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2007 Appeal - Equifax, Capital One & Target

Monday, June 25, 2007

My appeal reply brief and Open Letter to the House Finance Committee members

I’ve been so busy, my head has been spinning.

Last Thursday my appeal reply brief was due.  On Tuesday I got sidetracked by the House Finance Committee hearing.  And I had to start using my backup computer as the hard drive on my main machine was failing, causing frequent unscheduled reboots.

Wednesday afternoon I got the new drive and while writing in my reply about the lying Capital One lawyers I was trying to reinstall Windows on the new drive.  It worked on 2nd attempt, and then the misery of reinstalling software ...

My mind was still on the congressional hearing and I ended up writing an open letter to the finance committee members and included it with my appeal brief. 

I’m so tired of all these lies, the defendants’ lies to the courts, the regulators’ lies to Congress.

I had NO idea it turned into a 13 page letter until I printed it on Thursday. 

That’s when I started to get the low ink warning messages and I needed 8 copies for the court and 6 for the defendants.  I just got a new printer and the ink cartridges I ordered require moving a chip from the original cartridge and I’ve never done this before.  It was amazing that I tried to print after I got back from the post-office and was out of ink before I printed the first page.  Talk about LUCK!  Well, that or God wanted me to get the brief mailed on time.

I’m so behind on posting, my discovery requests to Focus (they are mentioned in my Open Letter), the new complaint I filed against the CRAs and NCO et al and I have so much client work.  I’ll make an effort.

For starters, here’s my 6/21/07 open letter to the House Finance Committee—for everybody with any interest in credit reporting and scoring and especially people who wonder why their scores are low.

I had submitted the DRAFT version with my appeal, but this is essentially identical, I only fixed a few typos and I’ll submit it as it is now.  While still very incomplete, there is SO much wrong with credit reporting and scoring, the tough part will be getting legislators to read the “short” version.  And of course I’ll document the responses (or failure to respond) and it would be great if I wasn’t the only person working on this.

Sunday, June 10, 2007

Appeal: The Equifax response—Westlaw Dennis v. BEH-1

I finally scanned the Equifax filings.

They included the Westlaw printout for Dennis v. BEH-1,—F.3d ----, 2007 WL 1309560 (C.A.9 (Cal.))

This is a HORRIBLE decision by the 9th circuit court of appeals.

Dennis had disputed a judgment that had been entered in error and after he disputed it, Experian received the stipulation stating that no judgment would be entered.  As usually, the malicious morons at Experian refused to delete it DESPITE having the document in support of the consumer’s dispute.

According to this ruling, Dennis was supposed to have the court record corrected, he was supposed to know how to do this or have the cash for an attorney to do it.

And Experian can now LEGALLY ignore documentation substantiating consumer disputes and it can continue to ruin lives, cause divorces, illness and deaths.  LEGALLY!

This is truly horrible for EVERY one of the 200,000,000+ consumers with credit reports in America.  Just today I received an email from a reader who after MANY disputes was unable to get charge-offs and collections deleted with all three CRAs.  It’s ID theft or mixed files.  She was unable to find an attorney.  They once had perfect credit, now they get declined for auto and mortgage loans.

IT COULD HAPPEN TO YOU!

I don’t know how Dennis v. BEH-1 applies to my disputes of the missing Capital One credit limits or my other claims against Equifax, I haven’t been able to get myself to read the response.  It is just too aggravating.  After 4 years in federal court, still not having the limits reported and reading about the Dennis ruling, well, what can I say that won’t put me in jail?

Americans didn’t become independent because they sued the Queen,
Hitler wasn’t stopped by a court order
and the slaves weren’t freed because they voted for freedom.

Wake up America!

Time is running out. 

As these bizarre rulings come in, the CRAs will expand their already so successful efforts to artificially lower credit scores for many millions of consumers.

NOW is the time to ask Congress to step in.

Apparently the FCRA has to be amended to read that when a CRA has documentation supporting the consumer’s dispute, they have to correct or delete as per the consumer’s dispute.

