Credit bureau, creditor, collection and free speech litigation

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Topic Posts Pages Last Post Last Poster FAQ Registration and posting are disabled as I am using this site only to post the filings in my litigation. Please visit our NEW Liars and Cheats EXPOSED! FAQ Posting and registration are disabled - please check Liars and Cheats EXPOSED! and CreditFactors for the most current info! 61 17 01-30-06  03:01 pm Christine Recent Cases Baker v. Trans Union, TransUnion Interactive (True Credit), Verifacts et al Defendants: Trans Union LLC (credit reporting) TransUnion Interactive Inc (TrueCredit, incomplete credit reports) Verifacts Inc (skip tracer, obtained my credit report and failed to ID as collector when calling me for my address) Stacy Aull (Verifacts supervisor, denied that Verifacts is collector) Jane Doe (Verifacts employee, called to obtain my address without identifying as collector) 10/16/09 filed in AZ state court 3/1/10 removed by Trans Union to federal court 5/25/10: Arizona federal judge Neil W. Wake once again DISMISSED all my claims. I have no intention of wasting more of my precious time in this corrupt court. FIGHT BACK: If you're one of the MANY (near) judgment-proof Americans with large unsecured debts, STOP paying the national banks and take care of yourself and your friends and family instead of contributing to record profits for criminal bankers. I know that many people depend on their credit rating, but I find that it's simply not worth the aggravation and EXPENSE to try to maintain ACCURATE credit reports. The corrupt American legal system does NOT provide for any compensation for our time wasted on litigation. Unless you're WEALTHY and you can PAY a competent attorney, you're SCREWED. Focus on LEAVING this corrupt system as I do: High Desert Permaculture Yes, the credit bureaus' and collectors' vile misconduct kills people, but so do pesticides, chemical fertilizers, GMO food, high fructose corn syrup, Aspartame, MSG, factory farming, etc. etc. etc. I can't MAKE the credit bureaus comply with the law, but I CAN grow my own organic food and educate others. I'm thrilled to see so many neighbors growing food. I ENJOY gardening and living a much healthier life. However, I will continue to publicize systemic credit reporting, scoring and collection issues AS TIME PERMITS at Liars and Cheats EXPOSED! 13 14 06-23-10  05:55 pm Christine Dr. Hollander v. Christine Baker Dr. Hollander SUED to have all negative comments about her REMOVED from the internet. Dr. Hollander LIED under oath to get the court order she wanted. After a LONG battle, I won. 37 30 02-04-10  02:28 am Christine Baker v. I.C. System and collectors Dave, Karen and Turonda I offered to settle, but had to sue. Filed in local court to save $350 on filing fees and service and to be able to serve my discovery requests immediately. 7/25/08: I.C. System removed to Federal Court and CONTINUED to call me to collect 11/21/08: SETTLED! 12 13 10-06-08  10:16 pm Christine Baker v. United Online (NetZero) On 7/4/2006, I called Netzero to cancel their service. I ended up at the "save" department and my cancellation was refused. Finally I demanded that the account be closed and I hung up. One year later, my credit card was still charged $14.95 every month. So I sent my written request for a full refund and to finally close the account. Jenniffer Sterold, NetZero Customer Care, responded that they have no record of my cancellation request and she REFUSED to close my account as per my WRITTEN request, demanding that I call. If you've followed the AOL cancellation class actions, you know the drill. Of course I know how the corporate scum always lies, I RECORDED the cancellation call. I filed a small claims complaint, but would love to be the named plaintiff in a class action. This THEFT and FRAUD has to stop! 10/07: Attended mediation, did not settle and moved case to civil division so I can conduct discovery. Would still like to see a class action. 23 23 07-27-08  12:25 am Christine Baker v. Trans Union, Equifax, Experian, Dana Capital, NCO, Anthony Paduano and Vincent Sanfillippo The CRAs and NCO maliciously ignored my 2004 and 2005 complaints about Dana Capital providing credit reports to persons with no permissible purpose, the scummy mortgage brokers who are in part responsible for the subprime mortgage crisis. In 3/2007, I applied again for a mortgage with a junk faxer and AGAIN Dana Capital ran my credit. This suit documents that the regulators WANTED the subprime crisis to happen and that the credit bureaus couldn't possibly care less about who they sell your credit report to -- as long as they get paid. NCO also ran my credit for COLLECTION without ever