed us all that there is still hope when the judge denied the First USA motion to compel arbitration and dismiss.

Randy isn't a lawyer, and he prevailed.

He cares enough to post it all. Just a few months ago he didn't know how to scan, now he runs a blog and a web site while writing motions and being sick for 2 months now.

So, all hope isn't lost yet. Still, I feel like we're the hobbits, rather clueless, just doing whatever we can. We can win some small battles, but we can't win the big fight.

I'm certain that we don't have much time left and if the corporations become any more powerful, resistance will be futile. This isn't a situation like with Hitler or Saddam. There is no country to step in and rescue us once we lost all powers. This is *it.* We are it.

It's about time some invincible people, wizards or elves with powers and magic come along.

Legal skills and cash wouldn't hurt either. Unfortunately, the two or three people with serious money and a sincere interest in the fight against evil have disappeared, I don't know what happened. And Ralph Nader was either bought or threatened into giving up or maybe he thinks it's too late. A penny for his thoughts ...

It sure is strange that I can't even think of 10 people seriously fighting corporate crime and exploitation. I know some litigants who really tried, they all gave up, gained nothing but illness and/or divorce. The stress is overbearing, I don't think many relationships can last more than a few months. Once you're talking years, litigation takes its toll.

There are many fake "consumer advocates" with web pages featuring deceptive ads to the CRAs and Fair Isaac. And the lawyers, well, that's another subject. I never received one penny from a lawyer or any credit related business.

I ran into many more traitors than true friends, from the attorneys to the consumers. It is depressing how much mail I get from fake consumer advocates, looking for an endorsement or my expertise free of charge. I know a "consumer advocate" credit expert who provides expert testimony. His "advocacy" comes with a $2,500 minimum retainer, payable in advance.

As much as I hate to have to do this, I'm also going to have to turn a lot more people away. It takes too much time to deal with people who just want to get their credit fixed. I am going to limit my time to working with people who are willing to contribute, and I'm not talking about money.

So where's our Aragon?

I'll try to keep on going as long as there's hope.

"Giant corporations. They rob, they kill, ...

... they wreck lives, they buy the law. They commit crimes with impunity and laugh as they crush their tiny victims. The only thing that can put them in their place is the truth. That’s what this database is all about.

We’ll start with the worst first. An insurance company that cheats the disabled, driving them to destitution, madness and even suicide, in order to line the pockets of its greedy CEO and criminal management crew:"

http://www.micethatroar.com/

It is inspiring to see Judy Morris' RICO suit against UNUM

"What This Page is About

My name is Dr. Judy Morris. I was an Emergency Room Physician disabled by an immunological condition known as Chronic Fatigue Syndrome. With my doctor's approval I submitted applications for disability benefits from UNUM Insurance Company of Portland, Maine, with whom I had purchased an individual policy and been provided a group policy through my employer.

UNUM set about denying my claims for disability benefits by having me followed by Private Investigators for over 2 1/2 weeks, including one night when someone tried to run me off the road. I subsequently saw the PI reports and they were falsified regarding that incident and some other incidents that occurred while PI's were following me.

..."

I am fully aware of the daily insurance fraud, it's amazing how many readers are fighting insurance companies and credit bureaus at the same time.

This is a fantastic resource, as many filings are posted and you should want to file a RICO suit, definitely read that site.

FNMA paying their execs too much?

Fannie Mae Warns Congress Not to Give Out Pay Info

"... Fannie, like other publicly traded companies, releases information on the compensation of its five highest-paid executives in Securities and Exchange Commission (News - Websites) filings once a year. The list being sought by the congressional subcommittee contains the top 20 executives.

The confrontation comes at a sensitive time for Fannie, a government-sponsored company charged with pumping money into the housing market. Congress is preparing to renew debate on legislation that would tighten regulation of Fannie and its smaller rival, Freddie Mac. Fannie is determined to avoid legislation that would constrain its growth. Any release of information suggesting that Fannie pampers its top executives could undercut the company's attempts to fend off unwanted restrictions. ..."

Yeah, those unwanted restriction. I've seen FNMA forclose on and evict a single mom and her girl. She had made every payment, I personally reviewed the original money order receipts.

NCO collector threatened kid?

NCO Lawsuit Following Trend of Suits Against Collection Agencies.

"... In the lawsuit, filed in December, Koch alleges that during an Aug. 25 call to his home, an NCO employee demanded money from his 12-year-old son and told the boy he "was coming to his school to get him." Koch claims that when he called the employee back he was told: "I'm coming to get the money and will do bodily harm to anyone who gets in my way."

Those exchanges are among the comments made by NCO employees to Koch and his family between March and September of last year, according to allegations in court documents. NCO Group has not yet filed a response to the complaint.

..."

I should post some excerpts of my own calls.

Gates is to receive an honorary knighthood / Human Rights code violations?

Microsoft in human rights row

"Gates's firm supplied technology used to trap Chinese dissidents, says Amnesty

... Amnesty believes Microsoft is in violation of a new United Nations Human Rights code for multinationals which says businesses should 'seek to ensure that the goods and services they provide will not be used to abuse human rights'.

China is the world's most aggressive censor of the internet. Websites are banned for using words such as 'Taiwan', 'Tibet', 'democracy', 'dissident' and 'human rights'. Amnesty has recorded dozens of cases of political opponents jailed for circulating material offensive to the Chinese government.

Microsoft told The Observer: 'We are focused on delivering the best technology to people throughout the world. However, how that technology is used is with the individual and ultimately not in the company's control.' ..."

Of course not, as long as they pay. Ever wonder how the credit bureaus assist foreign governments?

Ever consider that the CRAs are monopolies?

They treat us exactly like MicroSoft. We have no choice but to buy their products, from each one of them, to do their quality control, without pay.

They have no ethics, no morals, and no respect for any laws. They do what they want. I think they have standing agreements with the major consumer law firms not to file class actions.

I am stunned that the CRAs can get away with so many violations. Of course it's real expensive to sue CRAs, so the smaller firms or individuals can't finance a long legal battle.

In individual actions, the consumer gets a few deletions of derogs, maybe a few hundred bucks, the "consumer advocate" attorney makes 10 or 20K in legal fees.

It's a nice arrangement. For them.

You can just replace "Microsoft" with "CRA":

The 'teenage' hard nut at the centre of Microsoft

He outwitted IBM to retain control of the PC operating system, and dumped them when they ceased to be useful. He missed the significance of the internet, but turned the company on a sixpence to face the challenge once he had seen the light, determined to ensure that Microsoft would dominate it the way it had come to dominate the market for operating systems and office software. This led to the campaign to exterminate Netscape and the ill-fated anti-trust action that was decided in 2001, with Microsoft being found guilty of violating the law but escaping the penalty of break-up on appeal.

What was most interesting about the anti-trust trial was not the obduracy of Microsoft's defence (which is only to be expected from corporate lawyers) but the incredulity of Gates and his colleagues about the fact that they were being prosecuted at all. Gates's videotaped testimony made riveting viewing: he looked exactly like a rebellious teenager being interrogated by teachers for possession of cannabis. He made it abundantly clear that he regarded his interrogators as dunces and ceded no authority to them or to the legal process that brought them to his office. The government, he gave them to understand, had no business intervening in the process of industrial innovation.

And even after Microsoft was found guilty of violating the Taft-Sherman Act, he and his colleagues showed no remorse. Instead there was haggling about the implementation of the piffling penalties imposed by the court, shrill defiance and a return to the old ways of intimidating competitors and 'leveraging' the Windows monopoly. And, of course, there were no resignations.

..."

Here's what the CRA CEOs should get:

Trouble is that the U.S. is in on the scam and refuses to prosecute the CRAs and their executives.

"Descent was indicted on fifty-seven counts of conspiracy, mail fraud, and money laundering *fn1 for participating in a scheme in which telemarketers contacted elderly citizens and falsely claimed that they were entitled to proceeds from the Canadian lottery. The victims were informed that they could not collect the proceeds until various taxes or fees were paid, and they were instructed to send the payments either to Canada or to a company in Florida that was controlled by Descent. Descent transferred these funds between the accounts of several companies, as well as the accounts of his wife's business, and used the funds to pay personal and business expenses.

Following trial, a jury returned verdicts finding Descent guilty on all fifty-seven counts and finding that $1,688,845.41 was subject to forfeiture as property involved in or traceable to his money laundering offenses. Denying Descent's request to group the fraud and money laundering counts for sentencing purposes, the district court sentenced Descent to a total of 120 months' imprisonment, to be followed by a three-year term of supervised release. The district court also sentenced Descent to pay a $5,700 assessment, to pay $1,512,774.82 in restitution, and to forfeit property in the amount of $1,688,845.41."

The entire ruling:

United States v. Descent, 292 F.3d 703 (11th Cir. 05/28/2002)
[1]
U.S. Court of Appeals, Eleventh Circuit
[2]
No. 01-14735
[3]
292 F.3d 703, 2002.C11.0000164
[4]
May 28, 2002
[5]
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
SERGES JACQUES DESCENT, A.K.A. JACK DESCENT, DEFENDANT-APPELLANT.
[6]
Appeal from the United States District Court for the Middle District of Florida D. C. Docket No. 00-00186-CR-T-30
[7]
Before Carnes, Hull and Cox, Circuit Judges.
[8]
The opinion of the court was delivered by: Per Curiam
[9]
[PUBLISH]
[10]
Non-Argument Calendar
[11]
Serges Jacques Descent appeals his convictions and sentences for mail fraud, money laundering, and conspiracy. Finding no error in the district court's denial of Descent's motion for judgment of acquittal, and concluding that the district court was correct in not grouping the money laundering and fraud counts for purposes of sentencing, we affirm those decisions. Because the district court erred in modifying the jury instructions related to forfeiture, however, we vacate the forfeiture judgment and remand for entry of a new forfeiture judgment.
[12]
I. Background
[13]
Descent was indicted on fifty-seven counts of conspiracy, mail fraud, and money laundering *fn1 for participating in a scheme in which telemarketers contacted elderly citizens and falsely claimed that they were entitled to proceeds from the Canadian lottery. The victims were informed that they could not collect the proceeds until various taxes or fees were paid, and they were instructed to send the payments either to Canada or to a company in Florida that was controlled by Descent. Descent transferred these funds between the accounts of several companies, as well as the accounts of his wife's business, and used the funds to pay personal and business expenses.
[14]
Following trial, a jury returned verdicts finding Descent guilty on all fifty-seven counts and finding that $1,688,845.41 was subject to forfeiture as property involved in or traceable to his money laundering offenses. Denying Descent's request to group the fraud and money laundering counts for sentencing purposes, the district court sentenced Descent to a total of 120 months' imprisonment, to be followed by a three-year term of supervised release. The district court also sentenced Descent to pay a $5,700 assessment, to pay $1,512,774.82 in restitution, and to forfeit property in the amount of $1,688,845.41. Descent appeals.
[15]
II. Issues on Appeal
[16]
Descent raises three issues on appeal: (1) whether the district court erred by denying his motion for judgment of acquittal pursuant to Fed. R. Crim. P. 29; (2) whether the district court erred by modifying the jury instructions with regard to forfeiture after deliberations had commenced; and (3) whether the district court erred by not grouping the money laundering counts and the fraud counts for purposes of sentencing, pursuant to United States Sentencing Commission, Guidelines Manual, ("USSG") § 3D1.2.
[17]
III. Discussion
[18]
A. Motion for Judgment of Acquittal
[19]
Descent contends that the district court should have granted his motion for judgment of acquittal because the evidence was insufficient to prove that he had the requisite intent to commit the crimes with which he was charged. We review de novo the district court's denial of a motion for judgment of acquittal, applying the same standard used in reviewing the sufficiency of the evidence, meaning that we view the facts and draw all inferences in the light most favorable to the Government. See United States v. Hansen, 262 F.3d 1217, 1236 (11th Cir. 2001); United States v. Ward, 197 F.3d 1076, 1079 (11th Cir. 1999). To uphold the denial of a Rule 29 motion, "we need only determine that a reasonable fact-finder could conclude that the evidence established the defendant's guilt beyond a reasonable doubt." Hansen, 262 F.3d at 1236 (internal quotations and citation omitted). Having considered the briefs and the relevant portions of the record, we find no error in the district court's denial of Descent's motion for judgment of acquittal, and we affirm that denial without further discussion. See 11th Cir. R. 36-1.
[20]
B. Modification of Forfeiture Instructions
[21]
Descent also contends that the district court erred by modifying the jury instructions, after the jury had commenced deliberations, to permit a forfeiture judgment of up to $1,688,845, rather than the $1,288,140 that was permitted under the court's original instructions. Specifically, Descent argues that the modification violated Fed. R. Crim. P. 30 and constituted a constructive amendment to the indictment. We conclude that the district court did not constructively amend the indictment, but we agree that the district court violated Rule 30.
[22]
"A constructive amendment to the indictment occurs where the jury instructions so modify the elements of the offense charged that the defendant may have been convicted on a ground not alleged by the indictment." United States v. Poarch, 878 F.2d 1355, 1358 (11th Cir. 1989). A constructive amendment to the indictment is reversible error per se. See id. Descent asserts that, because the indictment sought forfeiture only of property involved in or traceable to the money laundering counts, pursuant to 18 U.S.C. § 982(a)(1), and because only $1,288,140 were involved in or traceable to those counts, the modified instructions impermissibly broadened the scope of the indictment and permitted the jury to find him guilty of an offense not charged therein. We disagree. "Decisions relating to forfeiture are matters of sentencing, and are thus separate from the determination of guilt." United States v. Hill, 177 F.3d 1251, 1253 (11th Cir. 1999). Therefore, a change in the jury instructions concerning forfeiture does not affect the determination of guilt or innocence and, accordingly, does not modify the elements of the offense charged. For these reasons, the district court's modified jury instructions did not constructively amend the indictment.
[23]
The modification, however, did violate Rule 30, which requires the district court to inform counsel of its proposed action upon requested jury instructions prior to closing arguments. See Fed. R. Crim. P. 30. This court requires substantial compliance with Rule 30, "and a defendant must show prejudice before his conviction will be reversed." United States v. Clark, 732 F.2d 1536, 1541 (11th Cir. 1984). Such prejudice occurs when the change in the instructions is substantial, when the instructions repudiate counsel's arguments, or when the instructions impair the effectiveness of those arguments. See id.; see also United States v. White, 27 F.3d 1531, 1538 (11th Cir. 1994).
[24]
In this case, the district court sustained Descent's pre-argument objection to the forfeiture amount alleged in the indictment and ruled that only $1,288,140 was subject to forfeiture. In accordance with this ruling, Descent's counsel addressed that amount in his closing argument, and the district court instructed the jury that the Government was seeking forfeiture in that amount. After the jury commenced deliberations, however, it submitted a question to the court asking if it could increase the amount of forfeiture to $1,688,845, representing the total loss to the victims of the fraud. After discussing the question with the parties, the court changed its previous ruling with regard to the amount of forfeiture and instructed the jury that it could find any amount up to $1,688,845.41. The jury returned a forfeiture verdict in that amount.
[25]
We agree with Descent, and the Government concedes, that the court's modification prevented Descent's counsel from addressing in his closing argument the entire amount found by the jury, and it thus impaired the effectiveness of that argument. We disagree with Descent, however, as to the proper remedy for the district court's error. Descent asserts that we should vacate the forfeiture judgment and remand the case to the district court for further proceedings on that issue. As the Government points out, however, Descent does not challenge the district court's initial ruling that $1,288,140 was subject to forfeiture, and the jury necessarily included that amount in its verdict. We therefore vacate the district court's forfeiture judgment and remand to the district court with instructions to enter a new judgment of forfeiture in the amount of $1,288,140.
[26]
C. Grouping of Money Laundering and Fraud Counts
[27]
Finally, Descent contends that the district court erred by not grouping the money laundering counts with the fraud counts for sentencing purposes under USSG § 3D1.2. Specifically, Descent argues that Amendment 634 to the sentencing guidelines, see USSG Supp. to App. C, amend. 634, at 229-36 (2001), applies to this case and requires grouping of his money laundering and fraud convictions. Reviewing de novo the district court's application of the sentencing guidelines, see, e.g., United States v. Rodriguez, 279 F.3d 947, 951 (11th Cir. 2002), we find no reversible error.
[28]
When reviewing the district court's application of the sentencing guidelines, we apply the version of the guidelines in effect on the date of the sentencing hearing. See United States v. Steele, 178 F.3d 1230, 1237 (11th Cir. 1999). Subsequent amendments that clarify the guidelines, however, should be considered on appeal regardless of the date of sentencing. See United States v. Gunby, 112 F.3d 1493, 1499 n.9 (11th Cir. 1994). "Clarifying amendments do not effect a substantive change, but provide persuasive evidence of how the Sentencing Commission originally envisioned application of the relevant guideline." Burke v. United States, 152 F.3d 1329, 1332 (11th Cir. 1998). Because Amendment 634 became effective on November 1, 2001, after the date of Descent's sentencing hearing, we must decide whether it clarifies USSG § 2S1.1 or substantively changes it.
[29]
Although this is an issue of first impression in our circuit, three of our sister circuits have concluded that Amendment 634 effects a substantive change to the guidelines. See United States v. King, 280 F.3d 886 (8th Cir. 2002); United States v. McIntosh, 280 F.3d 479 (5th Cir. 2002); United States v. Sabbeth, 277 F.3d 94 (2d Cir. 2002). We agree with the reasoning of these decisions.
[30]
Amendment 634, among other things, added the following application note to USSG § 2S1.1: "In a case in which the defendant is convicted of a count of laundering funds and a count for the underlying offense from which the laundered funds were derived, the counts shall be grouped pursuant to subsection (c) of § 3D1.2 (Groups of Closely-Related Counts)." USSG § 2S1.1, comment. (n.6) (2001); see also USSG Supp. to App. C, amend. 634, at 235-36 (2001). Arguing that Amendment 634 is a clarifying amendment, Descent focuses on the above-quoted Application Note 6 in support of his argument that his money laundering and fraud convictions should be grouped. By focusing on this application note alone, however, Descent misunderstands the significance of the amendment as a whole. Amendment 634 does not simply provide for grouping; rather, as explained by the Second Circuit, it "redefines the way in which the offense level associated with the crime of money-laundering is calculated, so that the offense level for money-laundering may now be dependent upon the offense level assigned to the underlying offense." Sabbeth, 277 F.3d at 97.
[31]
The prior version of USSG § 2S1.1 set the base offense level for money laundering at either 23 or 20, depending upon which subsection of 18 U.S.C. § 1956 provided the basis for conviction. See USSG § 2S1.1(a) (1998). The base offense level was not in any way dependent on the underlying offense from which the funds were derived. Additionally, the former guidelines contained a separate sentencing provision, setting the base offense level at 17, for engaging in monetary transactions in violation of 18 U.S.C. § 1957. See USSG § 2S1.2(a) (1998). The current version, however, deletes § 2S1.2 in its entirety and provides a single guideline for violations of both 18 U.S.C. § 1956 and 18 U.S.C. § 1957. Under this new guideline, the base offense level for money laundering is the offense level for the underlying offense, provided the defendant committed that offense and the offense level can be determined. See USSG § 2S1.1(a) (2001). Thus, under the current guidelines, the offense level for money laundering is related directly to the underlying offense, and Application Note 6 simply reflects that substantive change by providing for grouping under § 3D1.2(c). See USSG § 3D1.2(c) (2001) (providing for grouping "[w]hen one of the counts embodies conduct that is treated as a specific offense characteristic in, or other adjustment to, the guideline applicable to another of the counts").
[32]
Moreover, the commentary to Amendment 634 does not state that it is intended to be a clarifying amendment. Rather, the commentary explains that the amendment addresses concerns that the prior penalty structure, by failing to account for the underlying offense, did not adequately reflect the culpability of the defendant or the seriousness of the money laundering activity. See USSG Supp. to App. C, amend. 634, at 233-34 (2001). To alleviate those concerns, the amendment "is designed to promote proportionality by providing for increased penalties for defendants who launder funds derived from more serious underlying criminal conduct . . . ." Id. at 234. These statements reflect a substantive change in the punishment for money laundering offenses. See McIntosh, 280 F.3d at 485. Finally, we note that Amendment 634 is not included in the list of amendments to be applied retroactively, see USSG § 1B1.10(c) (2001), further indicating that it is not intended to be a clarifying amendment.
[33]
For the foregoing reasons, we conclude that Amendment 634 effects a substantive change in the guidelines, rather than simply clarifying them, and does not apply retroactively to this case. The district court properly applied the guidelines in effect at the time of Descent's sentencing.
[34]
IV. Conclusion
[35]
We affirm the district court's denial of Descent's motion for judgment of acquittal and its application of the sentencing guidelines. We vacate the district court's judgment of forfeiture, however, and remand with instructions to enter a new forfeiture judgment in the amount of $1,288,140.
[36]
AFFIRMED IN PART; VACATED AND REMANDED IN PART.

