Pacific Bell ADMITS that they were aware of my dispute as of 1/29/97. In 2002, they got another reminder when they responded to my small claims complaint.
On 10/7/03, Zulkifli Iljas, Manager - Executive Office Appeals proudly announced in his Declaration that they SOLD this disputed debt "on or about 2/13/03" to American Agencies.
His Declaration, submitted to the Court under penalty of perjury, contains several false statements. He omitted ALL collection assignments and portrayed me as a deadbeat whose phone was shut off for nonpayment. That's of course NOT true.
I still have the original statements for the entire last year of service and I can prove that they had assigned the account for collection, I have their collection notices and credit reports.
I was trying to hold Pacific Bell liable for their collectors' actions, but since according to Mr. Zulkifli Iljas the account was never assigned for collection, that claim was dismissed.
There's the Declaration by Susan A. Johnson, VP, who read the allegations and has NO problem with the Pacific Bell billing fraud.
And there's Julie Wiedner, Corporate Manager in Texas and managing state income tax compliance. Her Declaration states that they haven't paid any income tax in Arizona.
Since Pacific Bell DEPOSITED my check, yet they failed to credit my account, did they pay tax on my payment?
I really wonder how my payment was accounted for. Does it happen a lot that payments are misapplied? They never investigate disputes?
With everything being automated these days, how can it be that they couldn't locate the payment?
They never looked for it?
I'd like to have the names of managers and officers in charge of procedures for the defendants. It's not some "corporation" that ruins your live, it's these PEOPLE!
Just because I'm not a shareholder, phone companies are NOT entitled to steal my money. I try not to think about the hundreds of thousands I lost because I had to sell my house in 1998 because of Pacific Bell.
It would be nice to have an attorney to file in California.
It sure isn't right that the consumer with no legal team and no legal skills and usually no money for an attorney has to go sue in another state.
And the bottom line is, I already work 100 hour weeks, I'm not superwoman, my day doesn't have enough hours.
I don't even know the Arizona rules, can't keep up with the filings as it is, how can I file a suit in California now?
|2/24/04 - Motion for Reconsideration Denial|
"As part of its analysis, the court specifically queried whether Pacific might have an agency relationship with American Agencies. ... The court found that no evidence had been submitted which evidenced an agency relationship between Pacific and American. ... Pacific rebutted the agency relationship theory with the declaration of Zulkifli Iljas ...." Read the the declaration and PLEASE tell me where the rebuttal is.
|Christine||1 ||1 ||02-24-04 11:15 pm|
|2/11/04 - Pacific Bell Objection to Motion for Reconsideration||Christine||1 ||1 ||02-24-04 11:33 pm|
|2/2/04 - My Declaration|
"I, Christine Baker, hereby declare that the statements in my Complaint and in my filings in the above referenced action are true and accurate to the best of my knowledge. I did not “photoshop” or otherwise alter or fabricate any documentation with the intent to deceive or misrepresent the facts. I deleted personal data, highlighted relevant portions and marked the exhibits and those alterations are obvious. ..."
|Christine||1 ||1 ||02-25-04 12:03 am|
|2/2/04 - Motion for Reconsideration|
"... Pacific Bell offered no documentation at all to substantiate the claims in Zulkifli Iljas’ Declaration, nor did it explain how American Agencies could not have been the agent of Pacific Bell. Plaintiff wants to hold Pacific Bell liable for the American Agencies actions prior to the sale, when American Agencies clearly was collecting for Pacific Bell as its agent. Pacific Bell apparently deliberately selects collection agencies utilizing illegal collection practices, routinely violating the FCRA and FDCPA, to increase recoveries from the alleged debtors. ..."
|Christine||1 ||1 ||02-24-04 11:03 pm|
|1/28/04 - Pacific Bell dismissed for lack of personal jurisdiction|
"... Baker has not submitted any affidavit or other competent evidence to carry her burden on this motion, and substantiate her claims to related to personal jurisdiction. ... [description of the events as per my complaint] ... It should be reiterated that despite the foregoing allegations, Plaintiff has not submitted any affidavit attesting to any of the matters alleged in her complaint. Pacific, on the other hand, has submitted the Declarations of three individuals in support of its argument ...."
|Christine||2 ||2 ||02-02-04 05:57 am|
|11/5/03 - My Objection and Responsive Memorandum|
I'm quite upset about Pacific Bell attorney Rathfon portraying me as a deadbeat in his Motion to Dismiss and I'm asking what the penalty for perjury is.
I am so sick of the lies!
|Christine||3 ||4 ||11-10-03 11:15 pm|
|10/7/03 - Pacific Bell Motion to Dismiss, Memorandum, Declarations|
19 pages of Motions, Memorandum, Declarations, Proof of Servcice and proposed Order.
|Christine||19 ||20 ||10-08-03 12:15 am|
|11/1/1996 - my cancelled check for $127.36|
Home Savings printed the check as I used online banking for all payments before and after 11/96. The cancelled check shows that it was deposited on 11/1/96 into the Pacific Bell Bank of America account and it even shows the correct phone number on the back of the check.
|Christine||1 ||1 ||10-08-03 02:45 pm|
|Excerpts from the complaint relevant to Pacific Bell||Christine||1 ||1 ||10-08-03 02:30 pm|
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