collecting any debt and I'm not aware of any delinquent accounts. Trans Union also split my credit file, blocked and continues to block my myFICO credit reports, etc. 10/07: I had most defendants served, Dana Capital filed for involuntary bankruptcy and president Dana Smith also filed his Ch. 7. I could not serve Anthony Paduano and Vincent SanFilippo and that might be a good thing, I don't want to get beaten up. 8/4/08: My response to the Trans Union motion to dismiss contains indisputable evidence of the credit bureaus' role in creating the credit crisis. According to the NCO and TU discovery responses, they did NOTHING to investigate my complaint about illegal marketing, false mortgage advertising and Dana Capital allowing unlicensed criminals to use its account to obtain consumer credit reports. NCO still has access to consumer reports despite its failure to provide any permissible purpose to run my credit. Word on the street is that Anthony Paduano also still has access to credit reports - DESPITE this litigation. I settled with NCO, but the credit bureaus were dismissed. This just goes to document that the JUDGES are as guilty as the big corporations of destroying America and especially the middle class. The big corporations own the government and the courts. 55 62 04-30-09  05:51 pm Christine Hillis / Slack v. Equifax + Fair Isaac class action 5/2/07: My Objection to the settlement and attorneys fees 3 2 05-02-07  06:59 pm Christine Baker v. Focus Receivables and James Hurd 7/08: On appeal in the 9th circuit court of appeals. Assigned to Judge Neil Wake 5/16/07: Defendants NCO, Dana Capital, Equifax and Trans Union were dismissed for improper joinder 6/4/07: Was awarded costs of service of Focus, NCO, TU, Equifax and Dana Capital. 6/15/07: I filed my new complaint against the dismissed defendants. Focus Receivables Management and collector James Hurd are the remaining defendants 10/10/07: No settlement was reached at the case management conference. 12/07: Was awarded only my "out of pocket expenses" for my travel to Phoenix to attend the hearing regarding my motion for sanction after a month of filing motions and trying to get ANY response from Focus / Hurd attorney Cynthia Fulton. 2/08: Dismissed for alleged violation of confidentiality agreement. 42 59 03-04-09  02:38 pm Christine Baker v. Capital One, Equifax, Ameriquest and Target (RNB) I accepted the Target $2,500 offer of judgment for my remaining claim (I am appealing the order granting the MSJ re. reporting of the credit limits) and I settled with Ameriquest for $5,000. Target now reports the credit LIMITS not only in response to consumers dispute, but on all reports I've seen since in 2007. 8/29/06: Judge Neil V. Wake agrees that the failure to report credit limits lowers credit scores, but grants the Equifax and Capital One motions for summary judgment anyway. Apparently he believes that the legislators WANT consumers to suffer damages. I appealed and I am currently awaiting the appeals court's ruling. HOWEVER, Capital One is FINALLY reporting the credit LIMITS as of summer 2007. I can lose in court and STILL win! Finally, after 6 years of publicizing the atrocious Capital One credit reporting, filing complaints and suits, consumer attorneys filed class actions in 2006 against the CRAs to require THEM to report the LIMITS. Why did it take so long? Please visit CreditLegislation.org for documentation of many deliberate FCRA violations. 196 206 10-06-09  11:07 pm Christine Baker v. Fair Isaac, CRAs , American Agencies, Pacific Bell ... 11/10/08: Order Denying my Petition. Creating a NEW System If the Trado is widely circulated within a year, we have a really good chance of entirely ELIMINATING the need for commercial banks and credit bureaus. The old system with its corrupt judges and politicians will die. After all, when the PEOPLE stop funding the bailouts and corruption because they can get interest free loans at Trado and the government is bankrupt, the big corporations can only deceive and defraud each other. 10/3/08: my Petition for Panel Rehearing with Suggestion for Rehearing En Banc. Circuit judges TASHIMA, SILVERMAN, and N.R. SMITH won't let the truth stand in the way of their mandate to protect corporations and especially credit bureaus from consumers who dare to sue them. This decision is absolute proof of the judges' corruption: The DOCKET documents that Experian failed to comply with the local rules and the FCRA. The filings prove that Experian's Kimberly Hughes committed perjury. 