Opinion Footnotes

[37]
*fn1 Specifically, Descent was charged with: one count of conspiracy to commit mail and wire fraud in violation of 18 U.S.C. § 371 and 18 U.S.C. § 2326; twenty-six counts of mail fraud in violation of 18 U.S.C. § 1341, 18 U.S.C. § 2326, and 18 U.S.C. § 2; one count of conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h); twenty-four counts of money laundering in violation of 18 U.S.C. § 1957 and 18 U.S.C. § 2; and five counts of money laundering in violation of 18 U.S.C. § 1956(a)(1) and 18 U.S.C. § 2.
20020528

Limitations

If you sent mail to bayhouse.com recently ....

VPScenter.com was the host for my bayhouse.com mail since VentureOnline.com shut off my mail after a spammer used bayhouse.com as return address in early December. Last Saturday I got this mail:

"your VPS will be automatically stopped between 11:45PM and 12:00AM. (If you're currently in an SSH session right now, please save your work and logout!)

As stated in the last 'upgrade schedule' email, we expect all services to be back up and running at 1:30AM."

When the server wasn't back up by Sunday afternoon, I started looking into moving the BayHouse mail. I do have accounts with 3 other web hosts, and I finally started getting all my mail by Monday eve.

I'd forgotten that I didn't have the "catch all" for bayhouse.com enabled previously, and couldn't understand why I was getting SPAM practically as fast as I deleted it.

While I slept, I received almost 5,000 SPAMS! That's about 14,000 spams a day going to the BayHouse domain.

Greg Dolley from VPScenter.com sent me a rather mean mail, telling me that I should have expected the 2 days of down time and trying to scare me into not closing my account. Not a good move.

He also distributed the email addresses of his other 50 accounts with his e-mails, not very bright. I'm amazed at the low standards of web hosts. If I wanted to be in the web hosting business, I think I'd have 50 new accounts right there :)

Anyway, some of your mails bounced back, but on Sunday my own test messages weren't returned - if you didn't hear from me by now, I didn't get your mail and please resend it. Sorry about that!

Sometimes things seem really hopeless ...

I'm trying to decide which issues to address in my objection to the FCC and FTC motion to dismiss. It's not really about getting them not dismissed, as I know nothing about suing the government and it's not one of the things that particularily interest me.

I just want to put the FTC and FCC on notice, and list and explain why it is important that they enforce consumer protection laws. I want to establish that they KNOW the problems, fail to do anything for consumers, and that Congress needs to establish a Federal CONSUMER Commission because the Federal TRADE Commission represents only the interests of the banks, merchants and CRAs.

Then Richy posted about Capital One Fraud and I just wonder why I even waste my time.

There are many millions like him. Little education, not exactly bright, beyond help ....

Class Action: McDonough v Risk Management Alternatives, Inc.

McDonough v Risk Management Alternatives, Inc.

"..... According to the consumers, Risk Management has engaged in intentional and willful violations of both state law and the federal Fair Debt Collections Practices Act. Consumers allege that Risk Management has made false representations, used intimidation and has engaged in unauthorized activity in the pursuit of collecting debts from Massachusetts residents. Examples of this conduct include threatening legal action when none will be taken, demanding payments in an intimidating manner, presenting postdated checks for payment prior to the agreed upon date of negotiation, presenting unauthorized checks for payment, claiming a false sense of urgency in order to force consumers to pay quickly and without verification and generally employing unfair and deceptive practices in order to collect debts. The consumers allege that the use of any misleading or intimidating tactics in order to collect a debt violates both
state and federal law. ...."

I know from my own contacts with RMA that the allegations are true and there should be a national class action.

Bank of America/FleetBoston Federal Hearings Recognize Lack of Bank Lending

What New York Groups Need to Know About the Bank of America-Fleet Merger

Bank of America/FleetBoston Federal Hearings Recognize Lack of Bank Lending

January 15, 2004 — SAN FRANCISCO, CA - The Federal Reserve Bank, in an unprecedented move, will hold hearings in San Francisco on January 16, 2004, regarding Bank of America's application to merge with FleetBoston. While hearings on a merger application are rare, a hearing outside the impact area is unheard of: "This is the first Federal Reserve hearing since 1999 and the first in memory ever outside of the newly impacted area. Californians have spoken out because the new Bank of America has little connection to our diverse communities. This may be Californians last chance to be heard," said Alan Fisher, Executive Director of the California Reinvestment Committee (CRC).

Half of the letters received by the Federal Reserve protesting the proposed merger came from community organizations, public officials and concerned citizens of California. Those testifying at the San Francisco hearing in protest of the merger will be requesting that the Bank initiate specific changes in their lending and investment products. The hearings will begin at 8:30 a.m., this Friday, January 16th at the Federal Reserve at 101 Market Street in San Francisco. A press conference will be held at 10 a.m. by California Reinvesment Committee and Greenlining Institute.

In 1998, California Reinvestment Committee and its members vigorously protested NationsBank acquisition of the former California based Bank of America. Community organizations were fearful that this monolithic merger with its distant headquarters would decrease lending, investment and services in under served communities: "The real impacts of a merger are seen later on. Since BofA's last merger, we have seen that they can't retain staff and that their level of service and commitment declines. Communities need to think forward about how the merger will change the bank that they are used to," said Michael Banner, Executive Director of the Los Angeles Local Development Corporation, Inc.

CRC and its members are asking the Federal Reserve to mandate Bank of America to implement a specific California commitment with the following in place:

Increase charitable contributions to 2% of pre-tax income and focus charitable giving on community development activities Develop a low cost deposit account that works for low income people which includes 5 free money orders Stop financing predatory mortgages that rob consumers of hard earned equity Increase small business lending to low income and people of color in underserved communities Increase purchasing from minority owned businesses Develop a multifamily affordable housing loan product combining construction and permanent credit CRC and it members are concerned that Bank of America will continue to pull away from California, regardless of the fact that currently one-third of all of Bank of America's deposits reside in this state. Paul Ainger of Community Housing Opportunities Corp. in Davis, CA voiced his concern: "Bank of America was the leading lender in rural California. Since the merger (with NationsBank), they have disappeared from many rural communities and no longer take a leadership role in rural California."

When NationsBank acquired Bank of America in 1998, they announced a $350 billion lending and investment strategy. Community advocates argued that the pledge was created unilaterally without communities' input and was too ambiguous to respond to the specific needs of California's diverse communities: "Since the merger with NationsBank, Bank of America does not participate on a local level. We don't see their personnel on the street," said Clarence Williams of California Capital Small Business Development. Furthermore, they have not honored local commitments that were made before the merger: "Bank of America has neglected San Diego. They have chosen to ignore a commitment that was made in 1992 in San Diego and have not agreed to renew that commitment. They have become too big to respond to local needs," said Jim Bliesner of San Diego City-County Reinvestment Task Force.

On January 7, 2004, Bank of America announced a 10 year $750 billion lending and investment strategy for community economic development. This commitment has even fewer specifics and does not break out by state what their specific lending and investment strategies are. Community organizations are particularly concerned because Bank of America's strategies lean toward cookie-cutter products. Those calling for specific community commitments include, U.S. Senator Barbara Boxer, U.S. Representative Barbara Lee California, U.S. Representative Maxine Waters, California Assemblymember Jackie Goldberg and Los Angeles Councilman Dennis Zine.

"CRC members are dissatisfied with the Bank's lack of response to community needs. In general, community organizations would like for the Bank to improve its community relations and have more of a presence in the community," said Rhea Serna of California Reinvestment Committee.

CRC is a statewide organization of more than 200 non-profit organizations and public agencies working for equal access to financial institutions for low income people and people of color. CRC has comprehensive community reinvestment agreements with major California banks and savings & loans.

Source: Company Press Release

Bank One and Chase merging to become largest credit card issuer

$60 billion Merger to Create Largest Credit Card Issuer

"... In the nearly $60 billion merger with Bank One, JP Morgan Chase gains a retail business big in credit cards, mortgages, asset management and treasury services. The deal will also add to J.P. Morgan Chase's financial prowess, creating an institution with $1.1 trillion in assets, rivaling the nation's largest financial services conglomerate, Citigroup, which has $1.21 trillion in assets.

The union will also create the largest credit card issuer in the US, according to David Robertson, publisher of The Nilson Report, an industry newsletter. Bank One is currently the third-largest credit card issuer with more than $70 billion of loans outstanding, trailing only Citigroup and MBNA Corp. ..."

You know what that means: More powerful legal departments and less choices for consumers.

Some Montanans irritated to be dunned by Texas agency

State hires agency for collections

"... GC Services, headquartered in Houston, won a contract last October to collect the back taxes for the state of Montana, and gets to keep 18.9 percent of what it collects. It's the first time the Montana Revenue Department has hired an outside agency to collect taxes.

The company began trying to collect on $29 million in past-due accounts for individual income taxes five weeks ago, but so far has taken in only $93,000, a revenue official says.

Yet the firm also has raised hackles among citizens and accountants, who've been hearing from clients who feel the bills are in error.

Other clients also have said the bill collectors, who are calling from Oklahoma, are none too civil when challenged about the bill or its amount.

"The problem is they have been rude to people who are trying to clarify their amount," says Jane Egan, executive director of the Montana Society of Certified Public Accountants. ..."

And:

"However, a search of the Web for GC Services also turned up a site titled "badbusinessbureau.com," which has a feature called "Rip-off Report," with customers' complaints about allegedly unscrupulous operators. The Rip-off Report has reports from nine different people in the past six months, complaining about GC Services.

Most of the complaints, filed by people who use only their first names, complain of rude, overbearing treatment by GC Services callers.

GC Services did not return a message asking for comment.