It seems like a no brainer, but except for dissenting judge Kozinski, the majority did not feel that way.

NEWSFLASH:

Once the credit bureaus destroyed you financially and emotionally, you’ll be busy trying to raise the cash to feed yourself, getting enough gas in your car to make it to work and keeping from blowing your brains out.

If the American people who are capable and have the resources to make an effort to stop this madness do nothing, they get what they deserve.

I will be adding this issue to CreditLegislation and I’ll try to send it to a few legislators and presidential candidates.

Thursday, May 24, 2007

Cap One, Target and Equifax appeal response briefs and docket

I got the response briefs last week and unfortunately, my main printer/scanner with the auto document feeder recently broke and I just ordered a new one.  It sucks not to get the filings electronically. 

Don’t know whether I should try the character recognition thing again, was not happy with that in the past.  I make it easy for my defendants, they can just download my filings here.

The court of appeals told me that I have only 15 pages or 3000 words for my reply brief and only one reply for all 3.  So that’s 5 pages per defendant.

Since I have only 2 weeks from their filing, I thought my reply was due next week and I requested a 2-week extension yesterday, due now on 6/21.  I thought that was quite long and looked up the docket.  Target’s brief was deficient, the footnotes were too small, so that got me a few more days.

As soon as the new scanner gets here, I’ll post their filings.  And there was a reader who had offered to look up their cites, if you’re reading, please send me an email.

And here’s the latest docket: 5-24-07--docket.pdf

Tuesday, April 17, 2007

Appeal update:  Target, Equifax and Capital One requested extension

They’re all getting the automatic 14 day extension for their response briefs.  I wonder if I can get an extension for my replies. 

How can I possibly reply in about 10 days to 3 briefs?

I’ll barely have time to read them.

Friday, March 30, 2007

3/29/07 opening brief in the 9th circuit court of appeals re. Equifax, Capital One and Target

My 3/29/07 Opening Brief

I first filed my brief on 2/8/07, but it was 74 pages and the rules allow only 40 pages.  So I filed a motion for permission to file the 74 pages, but it was granted only in part, I had to reduce it to 45 pages.  It wasn’t easy, but overall I think it’s actually a much better brief now.

I don’t cite any case law and discuss other cases, my objective was to state what happened in district court by using extensive excerpts.  HOPEFULLY it will be easy to see the many INJUSTICES I suffered in district court.

Additionally, I emphasized the “21st century” issues that have not been litigated and need to be addressed by the courts and possibly legislators:

1) CRAs claim that you have to provide the credit reports received by third parties (creditors) to establish damages.

Of course that’s absurd since most creditors don’t even get credit reports, they get some credit score.

2) CRAs DELETE positive accounts 10 years after they were closed.

They have NO right to delete accounts, as they are supposed to produce COMPLETE reports.  This wasn’t an issue until credit scoring came along and ACCOUNT HISTORY is a MAJOR score factor.  People with very long credit history can get a brand new collection and STILL have FICO scores over 700 and the CRAs are obviously lowering credit scores by deleting positive accounts.

I also asked for the appeals court’s opinion regarding judges Wake’s hostility towards me, his attempts to intimidate me into NOT filing an amended complaint and his rulings in favor of the defendants despite their OBVIOUS lies.  If his rulings result in “justice”, the word needs to get a new definition.

Of course most of the brief is about the reporting of credit limits, Capital One’s failure to investigate and their deliberate reporting of incorrect data and the many Equifax violations.

Due to the page limitation, I couldn’t get into a lot of detail on many issues, but I do plan on filing replies to their responses.

I will try to post the addendum and the referenced exhibits.  I realized when I wrote the brief that I never posted the filings and exhibits regarding the Equifax motion for summary judgment and will try to do so. 

Unfortunately, I’m really broke and I have to get my old place ready for sale—unless people send some donations, I won’t have much time for this. 

I have exactly $0 for legal research and it’s highly unlikely that I’ll get a check from the sale of my place within the next couple months. It sure would be nice to be able to look up the cases they’ll cite in their response and maybe even have a few in support of my arguments.  Appreciate any help with that.