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Ameriquest invitation to submit counter proposal to the offer I rejected

Jeffrey Messing with Poli & Ball sent the invitation via first class AND certified mail, still looking for a complete release (all claims) and with a confidentiality provision.

This has me a little confused, my lack of legal experience shows again and I’ve never settled with anyone so hostile.

So here’s my analysis of the situation:

Everybody I’ve settled with apologized and made an effort to be pleasant.  They’d call and give me their bla bla bla, at times quite credible.

None of them had filed any motions and the paralegal from Providian was really likeable and probably doesn’t get paid nearly enough considering how much money she saved them. 

It’s like the good cop - bad cop tactic, and Ameriquest has only obnoxious and more obnoxious people, with the exception of the loan officer Beatrice who talked me into applying with them despite the spam and then lied about sending me the credit reports and is no longer with them.

So I don’t know why I should settle at all.  I don’t think that the issue is confidentiality, but that they will NOT admit guilt.

If you’ve been following the news on Ameriquest, they always settle NOT admitting any wrong doing.  I just read their answer to my 2nd amended complaint, they’re lunatics and deny the OBVIOUS and fully documented events, despite the recordings at the Fight Back!!! Ameriquest forum.

CitiGroup is offering $2.2 billion to settle Enron claims while not not admitting any wrong doing. It’s bizarre.

Ameriquest had previously offered $1,000.

My remaining claim is the failure to send the adverse action letter, that’s PRIOR to amending my complaint.  They know that I have two claims for obtaining my promo credit info from the CRAs twice.  That’s $2,000 in statutory damages - they “pre-qualified” me after Messing had stated in his offensive motion that no lender would approve me for any loan.

I really don’t want to settle at all with Ameriquest - I want to do discovery, find out what criteria they used to obtain my promo data (bk? credit card debt? combo? scores?) and I’d like to document for the world to see how they lied not only to me, but to the court.  I want their ADMISSIONS.

And I want to pave the way for a class action about the illegal promo inquiries - why hasn’t anyone filed *that* class action?  Due to the statutory damages, it might well put Ameriquest out of business—just like the $2.2 TRILLION class action put fax.com out of business.

So, I don’t think the issue is confidentiality at all.  Everybody else sold out to them, I have yet to see a judgment against Ameriquest.

I really have no incentive to sell out for a few thousand dollars.  It’s not going to buy me anything, I won’t go on that badly needed vacation, it won’t get me to Nicaragua, it won’t buy me a competent lawyer to pursue the other defendants—it’s just going to pay down credit card debt. 

And frankly, I really don’t care whether I owe a few thousand more or less.

T-Mobile also lacked a good cop and their attorney didn’t admit any wrong doing and told me they wouldn’t change their practices just because of me.  That didn’t go over well with me, I rejected their initial settlement offer for $2K with the confidentiality clause.  Over a year later, they sent the $3K offer of judgment and I accepted.

I had one credit inquiry w/o permissible purpose and maybe $50 in overcharges because they had failed to close my account as requested. $3,000 sounds about right considering that they hadn’t filed a motion to dismiss and didn’t cause a lot of work and aggravation for me.  They did ALL the paperwork for the court and the satisfaction of judgment, sent me everything for my sigs to send back to them, that was nice too.

If Ameriquest submitted an offer of judgment and I accepted, that won’t include their credit inquiries and I would immediately file a new complaint. 

I really see no reason to settle for a few thousand dollars, especially considering the aggravation they continue to cause by lying about the obvious.

Am I missing anything?

Update: My talk with Ameriquest attorney Messing