Ray Young, a Great Falls accountant, says he's heard from clients and fellow CPAs about people who got calls from GC Services, and who felt the calls were in error and said the caller treated them rudely when they objected."

There are two items worth noting:

1) They did a web search and found complaints
2) GC Services did not return a message asking for comments.

The only way to get these collectors to respond is to file suit.

FNANB (Circuit City) suit over inquiries without permissible purpose

From CreditCourt:

After 8 months of unsuccessfully trying to get these two HARD inquiries recoded to soft inquiries, Crystal filed suit in Maryland small claims court.

To my amazement, bank counsel Kenneth H. Edwards wrote on 12/22/03 that they have a permissible purpose to obtain the credit after the discharge. It appears that he claims that a notification of a former customer's bankruptcy filing provides FNANB with a permissible purpose. Apparently FNANB subscribes to a service that notifies it of all filings and FNANB then runs the credit for all accounts even when they were previously closed or discharged and no monies are owed to FNANB.

Crystal's only account with FNANB was discharged in 1996. It may well be that FNANB continued to report the outstanding balance and never closed the account thoughout all those years. That's not unusual as you'll see when you read Randy's suit against First USA/Bank One. Very often this incorrect credit reporting causes the exploitation of consumers by predotory lenders as the credit scores are destroyed by this practice. Discharged accounts not reported as closed no later than the discharge date and with NO balance prevent consumers from obtaining market rate financing even with perfect payment history many years after the bankruptcy.

FNANB counsel Edwards also repeatedly refers to "credit bureau" instead of "credit report" and apparently is lacking the most basic understanding of credit reporting concepts.

A class action might also be appropriate, as apparently there were and will be other consumers subjected to inquiries without permissible purpose.

If FNANB isn't willing to pay the $2,000 in statutory damages within the next couple of weeks, Crystal should retain an attorney to seek statutory, actual and punitive damages. After all, she has been trying to get a mortgage and she wasted a tremendous amount of time on FNANB prior to filing suit.

The scans of the FNANB letters and inquiries

My e-mail to FNANB counsel Kenneth Edwards:

Kenneth Edwards
Bank Counsel FNANB

January 12, 2004

Re: Case # 080400244132003, Edwards v. FNANB Circuit City

Dear Mr. Edwards:

I posted your letters and settlement offer at my web site at http://forum.creditcourt.com/discus/messages/3337/3337.html and prior to taking further actions I would like to confirm the authenticity of the posted documentation and I want to make sure that I understand the facts correctly.

While you state in your 12/22/03 letter that FNANB did have a permissible purpose to access the credit file, I don't understand what you think the permissible purpose is.

I am not aware of a permissible purpose after a bk notification, if I overlooked this FCRA exemption, please do let me know where it is. As literally thousands of creditors receive bankruptcy filing notifications, it would be absurd if they all ran the consumers' credit. Why would or should they do that if there are no open accounts or delinquent balances?

However, this seems to be the FNANB practice, and if so, there must be many consumers whose credit files FNANB accessed after a bk notification without a permissible purpose and if you continue to claim that this is a legitimate practice, a class action should be filed.

It is especially disturbing that FNANB lowered those consumers' credit scores with HARD inquiries, causing ACTUAL damages through lower credit scores.

In your 12/29/03 letter you offer to delete these inquiries for dismissal with prejudice:

1) Inquiries can not legally be deleted as the FCRA requires that a record of all inquiries be kept.

2) The inquiries should have been recoded to "soft" inquiries after Crystal's first contact with FNANB, to ensure that they would no longer lower her FICO credit scores. To offer deletion now is not only illegal, but too little too late. Fair Isaac lowers the scores for hard inquiries only for 12 months, FNANB damaged the credit scores required for a mortgage since 3/03.

It is truly astounding that instead of immediately recoding the inquiries upon receipt of the suit to cease inflicting further damages, you require dismissal with prejudice.

Please do let me know whether there is a reason for me not to publicize the FNANB business practices and to inspire a class action as well as individual suits against FNANB. I don't think that Crystal's suit should be in small claims and my advice to her is to retain an attorney to file a new complaint in federal court.

Sincerely,

Christine Baker
http://www.creditsuit.org/

c: Crystal Edwards
posted at http://forum.creditcourt.com/discus/messages/3337/3337.html
posted at http://www.creditsuit.org/blog/archives/000302.html

Priorities

Woman ticketed for appearing naked on Internet

""It's unlawful to be naked in public in Lincoln," said police chief Tom Casady.

Melissa J. Harrington, 21, was ticketed for violating Lincoln's public nudity ordinance by posting pictures on her Web site "showing her naked at one of our downtown bars and in several other locations around the city," Casady said.

...

Harrington was to be arraigned in Lancaster County Court on Jan 29. If convicted, she faces a maximum penalty of six months in jail and a $500 fine."

This story got my attention because I used to live in Lincoln for a few years.

Now I'm wondering why police resources are wasted on some girl who is most likely creating pleasure and not hurting anyone. If you don't like her looks, don't look!

Why doesn't the police go after scammers and spammers? It's the porn SPAM that not only bothers me, but has cost me a lot of money.

Why not have an ordinance that prohibits deceptive practices, false advertising and fraud and go after companies like ConsumerInfo.com, the CRAs, phone companies, merchants, etc.?????

Why is police chief Tom Casady picking on a girl instead of the criminals?

Protecting your privacy with an offshore holding company

The CFS Law Report reprinted the LA Times article "Desperate for Privacy, Americans Are Hiding Their Identities and More..."

It's quite interesting, for a $300 setup fee and $50/month you get:

Global Shield -- Basic Privacy Protection

Includes:

An International Limited Liability Company
Registration in Nevis -- a jurisdiction with strong confidentiality legislation
A registered office/agent in the jurisdiction
Choice of a name for your personal holding company
Name search and registration
A bank account at the Bank at Nevis International Bank
A VISA credit card associated to the bank account
Formation and execution of all forms

-------------------------------

Many people spend just as much or more on credit reports and finding out about ID theft AFTER it happened.

If you have any experiences with http://www.ifgamerica.com or another company offering offshore private banking, please let me know.

Judge: I saw police commit felonies

FREE TRADE MEETING
Judge: I saw police commit felonies

"A judge presiding over the cases of free trade protesters said in court that he "saw ''no less than 20 felonies committed by police officers'' during the November demonstrations, adding to a chorus of complaints about police conduct.

Judge Richard Margolius, 60, made the remarks in open court last week, saying he was taken aback by what he witnessed while attending the protests.

''Pretty disgraceful what I saw with my own eyes. And I have always supported the police during my entire career,'' he said, according to a court transcript. ``This was a real eye-opener. A disgrace for the community.''"

and

"During the Dec. 11 hearings, the judge asked an assistant state attorney, ``How many police officers have been charged by the State Attorney so far for what happened out there during the FTAA?''

None, the prosecutor replied.

''None?'' asked the judge. ``Pretty sad commentary. At least from what I saw.''"

These days you got to be really careful about making any statements against the establishment, and especially protesting. And there've been readers who first donated and sent raving e-mails about how right I am, and then they were afraid to stay in touch because once you're on "the list" who knows what happens ... Are they just paranoid?

I have definitely noticed that *most* Americans are cowards and wouldn't stand up for what's right unless their life depended on it. So afraid ... zero guts!

It's good to see judge Margolius speak out, although I'm sure he regrets that now.

Discover sued over suicide due to collection efforts

Man claims wife’s suicide caused by credit card debt

"Donald MacDermid filed a lawsuit in U.S. District Court this week against Discover Financial Services, seeking compensatory damages of $1.5 million and punitive damages of $250 million, charging that Discover’s overaggressive collection tactics led to his wife’s suicide."

and

"Mr. MacDermid is suing Discover on charges of fraud, civil extortion, outrageous conduct, intentional infliction of emotional distress, defamation, violation of the Fair Debt Collection Practices Act, violation of the Tennessee Consumer Protection Act, and violation of the Federal Truth in Lending Act."

Due to my own experiences with Discover and their deceptive and illegal collection practices - I hope they have to pay millions!

An e-mail from David Tonsall, former Enron employee

"Thanks for your support.

The Entrance and Exit is the political statement. Considering the distance that must be traveled to get to the top of every scheme, scandal, or cover-up its amazing if any truths are ever known. I personally believe that we are in a time of awakening for American citizens.(watch the undertow of this administration) Our sacrifices cannot be ignored. While the beneficiary of these sacrifices are fully enjoyed by the elite few.

In the Days of old when a nation conquered another nation it was for its resources. (primarily land). the people of the conquering nation lived comfortable because of the conquering effort. After 11 US wars there are still families that have been in this country for over 400 years living in poverty.

Now ask yourself! why would the pentagon turn inward on Halliburton and Dick Cheney. Then go to my website purchase the CD or listen to it thouroughly if you already have it. The Song on the Web sample page that is not on the CD is executive memo it will be on my up coming CD. (listen to it) This move by the pentagon is unprecedented and is the plain and simple sinking of the current ship.

There is a difference between living a life and having a life.

www.nrunwrekords.com

send the link and the note to everybody you know.

respectfully yours

david"

When I started this blog, I really wanted to keep politics out of it. But it is simply not possibly to try to change credit reporting and scoring without considering the reasons for all our problems:

The corrupt American government.

I really don't care how many people I offend. I'm not running for office.

It's SPAM day at BayHouse

The BayHouse server shut down twice. The mail log (not the box) is 32 mb (not kb). I wonder how many mails there were.

I know less about server admin than most people know about credit.
Unfortunately, the server doesn't automatically reboot, don't send mail to bayhouse.com ....

Nrun released "Corporate America"

"Our lives begin to end ...
... the day we become silent about things that matter."

- Dr. Martin Luther King, Jr.

Great INTRO at N-Run Wrekords

http://www.nrunwrekords.com/biography.htm

"N-Run Wrekords is the brainchild of a former employee of Enron Corp, the once heralded energy giant. The project was started because well after a year of one of the nation's largest bankruptcies, there were still "no cuffs" for the people at the top who were responsible for its downfall. N-Run decided to voice his feelings on the matter using Hip-Hop music as his vehicle. While researching the industry, N-Run, discovered a startling number of would be Hip-Hop artist in the local community.

...."

Audio/Video: http://www.nrunwrekords.com/audio_video.htm

To purchase & listen: http://www.cdbaby.com/cd/nrun

"Rapper NRun, born David Tonsall, began his musical career as a way to vent his frustration with the judiciary proceedings progressing at a snail's pace against his former employer Enron Corporation. The company filed one of the nation's largest bankruptcies and laid off thousands of workers."

I will file suit over the spam

I dediced to file ASAP.

I FINALLY got mail again today for bayhouse.com, but I know that a lot of mail was lost. And, my problems are by no means over.

My search for a reliable VPS or VDS host continues, I will definitely leave Ventures Online, I still can't believe the treatment I got from them, and especially the LACK of support.

Now that I get my bayhouse mail at another web host where I'm running my own server, I've received a few returned spams, but nothing like the 100K+ Ventures Online claimed. I checked out a penis enlargment spam, the domain is in Thailand.

BUT, they take Visa/MC. The BANKS are ultimately profiting from the spam. If the banks didn't do business with the spammers, they couldn't sell their crap.

It'll be Baker v. (a few named defendants) and 200 Does.

More on Fax Spam

Like I have NOTHING else to do ... today I got a fax spam that required that I write my fax # on their spam and fax it back to 702-948-6008.

I called the order #, answered by Red Rose International. Nobody gives out their name, they won't disclose where they are located, and refuse to provide a # for Blue Jay, Inc.

A Google for Red Rose International found nothing, but searching for the numbers I found another page with spam complaints.

From http://www.dsis.net/resources/unsolicted_faxes.asp:

Rescue 911"
Unsolicted ad for "Rescue 911" Aerosol Instant Roof Patch
Blue Jay, Inc.
4550 Zieber Place
Las Vegas, NV 89103
Phone: 800-334-3528
Fax: 702-948-6332
Email: bluejayinc@aol.com
"Removal" Fax Number: 800-648-7535 code 135
Called toll free number, got a recording claiming to be Red Rose International

---------------

They also list many of the other spams I get, and like me, have been unsuccessful in getting removed from their lists.

The Corporation info - address does NOT match, I left a VM to confirm that they are the right Blue Jay, Inc.

Type: Corporation File Number: C26046-2000 State: NEVADA Incorporated On: September 28, 2000
Status: Current list of officers on file Corp Type: Regular
Resident Agent: JEFFREY J. WHITEHEAD, ESQ. (Accepted)
Address: 1700 W HORIZON RIDGE PKWY
SUITE 201
HENDERSON NV 89012-
President: NEIL S LUXENBERG
Address: 4057 DELOS DR

----------------------------------

This looks like a GREAT resource: http://www.junkfax.org/fax/action/how_to_sue.html - have to check it out.

LAS VEGAS NV 89103-
Secretary: NEIL S LUXENBERG
Address: 4057 DELOS DR

LAS VEGAS NV 89103-
Treasurer: NEIL S LUXENBERG
Address: 4057 DELOS DR

LAS VEGAS NV 89103-

----------------------------------

Don't have time to deal with this until I get my mail again, but if he doesn't call me back, I'll sue.

I doubt he'll call me back, from http://sos.state.nv.us/corp_nme.asp :

RED ROSE INTERNATIONAL, LTD.

Type: Corporation File Number: C20956-2000 State: NEVADA Incorporated On: August 04, 2000
Status: Current list of officers on file Corp Type: Regular
Resident Agent: JEFFREY J. WHITEHEAD, ESQ. (Accepted)
Address: 1700 W HORIZON RIDGE PKWY
SUITE 201
HENDERSON NV 89012-
President: NEIL S LUXENBERG
Address: 4057 DELOS DR

LAS VEGAS NV 89103-
Secretary: NEIL S LUXENBERG
Address: 4057 DELOS DR

LAS VEGAS NV 89103-
Treasurer: NEIL S LUXENBERG
Address: 4057 DELOS DR

LAS VEGAS NV 89103-

Obviously Red Rose International and Blue Jay Inc are related, since they have the same address.

Aside from sending out the unsolicited faxes, they also provided an incorrect address for Blue Jay Inc on the fax, or they failed to change the address with the NV Corporation Department.

BayHouse e-mail shut down by web host

It took serious legal threats to get VO to at least give me some information about the bounced spam that's been delivered to BayHouse:

"Your domain was also attacked on the 27th with 127,000 emails inbound, also taking down the server, and an additional 91,000 was sent before we had to disable your mail delivery.

This is an unfortunate problem, it is a Denial of Service via email.
I will let management update the ticket."

Return-path:
Received: from [200.84.64.171] (helo=ZALLES1)
by tempest.vosn.net with smtp (Exim 4.24)
id 1AQinB-0008Uh-Pl
for keawe@bayhouse.com; Mon, 01 Dec 2003 00:48:25 -0700
From: "Admin"
To: "keawe@bayhouse.com"
Subject: It really works at any ager
Date: Mon, 1 Dec 2003 3:46:54 -0400
X-Priority: 3 (normal)
Importance: Normal
X-Mailer: Microsoft Outlook Express 6.00.2600.0000
MIME-Version: 1.0
Content-Type: text/html;
charset="iso-8859-1"
Content-Transfer-Encoding: base64
Message-Id:

I gave their legal department until tomorrow, will update with more details then.

Obviously I'm going to have to do "something."

Courts are changing transcripts?

Apparently the Rollye James show is a new addition on XM, I just stumbled across it as some references were made about her guest and the subject of corrupt courts and falsified transcripts.

If anyone knows who the guest was and if there's a web site that goes with those claims, please let me know.

I did find a funny writeup on cows at her site:

Cows....

DEMOCRAT: You have two cows. Your neighbor has none. You feel guilty for being successful. You vote people into office who put a tax on your cows, forcing you to sell one to raise money to pay the tax. The people you voted for then take the tax money, buy a cow and give it to your neighbor. You feel righteous. Barbra Streisand sings for you.

SOCIALIST: You have two cows. The government takes one and gives it to your neighbor. You form a cooperative to tell him how to manage his cow.

REPUBLICAN: You have two cows. Your neighbor has none. So?

COMMUNIST: You ahve two cows. The government seizes both and provides you with milk. You wait in line for hours to get it. It is expensive and sour.

CAPITALISM, AMERICAN STYLE: You have two cows. You sell one, buy a bull and build a herd of cows.

DEMOCRACY, AMERICAN STYLE: You have two cows. The government taxes you to the point you have to sell both to support a man in a foreign country who has only one cow, which was a gift from your government.

BUREAUCRACY, AMERICAN STYLE: You ahve two cows. The government takes them both, shoots one, milks the other, pays you for the milk, then pours the milk down the drain.

AMERICAN CORPORATION: You have two cows. You sell one, lease it back to yourself and do an IPO on the second one. You force the two cows to produce the milk of four cows. You are surprised when one cow drops dead. You spin an announcement to the analysts stating you have downsized and are reducing expenses. Your stock goes up.

FRENCH CORPORATION: You have two cows. You go on strike because you want three cows. You go to lunch. Life is good.

JAPANESE CORPORATION: You have two cows. You redesign them so they are one-tenth the size of an ordinary cow and produce twenty times the milk. They learn to travel on unbelievably crowded trains. Most are at the top of their class at cow school.

GERMAN CORPORATION: You have two cows. You reengineer them so they are all blond, drink lots of beer, give excellent quality milk, and run a hundred miles an hour. Unfortunately they also demand 15 weeks of vacation a year.

ITALIAN CORPORATION: You ahve two cows but you don't know where they are. While ambling around, you see a beautiful woman. You break for lunch. Life is good.

RUSSIAN CORPORATION: You have two cows. You count them and learn you have five cows. You have some more vodka. You count them again and learn you have 42 cows. You count them again and learn you have 12 cows. You stop counting cows and open another bottle of vodka. You produce your 10th five-year plan in the last three months. The mafia shows up and takes over however many cows you really have.

TALIBAN CORPORATION: You have all the cows in Afghanistan, which is two. You don't milk them because you cannot touch any creature's private parts. At night when no one is looking, you have sex with both of them. Then you kill them and claim a US bomb blew them up while they were in the hospital.

POLISH CORPORATION: You have two bulls. Employees are regularly maimed and killed attempting to milk them.

FLORIDA CORPORATION: You have black cow and a brown cow. Everyone votes for the best looking one. Some of the people who like the brown one best vote for the black one. Some people vote for both. Some people vote for neither. Some people can't figure out how to vote at all. Finally a bunch of guys from out of state will tell you which is the best looking one.

NEW YORK CORPORATION: You have fifteen million cows. You have to choose which will be the leader of the herd, so you pick some fat cow from Arkansas.

Beating traffic tickets with your amygdala

I'm extremely backed up on e-mail since I just got done with the Fair Isaac objection. So when I got Neil's list mail, I hit the delete button. Something made me undelete, and I'm glad I got to read his mailing.

What do traffic tickets have to do with credit?

Neil did exactly what everybody should do. Use your "Frontal Lobes Cooperative Intelligence POWER WRENCH." When something doesn't look right, it probably is NOT right. Instead of going to the traffic court with a sob story, Neil figured out what wasn't right.

Instead of trying to convince the judge, he notified the Denver newspaper and TV, the city counsel, etc. And he won.

Of course the CRAs and Fair Isaac are very "special" and it's not quite so easy to make wrongs right, but the same principle applies.

Below is Neil's entire mailing, and btw, that amygdala clicking really works, to my surprise. http://www.neilslade.com/

Greetings Brain Explorers!

If you are an advanced Brain Explorer you know that one aspect of Brain Self-Control deals with standing up for yourself
against reptilian brained actions of humans who would like to unfairly attack you.

Your own reptile brain will do this, but it will do it in an inefficient costly manner, which as often as not results in a lose-lose
situation for all involved.

Your FRONTAL LOBES however, will fight off your enemies in a way that actually produces at least a WIN situation for you,
and often a WIN situation for your attackers.

So it was with me this week as I beat City Hall with my Frontal Lobes.

The Frontal Lobes carefully looks at any given situation and figures out with advanced intelligence the cause and effect-
rather than the reptile brain which just sees "kill kill kill".

So it was, after being given a rather suprising traffic ticket for "prohibited turn" the other day, that I clicked my amygdala
forward to see what REALLY WAS, and what I could do about it.

Going into all the details would take to long, so here's a brief summary:

After the cop pulled me over-- and she was rather hostile and arrogant about the whole thing, my BRAIN RADAR alerted to
me to the fact that "This was not as simple a matter as the cop would argue".

I looked at the intersection involved, and looked at the signs. They didn't seem right to me-- this was my right brain intuition
kicking in. I in fact had seen nothing prohibiting a left turn, despite the fact that the cop said "yeah, there were three signs,
get your eyes examined."

When I went back I looked at the signs-- they weren't right, though I couldn't pin it down- not yet. I had missed them, and
they were not obviously placed.

I went online and searched on GOOGLE for "prohibited turn signs".

What I eventually came up with was the MUTCD-- this is the Manual for Uniform Traffic Control Devices
http://www.fhwa.dot.gov/

It defines the law regarding traffic control signs and signals-- which MUST be obeyed without exception by every city and
state in the US.

What I discovered was that the signs posted at the intersection where I-- and hundreds of other people- had been ticketed
did not adhere to the authorized REQUIRED REGULATIONS concerning the posting of prohibited turns.

Rather than complaining to the cops directly, or go and argue with the city attorney alone--
I used Frontal Lobes Cooperative Intelligence POWER WRENCH and I sent to the TV news stations, the local newspaper,
my city council memebers and the mayor copies of the regulations, photographs, and copies of the municipal code which
stated that the city must not prosecute drivers for an alleged violation unless the "proper traffic control devices are
posted"-- which means the right traffic sign-

In this case, the city had used inproper black and white only arrow signs withe the word "only" , instead of the required
"prohibited turn" sign- the one with the red circle and cross mark over an arrow in the prohibited direction.

Many of these people had forwarded the message to the head of Traffic Engineering for Denver, and within 36 hours I had
received confirmation from this supervisor that I was RIGHT, and that my ticket, as well as the tickets of all the drivers
receiving violations at this location deserved to have their tickets dismissed:

"Mr. Slade,

Joel Walker of our Traffic Engineering Service's staff will be following up with you regarding the possible signage and
operational enhancements that we are considering for the Best Buy retail center driveway onto Mexico Ave. Joel is going
to look at the recent accident history at this location prior to making a final decision about whether to enhance the existing
signage or remove the left turn restriction altogether.

Either way, we agree that you have a valid point about the current signage being inadequate per the stipulations of the
2000 edition of the MUTCD. Joel will author a letter to this effect per your request. While we do not have direct control
over the enforcement efforts of DPD, we will lobby them to suspend enforcement until changes are implemented at the
Best Buy driveway. I also cannot speak to what sort of amnesty could be created for persons who have been recently cited
for an illegal turn at this location. Joel will draft your letter in such a way that others could use the same letter when they
appear in court to contest their citation.

Please contact Joel by calling xxxxxxxx to get an update on the status of the letter and let him know if you have already
been assigned a court date. Thanks again for bringing this situation to our attention."

Yes.
You can beat city hall and unfair traffic tickets with your Frontal Lobes.

This is a lesson I have learned over 30 years of driving, and having occassionally gotten a bogus traffic ticket which I had
to fight in court. You must be smarter than the people charging you with a false charge to win. You can't lie and win. You
must have lots of correct evidence that is backed up by other people even more "official" than yourself.

But you can win.

Otherwise you pay the penalty of ever increasing and ridiculous car insurance rates that make the cats fat, and pay ever
inflating city ticket charges and surcharges- wasted in inefficient and buddy-system city spending.

Twenty five years ago I wrote a song to forever remind me not to cave in to false charges. You must stick up for yourself-
as caving in, just because its easy and convenient, is not proper use of your brain's infinite wisdom and energy.
The song is called

"FIght All Traffic Tickets"

(what else) and can be heard on the Piano Impressions From Another Dimension CD
( http://www.neilslade.com/order.html )

You can listen to a free streaming Real Audio version of this song here- please note this web streaming version is slightly
lower quality than the very high quality stereo CD itself:

http://www.neilslade.com/audio/FightAllTrafficTickets.ram (for 28K modems)
or
http://www.neilslade.com/audio/FightAllTrafficTickets56.ram (for better quality 56K and faster connections)

****************************************

BRAIN FEEDBACK
Again, I always appreciate the amazing (and I add unsolicited) feedback I get from people who visit the web site and also
who get brain materials from the Brain Book and Music Store. Here's one from this week...

"Hello Neil

After finding your web sight by chance (coast to coast) and reading the material there....I've come to the conclusion that
this has to be one of the greatest contributions to the welfare of human kind. Why this material is not in the main stream
information pool,( school, universities, hospitals, psychology...ect... is beyond me....but then again what would a reptile do
with new found egg of unlimited happiness,innocence and growth..ect haha we know the answer to that one. all right all
right that was my political statement.
Personal: I"ve ordered the compleat brain book and cd set and am completely satisfied. Although I haven't finished the 1st
book (super charge frontal lobes) I cant get over how easy this technique is and how effective it is towards creating an
instant feeling of pleasure and wonderment of just how GREAT life really is!!!!! there is so much in this book that i can
relate to ...and, PS: I almost broke a tear at the end of the mirror story. In closing THANKS A MILLION !!!! I'm a CLICKIN
and a life of creative happiness and wonder is mine for the pickin (Front or back) and I'm tired of sitting in the back, on
what seems to be the bus of life. THE AMYGDALA............EUREKA!!! THE I HAVE A CHOICE!!!

THANKS AGAIN !!!!
Chris W."

*************

Till late Brain People-Neil
http://www.neilslade.com/order.html for Brain Books and Music

www.NeilSlade.com
The Amazing Brain Music Adventure

To unsubscribe from this group, send an email to:
YourGreatBrainAdventure-unsubscribe@egroups.com

Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/

New blog: Randy v. CRAs, First USA Bank One, Fleet and Discover

I'm busy this week working on the Fair Isaac objection, so I haven't had much time to get this new blog ready for the public and it's a little early to post a link. But, since Bank One already returned the waiver and their attorney called, you might as well see what's happening.

http://firstusa-credit-suit.us/

I hope that many more readers will publish their suits at blogs and web sites, and I am offering free web space and blogs to consumers.

FTC finally sues Ameridebt

FTC Files Lawsuit Accusing Firm Of Misleading Consumers

"...

"This case is about deceiving the public," said Howard Beales, director of the FTC's consumer protection bureau. "We're alleging AmeriDebt misled consumers about who it is, what services it provides and what it charges."

The FTC also accused AmeriDebt of misrepresenting that it operates as a nonprofit organization.

The regulator alleges the firm doesn't operate for charitable purposes but instead to make money for affiliated for-profit companies.

..."

Why did that take 10+ years? Why are they suing only Ameridebt?

I don't understand why non profits don't have to disclose their finances to the public - it just makes no sense!

I recently asked ACORN about their finanancials, didn't get a reply.

Subpoena to newspaper group Hollinger International Inc.

RPT-UPDATE 3-Hollinger Int'l receives SEC subpoena -source

"...

Black resigned as chief executive of Chicago-based Hollinger International Monday after the company disclosed he and other executives collected $32 million in unauthorized or undisclosed payments.

....

The Chicago Tribune, citing a government source close to the investigation, also reported Wednesday that a separate SEC probe is expected to focus on Hollinger's board, which has come under fire for allegations of lax oversight of deals that personally benefited top executives.

Board members include such luminaries as former U.S. Secretary of State Henry Kissinger and former Assistant Defense Secretary Richard Perle.
..."

I'm not surprised, are you?

Another misdelivered mail - with money order

An Ebayer mailed the money order to Maine. It took me a while to figure out why it arrived in Arizona.

"Somebody" (the post-office?) printed a bar code below the address on the envelope - and next to it is MY zipcode, completely different from the addressee. The box is the same, so it was delivered to me.

Enron bankruptcy costs expected to hit $1 billion

"By Enron's own reckoning, the legal and accounting costs of its bankruptcy will exceed $1 billion in 2006."

Wow! I would not want to be the judge having to approve or disapprove that reorganization plan.

Legal fees for Enron 'shocking' in stature

"...

Typically, legal fees in a bankruptcy drop off dramatically after a company gains approval for a plan of reorganization -- a road map for its exit from bankruptcy -- which Enron expects to do early next year.

But the company's budget through 2006 estimates more than $300 million will be spent after Enron confirms its plan. That's more than any company has ever spent confirming a Chapter 11 bankruptcy plan.

"It's shocking," said Lynn Lopucki, a law professor at the University of California at Los Angeles law school who studies bankruptcy professional fees.

The largest amount of professional fees on record is the Luxembourg-based case of Saudi Arabian Bank of Credit and Commerce International, with $200 million in fees, although WorldCom may meet or exceed this total.

Sometime this summer, Enron surpassed $500 million in legal and accounting fees billed by more than three dozen law firms and a handful of accounting and consulting firms since the company filed for bankruptcy Dec. 2, 2001.

According to Enron's budget estimates, it will spend $156 million in the second half of 2003 on professional fees. It projects professional fees of $229 million in 2004, $112 million in 2005 and $68 million in 2006.

The budget estimate is located in one of 18 appendices and more than 1,000 pages of amended documents Enron submitted to its bankruptcy court Thursday in support of its plan of reorganization. This is the third version of the plan and disclosure statement prepared by Enron.

The modifications to the disclosure statement, which provides financial information and legal framework supporting the plan, came in advance of a hearing next Tuesday when Enron will ask Judge Arthur Gonzalez to approve the massive document, a key step toward confirming the plan.

..."

PrivacyGuard = Trilegiant = MANY other names

A reader sent me the info on Trilegiant, I didn't realize that you can do national searches at http://search.bbb.org/

I would really like to know how much the bureaus charge them for the unlimited reports.

The ONLY "work" PrivacyGuard does is handle the signup and the merging of the reports. The bureaus charge consumers $9 per report, Equifax charges $120/year and Experian charges $90. TU does not offer unlimited reports - if you buy 1 TU report/month you're looking at $320/yr.

There is absolutely NO reason to charge so much, other than pure greed. Since PG sells unlimited reports for all 3 bureaus for $90, they MUST be paying LESS. Maybe $15/yr per bureau?

Maybe the bureaus give PG a special discount because they expect fewer disputes due to the incomplete reports?

The BBB info:

C U C INATL INC
(TRILEGIANT CORP)
2401 E RANDOL MILL # 500
ARLINGTON, TX

TRILEGIANT (CONN BBB)
P.O. Box 42390
HOUSTON, TX

TRILEGIANT CORPORATION
100 Connecticut Avenue
NORWALK, CT

Customer Experience

SUMMARY REPORT:
According to information supplied by the company, Trilegiant Incorporated began business in July 2001 as a privately held business entity. Trilegiant is the successor to Cendant Membership Services Incorporated, a publicly held company that has reportedly gone out of business. Trilegiant continues to offer the same programs and continues to maintain the same customer base as Cendant Membership Services Incorporated.

Trilegiant Incorporated offers a variety of membership programs to credit card customers. The company markets its services on a free trial basis for up to 90 days. If the customer does not cancel his/her membership by calling a toll-free number at the end of the free trial period, the company automatically renews the membership and charges an annual fee to the customer's credit card. The company continues to annually renew the membership unless canceled by the customer.

Based on BBB files, this company has an unsatisfactory record with the Bureau due to a pattern of complaints concerning deceptive selling practices, unauthorized charges to consumers' credit cards, and non-cancellation of memberships following cancellation requests. The company has resolved most complaints presented by the Bureau, however some complaints remain unanswered.

If you have a complaint against Trilegiant Corporation, we suggest that you send a written complaint to the State of Connecticut Attorney General's Office, 110 Sherman Street, Hartford, Connecticut, 06105. If you are a resident of Florida, we suggest that you mail a copy of your complaint to the Economic Crimes Division, Office of the Attorney General, The Capitol, Tallahassee, Florida, 32399-1050.

The Better Business Bureau maintains a separate report on Cendant Membership Services Incorporated.

Additional Information

Additional Doing-Business-As Names: AOL AutoVantage
AOL Credit Alert
AOL Netmarket
AOL Travelers Advantage
AutoVantage
AutoVantage.com
Buyers Advantage
Chase Traveler
Citishopper
CompleteHome
Credentials Services
Dental Plus Group Plan
Dinner On Us Club
Family FunSaver Club
Great Fun
Great Options
GreatFun.com
Health Saver
Homeowners Savings Network
Hot - Line
Hot-Line
Just For Me
Macy's Hot-Line
Netmarket
Netmarket.com
OurCompleteHome.com
PrivacyGuard
PrivacyGuard.com
Sears Discount Travel Club
Shoppers Advantage
ShoppersAdvantage.com
Today's Homeowner Values
Travelers Advantage
TravelersAdvantage.com
Additional Addresses: 10015 S. Main(call center), Houston, TX 77242
P.O. Box 42390(call center), Houston, TX 77242
39 Lindeman Drive, Trumbull, CT 06611
80 Oakview Dr., Trumbull, CT 06611-4748
P.O. Box 111110, Trumbull, CT 06611
Additional Phone Numbers: 203-956-8789 Fax
800-318-6870
800-290-8603
713-667-9173
800-892-2833
800-374-8273
Additional TOB Classifications: Credit Card- Offers & Plans
Credit Card- Protection Service

Linda Tripp gets $595,000 in privacy suit

http://au.news.yahoo.com/031103/11/md1u.html

"...

Tripp sued the Defense Department and the U.S. government for privacy violations, including a charge that officials leaked information that she was interviewing for a job at a lower rank and salary than her old job.

Tripp also accused U.S. officials of leaking information from her security clearance.

..."

I thought I wasn't seeing right! What about Monica?

Maybe this is just a joke.

Top 20 search phrases in October

American agencies wins again! 125 searches just in the top 20.

1 99 8.54% american agencies
2 26 2.24% david tonsall
3 23 1.98% privacyguard
4 19 1.64% krohn
5 18 1.55% allied interstate
6 16 1.38% american agencies collection
7 16 1.38% krohn and moss
8 15 1.29% capital one complaints
9 14 1.21% csc credit services
10 13 1.12% myfico.com
11 11 0.95% compass bank
12 11 0.95% nelnet
13 9 0.78% 800-680-7289
14 9 0.78% csc credit service
15 8 0.69% 800-581-3145
16 8 0.69% experian ceo
17 8 0.69% myfico
18 8 0.69% nrun
19 7 0.60% providian
20 5 0.43% american agencies credit

With nothing but a tree between you and the gun

The pictures at "Bullets fly outside Robert Blake's courthouse" aren't bad, but the video is really something. That's much more exciting than the Robert Blake trial.

http://www.thesmokinggun.com/archive/strier1.html

"OCTOBER 31--The California man arrested today for shooting an attorney outside a Van Nuys courthouse was embroiled in such a contentious probate matter that a court-appointed trustee asked to be removed from the case due to recent death threats made by the gunman. ..."

Collection attorney James Casesa ought to be disbarred

We posted the disputes and Casesa's continuing collection efforts at CreditCourt.

I really don't understand how an attorney can simply IGNORE the FDCPA and FCRA entirely.

The wrong insurer was billed by the medical care provider, and Casesa REFUSES to address the dispute. He verified with the bureaus, as he proudly announced in his 9/29 letter!

To date, he has not provided the original creditor's address, although he finally sent a printout after receiving the $1,000 settlement offer.

Since it doesn't look like he'll settle, heck, he won't even quit collecting, recommendations for a good FDCPA and FCRA attorney in Florida are appreciated.

Thanks!

To the anonymous contributor, thanks much!!!!

Enron goes hip-hop with "NRun"

There's an alternative to suing:

Enron goes hip-hop with "NRun"

"...

NRun, whose real name is David Tonsall, lost his job after Enron's collapse into a record bankruptcy in 2001.

Tonsall said he is angry that the Enron criminal investigation is taking years and has yet to name anyone higher up the corporate ladder than former Chief Financial Officer Andrew Fastow.

Tonsall decided to vent his frustration through the rap album, which has so far cost him $15,000 to make.

"I know you can't go postal. That ends up putting you in jail," said Tonsall, who now runs his own engineering firm, Synergistic Techneering.

..."

Maybe I should sing at the defendants sometime, that's a scary thought.

FCRA Class Action

I've been on the phone with Equifax for hours today, trying to find out what's going on with their fax numbers.

At the 866-234-6477 I got the option 6 to hear about the class action. They didn't give out any info other than the site URL http://www.fcraclassaction.com/

This is the class action about the reporting of bankruptcies on the reports of consumers who did NOT file for bankruptcy.

People often ask why there aren't class actions against the credit bureaus, and it's easy to understand when you read what it takes to get certified.

Excerpt from http://www.fcraclassaction.com/case.html

"The lawsuits were filed in federal district court in South Carolina on April 20, 2000. The plaintiffs filed motions asking the district court to certify each of the lawsuits as class actions. The credit bureaus opposed these motions. Following a hearing on March 20, 2001, the court denied the motions for class certification. The court also denied the plaintiffs’ motion for reconsideration of this decision.

The plaintiffs filed motions to amend the complaints, which the court granted on July 30, 2001, over the objection of the credit bureaus. Subsequently the court allowed the plaintiffs, over the objection of the credit bureaus, to conduct limited additional discovery related to the issue on which the court had denied the motions for class certification. That issue concerned whether class certification would jeopardize significant individual damages claims some class members might have.

The plaintiffs filed new motions for class certification on March 6, 2002, which the credit bureaus opposed. Following a hearing, the district court issued an order on June 26, 2002, conditionally certifying the three lawsuits as class actions. The court denied the credit bureaus’ request to reconsider this decision.

The credit bureaus filed a joint petition with the Fourth U.S. Circuit Court of Appeals in Richmond, Virginia, asking for immediate review of the district court’s class certification decision. The plaintiffs opposed this petition. On October 23, 2002, the Fourth Circuit denied the petition.

The credit bureaus petitioned the Fourth Circuit requesting a rehearing on the denial of their petition for immediate review of the class certification decision. The Fourth Circuit denied this petition for rehearing on November 15, 2002.

On October 31, 2002, the district court directed the parties to engage in mediation proceedings in an effort to resolve the class action lawsuits without further litigation. Mediation was conducted in each of the cases during January 2003, which ultimately resulted in the combined settlement that is now proposed."

Here are the .pdfs for the filings, you can see how long it took and obviously, there were some serious legal fees associated with the certification.

http://www.fcraclassaction.com/fcra/courtDocs.html

It looks like Equifax, Inc. is not a CRA.

Apparently, the very MOST consumers can expect out of a class action is a correct credit report.

Class Actions have their place, they CAN change how credit reporting works.

But don't expect any cash, don't expect it to be fast, and don't expect lawyers to want to represent the class.

Allied Interstate DirectTV collection that's not mine

Same last name, almost same address, but no box #, so I'm sending it back to Allied.

If you're the Baker with the Allied DirectTV collection and they claim that you got this 10/2/03 initial collection letter, I'm your witness that you didn't get it.

Am I the only person constantly getting other peoples' mail?

ACORN reply - MORONS!

"To: christine@creditcourt.com
From: Lisa Donner
Subject: Credit Scoring and reporting

Your note to Steve Kest on this issue made its way to me - we certainly agree that credit scoring and credit reporting are crucial issues - we've done some work on them over time, and look forward to being able to do more -- not enough resources to take on every problem at once -- and are always glad to see others batteling on this issue as well"

Got this on 9/23, it's not really worth posting other than to show that those consumer "advocates" have nothing but their salaries on their minds.

Pathetic.

Just like the government, they don't deal with the PROBLEM, they just pour massive funds into keeping lots of people busy, paying themselves nice salaries and pretend to be doing something.

They're so part of this screwed up system, it's sickening. It's a symbiotic relationship, they're afraid to make a difference. They depend on exploited, defrauded and deceived consumers like maggots depend on dead meat.

What the hell is she talking about RESOURCES for?

Do * I * have RESOURCES? How many $$$ does it cost to put up a web page? Or at least a link?

And not ONE word about Household!

What MORONS!

E-mailed this URL to Lisa Donner

My 1st e-mail to ACORN

My 2nd e-mail to ACORN

I'm ready to sue for fax SPAM for Debt Consolidation

I am SOOO sick of it!

Got another SPAM for a California credit counseling company. I remember getting that crap before, and I'm sure I got notes and a file on it somewhere.

So I called and reached the "Awards Center." Got their address:

5405 Alton Parkway # 5A447
Irvine, CA 92604

He said they're the "answering service" for the faxer, but couldn't tell me what company did the faxing. So I got the supervisor Mr. Michaels.

He told me my number was removed in March and couldn't understand why I was still receiving faxes.

He promised to call me right back. And while I was still typing here, he did call. My fax 571-222-1000 is not in their system, and he said he didn't know which company faxed to me.

He will do more research. I told him that I need to know who to sue.

It's odd that he wouldn't know who the company is, because when I called the number ON the SPAM fax, they obviously know what I'm calling on. They answer with "Debt Consolidation"

He also said that they don't actually do the faxing, but he has access to all the numbers.

If anyone has a link to a similar suit, please post here or e-mail christine@bayhouse.com I could use some help with the appropriate codes.

Germans Criticize Leaders, Admire 'Arnold Effect'

"But Germany urgently needs something Schwarzenegger-like: a can-do spirit, unconventional thinking, courage, strength and vision. We're facing the worst crisis since the war," he wrote.

....

"The dissatisfaction is growing every day," he told Reuters. "Germany and Europe are ripe for the same sort of phenomenon. People feel they're being messed with. They want simple language and simple remedies."

Germans Criticize Leaders, Admire 'Arnold Effect'

It's scary how so many people just don't see what's going on. They'd vote for Hitler again.

Detective Takes Stand In Kobe's Preliminary Hearing

Accuser Tells Detectives Bryant Raped Her From Behind

"Mackey asked Winters how he knew if the bruises in the woman's vaginal area were consistent with nonconsensual sex. He had said that the nurse told him. She then asked if Winters asked the nurse if the bruises were also "consistent with a person who has had sex with three different men in three days." "

Assuming that Kobe did everything as described in Winters testimony, I still have a lot more respect for him than for his attorney Pamela Mackey.

Kobe was a horny guy and the blood had left his brain. What's Mackey's excuse?

Maybe I'm just overly sensitive, the constant lies, misrepresentations, deception and insults by my defendants' attorneys are aggravating me.

I keep forgetting that the legal system has little to do with justice.

What happened with Victims of Credit Reporting?????

"Updates will come when it becomes safe to do so."

Last night I found this announcement as I was searching the web for stats on consumers who can't open checking accounts:

"May 2003

The VCR website is currently in archive mode. Everything you see was posted much earlier and is retained to give a history of the anti-credit report movement. Since the tragic events of 119 (November 9, 2000 - the day chads changed history) the power of databases to destroy has become evident to everyone. Our earlier worries about credit scores affecting interest rates that once seemed so radical appear naive in retrospect. Now you can be denied the right to travel and even "disappear" based on the same bad data we once worried could cost you a job. We saw part of it coming--what we didn't see was the willingness of Americans to let them get away with it. Updates will come when it becomes safe to do so."

I had occasional communications with David Vest, the site owner, for quite a few years, but hadn't heard from him in a long time.

My e-mail today was returned: "<<< 550 victcrdrpt IS NOT ACCEPTING ANY MAIL"

Does anyone know what happened to Dave Vest?

His VCR site was the ONLY web site sincerely interested in credit reporting issues, not out to make a buck off already screwed consumers. While I tried to help individuals, Dave Vest always focused on the big picture.

This is disturbing and depressing.

"Updates will come when it becomes safe to do so."

What makes it NOT safe now?

Safe?????

Federal do-not-call list enforced for now

Court lets 'do-not-call' list go forward

"The legal status of the list is still not resolved as the U.S. Court of Appeals in Denver must determine whether it unconstitutionally discriminates between commercial and charitable calls, which are not subject to the no-call rule.

But until then, the FTC will be able to fine telemarketers up to $11,000 for each time they call numbers on the list. Consumers will be able to sign up if they have not yet done so, and thousands of telemarketing companies that still do not have the list will be able to purchase a copy. "

I still don't know who gets that $11,000.

PA Attorney General Sues Financial Company in `Do Not Call' Investigation

"The lawsuit seeks civil penalties in the amount of $1,000 per violation and $3,000 for each violation involving a person age 60 or older, plus payment of the Commonwealth's investigation costs. The suit also seeks a ban on the company's right to do business in Pennsylvania. Nearly 50 Pennsylvania consumers filed complaints with Fisher's Office claiming that they were illegally contacted."

If I read this right, PA consumers are actually supposed to get some cash, I like the amounts they're looking for, and the morons at Liberty One Financial pay for the cost of the investigation.

How do you get the FTC to do something USEFUL like that? I'm not aware of a single person to EVER have received as much as one penny due to FTC enforcement of the FCRA.

Instead, the FTC prides itself in doing NOTHING about the many CRA willful and malicious FCRA violations.

Below is the enitire press release about the PA investigation:

PA Attorney General Sues Financial Company in `Do Not Call' Investigation

October 1, 2003 — HARRISBURG, PA - Attorney General Mike Fisher today announced that a lawsuit has been filed against a Philadelphia-based financial company accused of illegally contacting Pennsylvania consumers by telephone to sell them mortgages and broker services.

Fisher identified the defendant as Liberty One Financial, Inc., 13050 Bustleton Avenue, Suite A, Philadelphia. The company is accused of violating the state's Telemarketer Registration Act and Consumer Protection Law.

"The defendant is accused of violating the laws of the Commonwealth and the rights of its citizens," Fisher said. "In our opinion, the defendant, despite a warning from my office, did not intend to comply with the state's `Do Not Call' law and falsely gambled that it would not get caught. This blatant disregard of the law warrants our request to permanently bar this company from conducting further business in the Commonwealth."

Investigators said the defendant, directly or through agents, contacted Pennsylvania consumers at various times since November 1, 2002 encouraging consumers to purchase mortgages, mortgage broker services or similar financial products and services.

According to the lawsuit, the defendant did not purchase the "Do Not Call" list and failed to adjust its own calling lists to ensure that those registered for the state's "no call" program would not be contacted.

The company, which claimed that it was exempt from the "Do Not Call" law, was issued a warning from Fisher's Bureau of Consumer Protection to comply. Despite the warning, the business allegedly continued to contact consumers that were on the statewide "no call" registry.

The lawsuit seeks civil penalties in the amount of $1,000 per violation and $3,000 for each violation involving a person age 60 or older, plus payment of the Commonwealth's investigation costs. The suit also seeks a ban on the company's right to do business in Pennsylvania. Nearly 50 Pennsylvania consumers filed complaints with Fisher's Office claiming that they were illegally contacted.

The lawsuit was filed in Commonwealth Court. The case is being handled by Deputy Attorneys General Kathryn Silcox and Darrel J. Vandeveld of Fisher's Bureau of Consumer Protection.

Source: Agency Press Release

Updated the Pro Se resources at CreditCourt

Due to popular demand, I just reorganized and annotated the Pro Se links at CreditCourt.

I'll be very happy if just half the people who tell me they're going to sue will actually file!

Attorneys - Pro Se - Publish

Do-not-call registry faces tougher challenge

Judge Nottingham has a great point!

Why should nonprofits, politicians and pollsters be allowed to call me?

I don't want ANY of these calls. But because some people want those calls, maybe they should implement CHOICES:

NO calls at all, or opt in for selective "subscriptions" to non profits, pollsters and politicians?

Who wants to get marketing calls from politicians anyway?

"In his decision on Thursday, U.S. District Judge Edward Nottingham blocked the list based on telemarketers' free speech rights.

The do-not-call list applies to telemarketers but not to nonprofit organizations, politicians and pollsters.

Nottingham found that the registry "does not materially advance its interest in protecting privacy or curbing abusive telemarketing practices."

"The registry creates a burden on one type of speech based solely on its content, without a logical, coherent privacy-based or prevention-of-abuse-based reason supporting the disparate treatment of different categories of speech," Nottingham ruled.

Nottingham's order resulted from a suit filed in Colorado by telemarketing businesses in that state. It was unrelated to the claim and order issued Tuesday in Oklahoma by Judge Lee R. West, which prompted this week's congressional action."

Do-not-call registry faces tougher challenge

As far as freedom of speech - what's Judge Nottingham's number?

Cell phone and home phone numbers, and whatever else he has for his communications. 50 million calls once a week should teach him! :)

Isn't it amazing how fast Congress can act?

I just heard a few seconds of a legislator telling those judges who blocked the Do-not-call-list how they REALLY want this list to be activated.

Imagine how many millions in court costs and legal fees would be saved if Congress would just make it clear what "accurate" credit reporting is, what goes and what doesn't, and add some statutory damages.

Over 50 million numbers are on that list, including 4 of mine.

Experian states that they have over 200 million credit files. There are AT LEAST 50 million people with incorrect credit reports and subsequent low scores.

Of course is sucks to have your dinner interrupted by a marketer.

But it sucks a lot more to have your auto or home owner insurance rates double or triple. Or even get a decline. Not to mention the cash that's spent on higher interest rates.

So why is this Do-not-call list so much more important?

Is it because this is a different 50 million segment of the population?

Or because it's easy? It's really a no brainer.

Why didn't they do it 10 years ago?

Congress Moves to Defend Do-Not-Call List

"Tauzin spokesman Ken Johnson said the House would waste no time in considering the measure and ``if the Senate follows suit we'll have this problem solved by the close of business on Thursday.''"

42 Attorneys General signed FCRA letter to Congress

Unfortunately, the Attorneys General don't even MENTION credit scoring.

Why didn't ALL of them sign?

"August 20, 2003

Forty-two Attorneys General*, and the District of Columbia Corporation Counsel submitted a letter to the members of the U.S. Senate Committee on Banking, Housing, and Urban Affairs and the U.S. House Committee on Financial Services, urging Congress to allow the preemption provisions contained in the 1996 amendments to the Fair Credit Reporting Act (FCRA) to sunset, and to refrain from enacting any new provision that would preempt the states from enforcing or enacting laws related to credit reporting."

"In their letter, the Attorneys General urge members to recognize the vital role played by state laws and state law enforcement in promoting fair and accurate credit reporting and in protecting consumers’ right to privacy and rights of access and correction. The Attorneys General also note that for the first 26 years of its existence, the FCRA did not preempt state laws, except for those inconsistent with the federal law. During this period, States enacted laws to respond quickly to specific problems relating to credit reporting, thus providing enhanced consumer protection, without detriment to the economy.

The Attorneys General also urge Congress to strengthen the FCRA, particularly with respect to issues of accuracy, consumer disclosures, identity theft prevention and assistance, enforcement, and consumer privacy."

Here's the letter: http://www.naag.org/issues/pdf/20030820-signon-fcra.pdf

PrivacyGuard order decline

Last night I placed on order for the tri-merged report, and it was declined due to "technical" problems.

I just ordered again, and got this message:

It sure is taking a long time to process my order. Last night they had a number to call, but they were closed. Don't see a number now.

Search phrases: American Agencies clear winner again

1 27 7.18% american agencies
2 18 4.79% krohn
3 13 3.46% privacyguard
4 7 1.86% nelnet
5 5 1.33% 800-680-7289
6 5 1.33% experian ceo
7 5 1.33% fcnb cardmember services
8 5 1.33% krohn and moss
9 4 1.06% https://qspace.iplace.com
10 4 1.06% myfico.com
11 4 1.06% robert c. broomfield
12 3 0.80% 800-319-4433
13 3 0.80% acquisition experian
14 3 0.80% american agencies credit
15 3 0.80% bill sheehan
16 3 0.80% compass bank email address
17 3 0.80% consumerinfo.com complaint
18 3 0.80% craig smith experian
19 3 0.80% krohn moss
20 3 0.80% providian complaints

30 searches for American Agencies just in the top 20 phrases, there are a lot more. Surprisingly, Krohn & Moss isn't far behind.

More on junk faxes

http://www.edcombs.com/FSL5CS/Custom/TOCViolations.asp

"II. UNSOLICITED FAXES AND TELEMARKETING CALLS

We are looking for cases in which people received (1) pre-recorded telemarketing calls on residential phones (Echostar / Dish Network has reportedly been making such calls), (2) telemarketing calls or text message advertisements on cell phones (for which the recipient pays), or (3) unsolicited fax advertisements. All such calls violate the Telephone Consumer Protection Act. You may be entitled to recover money damages. We will need a copy of the fax."

I got prerecorded sales calles from debt consolidation companies, Lighthouse and one in Orange, Cal. - blank on the name now, wonder if I recorded those ...

Junk faxes

Every day I get numerous junk faxes selling everything from cruises to office equipment to debt consolidation.

I have been calling the numbers they claim will get you REMOVED from their fax lists. But this seems to be working just like with e-mail SPAM: I enter my number for removal from their list, I get ADDED to new fax lists.

I must have made 10 calls just this week. It eats up my day.

So I thought I'd start wasting some of their time and called the 800-581-3145 for reservations of the advertised Bahamas cruise:

I asked for the supervisor, and he said he was the supervisor.

His name: William Wilson
The name of the company: Wilson Worldwide Travel
Their location: Alaska
Faxing from: Canada, because there it's legal
They got my fax # from: The White House
Their legal agent is: President Bush

Well, that's got to be almost as funny as my hitting the redial button for at least 50 times. Of course they're not in Alaska, someone else told me they're Alpha Omega MarKeting in Florida. Sounds more like it.

Got a VM a few times and let them know that I hope they enjoy my VM as much as I enjoy their faxes.

Iraqi banks to be controlled by foreigners

Iraqi Bankers Get Government To Bend On Bank Capital Law

"The new law would remove the ownership barrier and open the sector to 100% foreign control."

Isn't that so clever?

You don't own a country until you control their banking.

The "foreign" investors (Citi, Household, Cap One ...) will make a loan to everybody, the CRAs will REPORT those loans, and THEN they'll rule Iraq just like they rule the US.

Opened a UPS account - postal service can't confirm delivery

The postal service fax got here very quickly. Unfortunately, they didn't have ANY delivery information for the 4 separate packages.

And what really bothers me it that they KNOW I paid for the signature service, but they don't even ask how I'd like the refund.

Looks like I need to take the fax and the receipts to the post-office, stand in line, probably fill out a 2 mile form, and then wait 6 months for a check. There've been several deliveries that weren't handled as per the services I purchased, I haven't requested a refund yet.

Screw the postal service. I just found out that my overnight mailings to the court are CHEAPER with UPS. And for $5 or so they'll pick it up and I don't have to drive 150 miles.

It really sucks that the postal service is a monopoly and won't allow private carriers to deliver ground mail. There's TONS of people around here who'd be more than happy to deliver mail.

I really don't understand how the postal service can refuse to deliver, subject people to late fees and ID theft, and PROHIBIT anyone else from doing what they refuse to do: deliver mail.

I think my filings HAVE to be mailed via postal service.

The postal service has the nerve to tell me that they screwed up and they don't even offer a refund!

Postal "service", outsourcing, cutbacks and automation

Finally got the Summons today - it took 8 days to get to Phoenix and back. According to Mary at the Court they process Summons on the same day received. Well, mine were stamped the 8th and postmarked the 9th. Seems like it takes 3 - 4 days to and from Phoenix.

My "local" post-office is a little contract station and it's about an hour round trip. The earliest you can pick up the mail is 3 pm, and you better not show up much later, because they close at 4 pm. On Mondays and after holidays, the afternoon hours are 3:30 pm - 4:00 pm.

Of course you could go in the morning, but then you only get the PREVIOUS day's mail. Apparently the mail arrives around noon, and they put it in the boxes after they close at 1 pm.

The only way to get a response to mail out on the same day would be to have your response and envelope ready, pick up the mail at 3 PM, and then immediately drive to Kingman. They're open till 5:30 there, it's about 90 miles and doable, as long as there aren't any storms and flash flood road closures. Not knowing that the Summons would actually get here, and having several mailings, I wasn't ready for that.

Of course they're not open on Saturday locally. So I thought I'd call the Kingman post-office. Looked them up on the net and got the (800) 275-8777. I must have listened to 15 VM options, somehow got to a person finally.

I asked why I can't get a direct # to my closest post-office, was told that's how they do things and I requested that my complaint about that be forwarded to management. She said she'd transfer me to a supervisor. And promptly hung up on me.

Called back and found that pushing 0 instead of listening to the VM crap, and on the next menu pushing 0 again, got me to a person, eventually.

This time I did get transferred to supervisor John, but not until after I explained my complaints.

I found out that they close at noon on Saturdays in Kingman, and he apologized for the hangup. He requested the person's name, but I didn't have it.

I asked about the signature confirmations I had paid for to mail to Fair Isaac, and online it showed only that the packages left the San Rafael facility on 7/28. He looked it up, told me he'd fax a confirmation, for all 4 mailings. Something didn't look right to him, he didn't know what I'd actually get, it's all automated.

Then I asked why my inquiry about these mailings at their web site was ignored. I had provided all 4 confirmation #s, at least a week ago, received no reply. He gave me another number to complain about web site problems: 800-344-7779.

Then I asked about the mail delivery here, and why I've been told by the Kingman post-office that I'd have to purchase a secure mailbox to put up by the road a few miles from my place for $1,600, it has numerous compartments that I can "rent out." He didn't think that was right and that I could find a much better deal on the net. And he finally gave me the number for the Kingman post-office: 928-753-2480. I need to talk to them and make sure that the delivery guy has a key.

I wasn't up for that call, I'm actually still waiting for a call back from about a year or two ago. You can't just put up a mailbox anywhere you like, it has to be where the driver can pull over safely and of course they want to limit the number of stops.

One time I requested they put a mailbox there for outgoing mailings, it really is ridiculous to have waste an hour just to mail a letter. Since there is a payphone and a little store, it seemed like a good idea to me. But, the post-office requires that at least 50 letters are in a mailbox every day, and they probably wouldn't get that. So instead of the delivery guy picking up outgoing mail (he stops there anyway) we have at least 20 people driving about 25 miles to get their bills out.

Everybody here scrambles to get their bills paid - you really have only a few days from the time you get the bill to the due date. You know how those creditors charge $35 late fees ...

Anyway, I'm not sure it's worth the hassle to buy a secure box. You have to wait till some dies or moves to get their space too. And they told me that they used to put those secure boxes up around Kingman and they got shot open a lot.

I've been accused of lying when I told people that they can't mail to my physical address because the post-office doesn't deliver. When I moved here, they even refused to give me a PO Box at the local contract station. I figured I had the RIGHT to at least get a PO Box. But that's not so.

I've read that the post-office wants to eliminate Saturday deliveries everywhere and obviously they're going the way of any business - outsourcing and getting rid of postal service employees. The local contract station employees frequently make a point of letting us know that they are NOT getting postal pay and benefits.

This is all so pathetic, I have people tell me how terrible things are in Mexico. Can it possibly be worse than this? I just can't see how.

Ex-Enron treasurer pleads guilty - gets 5 years

"BEN GLISAN, who earlier pleaded innocent to multiple charges of money laundering, wire fraud and conspiracy as part of a 109-count indictment against his one-time boss, former Enron finance chief Andrew Fastow, changed his plea to guilty on a single count of conspiracy.

U.S. District Judge Kenneth Hoyt then sentenced him to five years in prison."

Ex-Enron treasurer pleads guilty

Create YOUR creditor/CRA sites

I just read Corporate Strategies for Addressing Internet "Complaint" Sites

It's a few years old, but has a lot of interesting info. Does anyone have a CURRENT corporate strategy page?

Two Top Freddie Mac Execs to Be Fired

"WASHINGTON (AP) -- Two top executives who resigned from mortgage giant Freddie Mac amid accounting turmoil and federal investigations will be fired for alleged improper conduct, federal regulators said Thursday.
By reclassifying former chairman and CEO Leland Brendsel and ex-chief financial officer Vaughn Clark as terminated, the Office of Federal Housing Enterprise Oversight could reduce the millions of dollars in compensation granted to them."

and

"The housing oversight agency had already suspended payment of a total $83 million in compensation to Brendsel, Clarke and Glenn as it conducted its review. The packages include salary, bonus, company stock and stock options, pension benefits and deferred compensation. OFHEO suspended payment of $53.6 million to Brendsel, $28.5 million to Glenn and about $1 million to Clarke. The SEC also has raised concerns about the pay deals."

Two Top Freddie Mac Execs to Be Fired

UPDATE from Krohn & Moss

I spoke with Larry Smith:

As much as he would like to respond, he can't. Even though he no longer represents Johnna, the attorney client privilege still exists.

The CreditForum.org discussion

My 2nd e-mail to ACORN: Credit reporting and scoring

Hi again,

About 5 weeks ago I sent you an e-mail, but I haven't received a response.

And now I've had a rather disturbing comment posted below the posting of my mail to you at creditsuit.org:

-------------------------------------------

I just want to let you know that ACORN has basically dropped doing anything about Household, regardless of what is on most of their website. They now suggest that people settle for the ludicrously small amounts from the $484 Million being distributed by the states. They have now turned their attention to Wells Fargo and left Household victims hanging.

I can think of several things: 1) they were paid off; 2) they were scared off; 3) they really think it's hopeless; 4) they can now get more publicity out of nagging Wells Fargo.

I'm bitter because several months ago they were telling folks NOT to sign the settlement agreement paper and give up the right to sue. They did a complete turnaround. I am fuming. I always thought they would be there for us Household victims. Sorry if I sound mad but if you lost your house, your credit rating and almost your sanity, you probably would feel the same.

An auto dealer made a minimum of 4 hard pulls without permission on both my hubby's and my credit files and it looks like we are going to have to go it alone in trying to get deletions/sue. Guess who is on there with the auto dealer: Household Automotive.
I wish you all the luck in the world. You deserve to win. These scumbags have done enough damage. Household needs to bite the dust.

Posted by: Sharon Hutchinson at August 29, 2003 02:05 PM

----------------------------------------------

Last week I filed my Objection to Craig Smith's (CEO Experian) Motion to Dismiss. Writing my Responsive Memorandum, it really seemed like everybody is corrupt. Everywhere I look it's all about profits and $$$$. The entire Responsive Memorandum is posted at http://forum.creditcourt.com/discus/messages/803/2113.html

I thought ACORN is a real non profit, truly helping people. And now it's beginning to look like ACORN is part of this corrupt system.

Please tell me that I'm wrong!

Christine Baker

c: posted at www.creditsuit.org

-----------------------------------------

For your reference, my 7/28/03 mail:

Hi,

I just searched your site but can't find much about credit reporting. Considering that the #1 reason for predatory lending is low credit scores, I'm wondering why I don't see anything about credit reporting and scoring.

My Phoenix district court complaint against 28 defendants including Fair Isaac, the CRAs, creditors, collectors and the FRB RIchmond, FTC and FCC as well as the Motions are published at http://forum.creditcourt.com/discus/messages/803/803.html, the chronological documentation is at http://www.creditsuit.org/.

As much as I applaud your efforts, it seems to me that as long as the defective credit reporting system forces consumers into high rate loans, nothing will ever get better.

You fight for a living wage, only so that people then can spend $200+ every year to monitor their credit reports?

Don't you realize that many people pay higher insurance rates or get declined because their credit scores are low?

See http://creditforum.org/forumdisplay.php?s=&forumid=22 for relevant documentation, and here is a scanned USAA notification of higher insurance rates due to credit scores: http://forum.creditcourt.com/discus/messages/1414/1523.html

Am I missing something?

Christine Baker

c: posted at CreditSuit.org

"DO NOT USE KROHN & MOSS! STAY AWAY!!!!!"

What a shocking posting. Not a day goes by when I don't have another reality check.

"DO NOT USE KROHN & MOSS! STAY AWAY!!!!!"

Things are bad, really really bad for American consumers.

I'm sending a copy of this posting to Larry Smith at Krohn & Moss for comments.

The Department of Justice kept hanging up on me

The Phoenix Pro Se instructions state that I have to send my complaint to the FCC and FTC, and a copy to the Attorney General. I called the DOJ Office of Legal Counsel at (202) 514-2051 to find out where exactly to send my complaint.

A woman answered the phone and told me that they write only Opinions, that she doesn't know where to send my complaint and that I should probably send it to their general address. Of course I need to know for sure, but she told me she was busy and didn't know, and hung up on me!

I called back and asked for her name. She refused and hung up on me again. The next time I told her that I was recording, and that I'd like to speak to her supervisor, she hung up again. Then I told her that I have a redial button on my phone, her reply was that she has a hang up button. We did that for a while, at one point she told me that they are not allowed to give out their name.

Eventually she transferred me. The guy who picked up was at the general switchboard, and I asked him who that woman was. He had no idea where the call came from or why she wouldn't give her name. I asked whether anybody in the government knows anything, there was a long pause, and finally he said "sometimes."

I liked his sense of humor, told him about my complaint, and I'm supposed to address it to Mr. Ashcroft himself.

What a show!

Last night I watched a lightening storm for a while from my hammock, it was wild. I'm in Joshua Tree country and the shilouettes of the trees is just fascinating. It didn't occur to me that it was heading my way, the wind usually comes from the South in summer and the storm was North of me.

When the thunder got louder, I first unplugged the computer, then the power backup, finally even unplugged the camper and turned off the power outside. I've never done that before, but I've also never seen lightening like last night.

Once it got real close I went inside Ever since I smelled the lightening sulfur a couple years ago while "enjoying" a storm on the porch, I've gotten a little more careful. I didn't see so well inside, finally had the great idea to sit in truck. I barely got in the truck when it started raining too. But what a show!

Lightening often hit the ground in 2 or 3 places simultaneously, and there was never more than a few seconds of darkness. The only drawback was that I couldn't see what was going on above me. Once most of the action was West of me, I went in the camer on the loft bed and from there I had the PERFECT view including UP. Lightening would zigzag across the sky above, I have never seen anything like that. There's a big Joshie about 50 feet to the West of the camper and it was just so pretty, illuminated from behind and above.

I take a storm like that over any movie.

Mexican Judge orders arrest of insurance company managers

"AMSTERDAM/MEXICO CITY, Aug 29 (Reuters) - Dutch insurer ING expressed amazement on Friday that a judge had frozen its Mexican unit's bank accounts and ordered the arrest of managers amid a legal row with a local mining firm."

That's the kind of actions I'd like to see by American judges!

There should be a law requiring insurers to pay whatever their offer is IMMEDIATELY. They always make these low offers, hoping that the insured NEEDS the money and HAS to settle.

UPDATE - Mexican judge freezes ING funds, arrests managers

http://biz.yahoo.com/rc/030829/financial_ing_mexico_5.html

Friday August 29, 2:02 pm ET
By Melanie Cheary and Alistair Bell

(Updates with detail paragraph 2, ING comment 4, ADR price 10)
AMSTERDAM/MEXICO CITY, Aug 29 (Reuters) - Dutch insurer ING (Amsterdam:ING.AS - News; NYSE:ING - News) expressed amazement on Friday that a judge had frozen its Mexican unit's bank accounts and ordered the arrest of managers amid a legal row with a local mining firm.

A judge in the southern Mexican state of Morelos blocked the bank accounts of leading Mexican insurance company ING Comercial America up to a limit of $300 million, the latest move in a legal dispute with local mining company Grupo Fertinal.

"We are highly astonished by these legal procedures. It's different to what is usual in the international business environment," said Dailah Nihot, spokeswoman for ING, Europe's fourth-biggest insurer by premium income. "An arrest warrant has been issued for a number of managers."

Nihot said ING has made arrangements to provide cash flow to cover all of its obligations in Mexico, including claims and payroll.

Analysts were equally surprised by the judge's actions.

"It looks very drastic and it's very difficult from the Netherlands to assess something like this. This seems a bizarre situation. A whole business can't really be run without its accounts," said Bank Oyens & van Eeghen analyst Ivo Geijsen.

ING Comercial America, with about $5 billion in assets under management, is being sued for $300 million by Fertinal, which claims ING failed to pay out after the Mexican company's installations were damaged in a 2001 hurricane.

Nihot said it was normal in the insurance business for there to be a dispute over the size of a claim and a neutral party was regularly asked to mediate. She said the Dutch group was surprised that the issue had been taken to a criminal court.

"We have always said we are able and committed to paying the claim. The claim was not on issue. The amount is still being settled," Nihot said.

ING's American Depositary Receipt (ADR) traded off 11 cents or less than 1 percent at $19.60 in New York in afternoon dealings. (Additional reporting by Noel Randewich)

Bullshit Bingo

This seems like an appropriate posting after these hours of reviewing Experian/GUS reports and announcements.

Jon Carroll in the San Francisco Chronicle:

I have no idea who invented this game, but I will give credit
when it is claimed with proof of authenticity. It was passed
on to me by Joan Steinberg, who works at Morgan Stanley in
New York. As follows:

"Do you keep falling asleep in meetings and seminars? What
about those long and boring conference calls? Here's a way to
change all of that.

"1. Before (or during) your next meeting, seminar, or
conference call, prepare yourself by drawing a square. I find
that 5" x 5" is a good size. Divide the card into columns --
five across and five down. That will give you one-inch
blocks.

"2. Write one of the following words/phrases in each block:
synergy, strategic fit, core competencies, best practice,
bottom line, revisit, expeditious, 24/7, out of the loop,
benchmark, value-added, proactive, win-win, think outside the
box, fast track, result-driven, empower (or empowerment),
knowledge base, at the end of the day, touch base, mind-set,
client focus(ed), paradigm, game plan, leverage.

"3. Check off the appropriate block when you hear one of
those words/phrases.

"4. When you get five blocks horizontally, vertically, or
diagonally, stand up and shout BULLSHIT!

"Here are testimonials from satisfied Bullshit Bingo players:

" 'I had been in the meeting for only five minutes when I
won.' -- Adam W., Atlanta

" 'My attention span at meetings has improved dramatically.' -
- David, Florida

" 'What a gas! Meetings will never be the same for me after
my first win.' - - Dan J., New York City

" 'The atmosphere was tense in the last process meeting as 14
of us waited for the fifth box.' -- Ben G., Denver

" 'The speaker was stunned as eight of us screamed BULLSHIT!
for the third time in two hours.' -- Anonymous"

AZ - Unlicensed Practice of Law legislation effective 7/1/03

They SHOULD have focused on disbarring the incompetent and corrupt lawyers instead of making legal services unavailable to people who aren't rich.

I just couldn't believe it when that liar Joseph Udall, licensed AZ attorney, told me they would not file a counter suit if my client paid her charge-off, she IMMEDIATELY paid IN FULL, I advised him accordingly, and he filed the counter suit anyway, KNOWING that payment in full had been made!

Udall's VM mp3 and our correspondence.

That's AZ practice of law - licensed to lie, CONDONED by the Bar. I was told there was nothing wrong with that.

Here's the link to the AZ State Bar Fact Sheet on the new legislation:

http://www.azbar.org/StateBarInfo/FactSheet.cfm

And here's the commentary by "ethicalEsq? advocating client-centered legal ethics"

Homelessness grows as more live check-to-check

Homelessness grows as more live check-to-check

By Stephanie Armour, USA TODAY

"Homelessness in major cities is escalating as more laid-off workers already living paycheck-to-paycheck wind up on the streets or in shelters.

As Americans file for bankruptcy in record numbers and credit card debt explodes, more workers are a paycheck away from losing their homes. Now the frail economy is pushing them over the edge."

"Mounting debt. Consumer debt is growing, and more homeowners are taking out loans to pay credit card debts. Foreclosures are up. Last year, there were 1.5 million bankruptcy filings by individuals — the highest on record — up from 289,000 non-business filings in 1980, according to the American Bankruptcy Institute."

It's really unbelievable that people can't keep there houses with those LOW interest rates.

What do you think will happen when rates go up?

Top 20 search phrases

While I'm printing more complaints so I can get the rest of the defendants served, I had a look at the web stats for the month, and American Agencies is the clear leader:

1 8 25.00% american agencies
2 3 9.38% consumerinfo.com
3 3 9.38% equifax suit
4 2 6.25% how are credit scores arrived
5 1 3.12% amanda lewis attorney california
american agencies credit
consumer rights bay area credit service (the Pac Bell collector who almost had me arrested)
credit card collection law suit
creditdata president
equifax csc fraud
mci suit
mci worldcom fraud
nelnet
nelnet problem
nelnet screwed my credit
obtained my credit reports without a permissible purpose
providian
providian complaints
suit near fcra near experian

Tried to order 5 reports, got one

First I went to Fair Isaac to order all 3 reports with the scores. After answering numerous security questions, I received only Experian.

It's the hugest waste of paper you can imagine. Entire pages filled with "OK/Unknown" and the accounts are in random order, it's almost impossible to find what you're looking for.

The credit scoring info is pathetic:

"The average proportion of balances to credit limits on revolving/charge accounts carried by U.S. consumers is around 32%."

Who gives a damn? Not me!

There is no mention what MY B/L ratio is.

What a waste of time and money. The report is also missing all inquiries other than what credit scores see, i.e. no softs at all and no hards over 1 year.

26 pages of fine paper + ink wasted for 17 accounts. That about 1.5 pages PER account!

TU and Equifax declined.

Went to Equifax to order there. Order declined.

Went to Experian CreditExpert. Down for upgrades.

Who is Glenda Black?

Beats me! I got her mail today.

I think that often the late delivery of mail is due to people bringing MISdelivered mail back to the postoffice.

My e-mail to ACORN

I just realized that ACORN (Association of Community Organizations for Reform Now) is a huge organization, dedicated to fight predatory lending, for a living wage, etc. There's a TON of great stuff on Household and Wells Fargo:

http://acorn.org/

It's VERY strange that they ignore the credit reporting and scoring system, so I sent them a quick e-mail:

Hi,

I just searched your site but can't find much about credit reporting. Considering that the #1 reason for predatory lending is low credit scores, I'm wondering why I don't see anything about credit reporting and scoring.

My Phoenix district court complaint against 28 defendants including Fair Isaac, the CRAs, creditors, collectors and the FRB RIchmond, FTC and FCC as well as the Motions are published at http://forum.creditcourt.com/discus/messages/803/803.html, the chronological documentation is at http://www.creditsuit.org/.

As much as I applaud your efforts, it seems to me that as long as the defective credit reporting system forces consumers into high rate loans, nothing will ever get better.

You fight for a living wage, only so that people then can spend $200+ every year to monitor their credit reports?

Don't you realize that many people pay higher insurance rates or get declined because their credit scores are low?

See http://creditforum.org/forumdisplay.php?s=&forumid=22 for relevant documentation, and here is a scanned USAA notification of higher insurance rates due to credit scores: http://forum.creditcourt.com/discus/messages/1414/1523.html

Am I missing something?

Christine Baker

c: posted at CreditSuit.org

MCI (WorldCom) more FRAUD

MCI Faces Federal Fraud Inquiry on Fees for Long-Distance Calls

"The investigation is based on internal documents and information from former MCI executives and three other telephone companies: AT&T, SBC Communications and Verizon. They have provided significant technical evidence that shows, they say, that MCI is continuing to avoid paying access charges through the scheme, according to people involved in the inquiry. "

This article interests me for several reasons:

* I'm suing Verizon because they attempted to defraud me due to accounting "irregularities."

* I'm suing Pacific Bell (SBC) because they attempted to defraud me due to accounting "irregularities."

* If I knew how, I'd name AT&T, because they became my long distance carrier about a year ago on my fax line and it's beyond belief how they lied to me and how incompentent they are and how they are overbilling. Of course I've wasted my time listening to their lies and I have been sending AT&T MORE of my CASH than I owe!

AT&T IGNORED my billing dispute.

And so did Frontiernet, my local phone company.

They are ALL crooks!

It bothers me tremendously that the socalled regulatory agencies only "regulate" when comanies, rich people and shareholders are defrauded.

No wonder they drag their feet, hoping I'll die or something ...

It's a miracle this Mojave Green didn't bite me.

This beautiful snake rattled instead striking me.

It looked like it was considering leaving my place when the bullet hit.

It died because it was so courteous and communicated with me.

Is that what Pacific Bell and American Agencies are afraid of?

Would a pearl fall out of their crowns if they gave me 30 seconds of their time, signed that Waiver and mailed it back to me in the self-addressed stamped envelope?

Would I pull the trigger and blow their brains out if they lowered themselves to communicate with me?

The way they act, one could think so.

They hope I'll die if they can avoid me long enough?

A couple days ago, I picked up the camping chair and I did NOT see the snake. I came within a few inches of stepping on it, twice, I did not notice it until it rattled.

I could be in the hospital right now, wondering how to pay for the $8,000 helicopter ride and of course enormous hospital bills, wishing I HAD died.

I should have given the snake a chance to leave, just like it gave me a chance to leave.

After years of warnings about their two possibly deadly venoms, especially for dogs, I overreacted.

But then again, it could have bit me or the dogs later.

Tough choice. I may have to make this decision again, Mojave Greens are NOT rare around here.

Hope my luck holds.

Filed complaint on 3/19/03 in Phoenix

Since early February I had severely limited my paid work and I tried to concentrate on working on the complaint. Still, between e-mail and forum postings, it seemed like I barely made any progress. I was very glad when I when creditboards.com opened and I could limit my credit forum to followup postings.

Because the SOL for FDCPA violations is only 1 year, and I wasn't about to let American Agencies get away with their blatant violations, I absolutely had to get done.

I was listening to XM's Bluesville, trying not to get depressed over the legalese I didn't understand and the tremendous amount of documents I was trying to sort through. I had no idea how complex my case is until I tried to put it all on paper.

I was worried that the complaint was too long, but the court clerk even asked around and then assured me that there was no limit on the number of pages. I tried various fonts, and managed to reduce it to 66 pages from over 80 just by changing font.

Then I realized that I couldn't staple the complaint, not even with the brand new heavy duty stapler. I read the Pro Se instructions again and learned that you do NOT staple the complaints filed with the court. The binder clips work well.

For some strange reason I also felt that I had to file before the Iraqi war began.

Around 2 am on 3/19 I finally said "that's it" and I printed 3 sets of the final version and headed for Phoenix. (The complaint in Word format or by defendant/subject)

It was a beautiful drive on 93, I just love driving through the desert. After getting lost a few times in Phoenix, I was at the courthouse around 8 AM. Had to wait till the clerk's office opened at 8:30, and I was so relieved when they put that stamp on my filing. I had taken my notebook along just in case something was wrong, so I could go to a Kinko's to fix it.

It was also quite satisfying to use the Capital One card to pay the $150 filing fee.

Back in my truck, I started looking for my keys and found them in my pants pocket. While I had to go through the metal detector to enter the courthouse, it sure didn't detect those keys.

I stopped at a big mall outside Phoenix to do my monthly shopping, Walmart, Home Depot, food, etc. and it was afternoon when I headed home. There's a place called "Baghdad" 15 miles off 93, I was very tempted to check it out. But common sense kicked in, I was tired, didn't bring my tent and really had tons of work waiting for me.

I was only home for about an hour when the bombing started.

Summary of credit events leading up to my suit

In the late 80s I became a real estate agent specializing in first-time buyer representation. In 92 I got my real estate broker license and I was also brokering mortgages. In 1994, as minimum Fair Isaac credit scores became mandatory for FNMA, FHLMC and jumbo loans, my clients were no longer able to obtain financing.

We got decline after decline due to the credit scores, even though some of my clients had worked on paying off those old charge-offs and collections for literally over a year. On the high priced San Francisco Peninsula, FHA and VA loans were not an option due to the low loan limits.

In 1995 I quit the real estate and loan business, and while there were other contributing factors, the credit score requirements were a major reason. I refused to force my clients into high rate B and C rated mortgages.

In 1996 I declared bankruptcy and discharged all my credit card debts. Of course I knew how important it was to maintain impeccable payment history especially with the bankruptcy.

I almost lost my home to Home Savings (now Washington Mutual) as they were foreclosing even though I had made every single payment by the end of the grace period. I paid someone to deal with those morons at Home Savings, and over $2,000 later Home Savings wrote a check for those expenses.

On 11/1/1996, Bank of America had processed my check for my Pacific Bell phone bill, and according to the cancelled check, the $127.36 were deposited into Pacific Bell's account.

However, I never got credit for this payment. I called and faxed, I was ASSURED they would research. When I finally terminated my phone service with Pacific Bell in December 1997 as I moved out and rented the house, I still didn't have the credit. For a year I had been charged late fees.

Then the collection letters from Bay Area Credit Service in San Jose, Cal arrived. Again I called in and faxed my disputes, I faxed and mailed certified the cancelled check. The result was more collection letters, and on the phone they told me that my cancelled check wasn't good enough. I requested they notify me in writing, but they didn't.

In June of 1998, I finally drove to their office. Riley Goodhart looked up the cancelled check in my file and told me that it wasn't good enough.

I requested his written statement and he refused. I told him I wouldn't leave until I had his written statement. He pointed a chair and told me I could sit there all day. To make a long story short, I almost got arrested. The police report should be available from the SJPD.

Needing some time to think and to consider my options, I drove to Long Beach, WA for the 4th of July. I knew that there was no use in trying to refinance my $290K mortgage, moving back in my house was not an option.

No lender would refinance my house with a lower rate. There I was, 2 years after the discharge, I had jumped through hoops to maintain my excellent credit rating, always paid my mortgage, student loan and Sears card, I didn't have a single late payment, I had re-established credit with two new credit cards, but there was this brand new collection.

My credit was destroyed.

I considered everything from suicide to murdering all those bastards, the collectors and the politicians who allow this to happen. Having spent so much time on the Transamerica case, I knew that it wasn't just my bad luck.

And then a strange thing happened. The beach was deserted, it was very windy. After my dog went for a run in the ocean, we headed back for the campground across the dunes. A guy was walking towards Long Beach and I decided to ask him whether he knew when and where the fireworks were going to happen. He didn't know, but I ended up inviting him to the campground as my guest, he lived in his van.

He was from NY or NJ, and he had spent several summers working in Alaska. He told me how he just wasn't into material things, he was content living a humble life. A real cool guy, I haven't met anyone like him since. If I hadn't recently found some pictures, I'd say he didn't exist.

So I let everybody live, and I decided to sell my house and travel.

I had NO idea that I could have sued for FDCPA violations. I didn't even know that the FDCPA existed. While the collection letter advised me of my right to dispute, and I DID dispute, it obviously didn't do me any good.

Why doesn't the law require collection letters to include an URL to a plain English web site about the FDCPA? Why not tell consumers what their rights ARE?

After I sold the house in late 1998, I went to AZ to buy a camper. I had many thousands at Union Bank of California, but when I tried to open a checking account at Bank One in Cottonwood I was declined. I had to drive back to San Francisco to find out that Home Savings made another error and report me to ChexSystems for a debt that didn't exist, I didn't write any bad checks. It was 1/99 by the time I finally got to buy my truck and camper.

I also had paid off my Orchard credit card (now Household) as soon as I got the check for the house. Several times I had notified them of my new address, I put the "x" in the checkbox on their payment coupon, still have the photo copy. In spring 1999 I visited friends in Santa Fe, got my mail forwarded, and found out about the very DELINQUENT Orchard Bank account. They had billed the annual fee, I didn't get the bill until months later because they failed to change the address, and of course you can't pay what you don't know you owe.

After over an hour on the phone from my friends' house, and speaking to numerous supervisors, they assured me that no delinquencies would be reported and they waived some late fees.

In early August of 2000 my truck's engine died near Calgary on my way to Alaska. A new diesel engine was $6k, I decided to buy a new truck instead. I got all the cash advances I could from my credit cards and a relative who still owed me mailed a $4,000 check to my bank so I could continue my trip.

When I got to Alaska in late August and checked my account balance, there were less than $200 in my account. Netbank had returned the $4K check undeposited because it was a credit card cash advance check.

Have you ever heard of something so crazy?

So I rented power and use of a phone line to try to figure out what to do and maybe get a title loan on the new (used) truck. I ordered an online credit report and I was shocked to see the Orchard charge-off. I e-mailed Orchard and on 9/8/00 I got a letter from Terry Watson, Compliance Department Orchard Bank, apologizing and assuring me that the account would be deleted.

On 9/18/00 Equifax verified the chargeoff. Fortunately, my relative did whatever was necessary to get some cash in my account by late September, and I didn't have to spend the winter in Alaska in a camper.

On 5/9/01, Experian still reported the Orchard charge-off. On 6/12/01 I filed a small claims complaint against Household, apparently they purchased Orchard. They didn't answer the complaint, but my default judgment was dismissed because I mailed the summons certified, but not *restricted delivery.* In October 2001 I wrote a Planetfeedback.com letter, in response Mr. Watson apologized and he requested the legal documents. I faxed those with a request for an explanation on 10/29/01. I don't see anything else in my Orchard file and I don't remember what happened, if anything.

On 6/23/01 I ordered my online ConsumerInfo.com trimerged report because Experian did not provide online access to Arizona residents. Later it was mentioned at the BayHouse forum at Bayhouse - consumerinfo.com that the inquiry appears to be a "hard," i.e. a score lowering inquiry on the Equifax report. I wrote to Consumerinfo.com's Barbara Coursey in March 2002 about this problem. I didn't get a reply.

Trans Union lists the "FAC/Consumerinfo.com" inquiry with the "hard" inquiries and their attorney Amanda Lewis (in connection with my small claims suit) stated that ALL TU reports ordered by consumers from sources OTHER than TU are correctly reported to creditors and Fair Isaac.

Inquiries are a HUGE issue. Experian will NOT disclose which inquiries are promos - there is no way for a consumer to determine whether someone obtained the Experian report without a permissible purpose.

Equifax routinely uses inquiry codes NOT explained on the report, leaving consumers to guess whether the inquiry lowers their scores.

I asked Experian's Carla Blair about inquiries during my 2002 small claims suit for COMPLETE reports, but she ignored all my faxes and lied to the mediator. I dismissed my suit.

In 2001 I also discovered that American Agencies and Professional Recovery were reporting the Pacific Bell collection. When Ms. Lewis investigated Professional Recovery, they VERIFIED the collection. As per TU's initial disclosure document TU00063:

"Creditor was informed by the client - Pacific Bell to transfer acct. to American Agencies. Creditor does not have a date of transfer."

I have NEVER seen a "transferred" collection on any report. My luck sure is unique.

I then disputed with Professional Recovery, and they subsequently promised deletion. However, it wasn't until 4/16/02 when Ms. Lewis finally informed me that "It appears that Professional Recovery deleted the account from your file." So, apparently Professional Recovery did NOT delete, but didn't respond to Ms. Lewis' 2nd investigation.

This is really important because

1) TU should have DELETED the collection when they were notified that the collection had been transferred and

2) Professional Recovery should have never reported a collection as "transferred."

American Agencies was reporting this collection to Experian and Equifax. The gruesome details about my MANY disputes and the subsequent small claims suit are at "My American Agencies small claims suit" [not currently published due to the pending litigation.] They continued to report this collection even AFTER they were served and they ignored all my faxes as well as the mandatory mediation. They also were collecting without bond as required in Arizona. I dismissed the small claims suit.

Pacific Bell was successful in having my small claims complaint dismissed for venue. And at no time did Pacific Bell apologize. They did however call me from I believe Texas in spring 2002 and told me that they no longer owned the account, they "sold" it to American Agencies. My request to get this in writing was declined.

Compass Bank declined my checking account application in 6/01, *maybe* due to my TU credit report. I don't write bad checks and I pay my bills, I was very concerned since Netbank was closing all commercial accounts and I needed a new business checking account by October. Since that Home Savings "error" in 98, I had opened several bank accounts without any problems, but I was very concerned.

Via e-mail, Caroline Owens with Compass Bank promised a letter, but I never received a letter. My requests for an explanation were ignored. I finally sued, twice, in Kingman Kangaroo Court.

I accidentally filed a motion with the wrong case # and sent the correction to the court a few days later. Subsequently, Kangaroo Court Justice of the Peace John Taylor ordered me to pay Compass Bank's legal fees of $306, twice.

Why didn't I appeal? The deadline for appeal is 10 days from the date they MAILED the order. That's not a typo. 10 days from Kangaroo Court's mailing date, and I had NO idea that this decision was impending, as I had agreed to dismiss the case in my motion.

When I tried to pay the first judgment, I needed assistance from the Kingman police to get the Compass Bank lawyer Robert Brooks to accept my payment. Christmas Day I found the judgment on my Experian credit report. There was never a hearing for either case. That's "justice" in Arizona.

WHY is this adverse action letter so important?

Without a checking account people can't deposit a paycheck. They can't pay bills by check. The ability to open a checking account is MUCH more important than any credit. You can get a secured credit card anywhere. But you can NOT pay with a check without a checking account. It is practically impossible to prove payments if you don't have a cancelled check.

To date, I still don't know WHY Compass Bank declined my checking account application, why they didn't send the letter Caroline Owens promised, and why Compass Bank didn't provide me with an adverse action letter as required by the FCRA.

Strangely, Compass Bank DID open two checking accounts for me in 12/01 at their Kingman, AZ branch. All filings, documents and even pictures of the police event are posted at my Compass Bank small claims suits. [Currently not published due to litigation]

Providian also didn't send me the adverse action letter when they declined my PayPal credit card application. And they continue to report and VERIFY their re-aging of my bankruptcy: "Account History: Discharged Through BK Ch 7, 11, or 12 07/31/1996 to 07/31/2002" My bankruptcy was discharged in 1996, not 2002.

The major issue of my complaint is the conspiracy by the FTC, the credit bureaus, Fair Isaac and creditors such as Capital One. They dramatically lower credit scores by reporting revolving accounts without the credit limits and subsequently lowering the VERY important balance/limit ratio, and by lowering the credit scores due to inquiries.

Because there are so many FCRA violations by the credit bureaus I'll have to list those separately, as well as the detailed documentation to prove once and for all that paying your bills on time has very little to do with low interest and insurance rates.

I'm looking for an injunction prohibiting the use of Fair Isaac's credit scoring fraudware.

Another important issue is the CRAs' refusal to provide me with my user changeable PIN.

Many thousands of banks and online services have no problem doing so. I'm not sure yet how to incorporate this into my complaint, "negligent enablement of identity theft" comes to mind.

A * PIN * - the SIMPLE solution to prevent identity theft and unauthorized inquiries.

I'm also looking for a court order prohibiting the mailing of my credit reports as postal service mailings are NOT secure.

In recent months I received a phone bill and a Bank of America statement for people I do not know, the mailings were misdelivered into my PO box. Of course neither one of those mailings contained the person's social security number, DOB, physical address and listing of all credit card numbers - unlike my credit reports. I already requested that TU delete all my data, but so far they have been ignoring me.

My objective

While my suit may well be dismissed for technicalities or lack of funds and legal skills, the complaint WILL be filed. There WILL be a public record of my complaint, those who will be served will never be able to claim that they didn't know.

And while nobody may ever hold those thugs accountable, I do believe in Karma.

The damages suffered by the American people make the Enron and Worldcom frauds dwarf.