3/19/03: filed complaint in Phoenix federal court. The blog with chronological updates at http://www.creditsuit.org/ It's been over 7 years and I feel 50 years older. I sure learned a lot. I finally dismissed my claims against the remaining defendants Experian and ConsumerInfo.com in exchange for the removal of my credit reports from PACER. After they filed my unredacted credit reports for download by the general public at 8 cents/page and judge Broomfield refused to order that my credit reports be sealed or at least redacted, I had no choice. I suppose I need to sue the court, Jones Day, Marc Carlson (the attorney who filed the reports) and Experian and ConsumerInfo.com in a new suit. I'm also appealing the order granting the American Agencies motion for summary judgment - granted in part because Experian's Kimberly Hughes declared that American Agencies did not receive my credit reports even though that's what my Experian credit reports clearly state. Notably, in the deposition Ms. Hughes finally admitted that American Agencies received my credit data. Experian routinely provides false declarations to get dismissals, not just on its own behalf, but to get clients such as American Agencies and Capital One dismissed. 486 532 11-19-08  06:46 pm Christine Closed / settled cases Baker v. Access Sales (aka fax.com) and many other junk faxers This complaint is not just about the fax spam, but also about the fact that most companies engaging in junk faxing are SCAMMERS. The junk faxing mortgage companies are in large part responsible for the subprime crisis. They advertised entirely false terms on these ILLEGAL faxes. The regulators refused to act on my complaints. Most of the defendants went bankrupt, including fax.com, CBSK (American Home Loans), Dana Capital Group and its president Dana Smith. 43 47 02-27-10  02:00 pm Christine Baker v. Midern Inc. (Sager Notebooks) 11/7/05: Bought notebook with TV tuner, never got the tuner, they denied that it was included in the sale. Then I had HORRIBLE static problems, could not use the computer without wearing a grounding wristband. A known problem, no fix. In summer 06 the space bar stopped working and I shipped it back to Sager. They refused to honor the warranty. I provided my credit card info, sent COUNTLESS emails, never got a response. 5/17/07: Filed the small claims complaint 6/12/07: Settled and dismissed. If only more companies would RESOLVE issues rather than litigate into eternity. The credit bureaus and most creditors and collectors just count on being able to litigate until you give up. 1 2 05-18-07  12:05 am Christine Baker v. First Magnus Financial DBA Great Southwest Mortgage On 8/29/05, I filed the small claims complaint. At the court ordered mediation, First Magnus denied liability and in 12/05, I had the case transferred to the civil division. On 1/5/06 I mailed my initial disclosures and discovery requests. I added RESPA violations: ILLEGAL KICKBACKS (the payment to the lead generator) and the junk faxed ad violates TILA and the Arizona Consumer Fraud Act (false advertising). The AZ Department of Financial Institutions REFUSED to investigate my complaint. THEY are responsible for the subprime mortgage crisis. 1/29/06: Corrupt Justice of the Peace John Taylor refused to allow me to conduct discovery and granted the First Magnus motion to dismiss and awarded $6,400 for attorneys' fees. I had to put up the cash for the superseadas bond and appealed. Just before Thanksgiving the superior court ruled in my favor and remanded back to justice court. I accepted the First Magnus settlement offer in mid December 2006. For more info: Settled with First Magnus—despite Kangaroo Court, corrupt judge John Taylor and regulators Update 4/25/07: A reader sent me the link to a HUD report, they are investigating First Magnus illegal kickbacks to real estate companies and developers -- apparently they don't know about the faxes. 12/07: First Magnus went out of business earlier this year. 7 8 07-27-08  04:52 pm Christine Searle v S&P Capital and Citifinancial Incorrectly reporting charge-off and obtained credit reports without permissible purpose. SETTLED - check the Motion for Injunctive Relief. 14 5 06-28-05  06:16 pm Christine Randy v. CRAs, First USA - Bank One, Fleet and Discover Bank One (First USA) deliberately reports incorrect charge-offs, balances and past due balances for discharged accounts and re-ages discharged accounts. 8/19/2003: Bank One insists that they are correctly reporting the DISCHARGED account with a DELINQUENT balance in response to an OCC complaint + they continue to access the credit file without any permissible purpose. 13 12 04-28-04  04:45 am Christine Crystal v. FNANB (Circuit City) FNANB is ** willfully ** running credit after Ch. 7 discharge After 8 months of trying to get the hard inquiries changed to soft inquiries, Crystal filed suit for 2 inquiries without permissible purpose. Her FNANB account had been discharged in 1996! 1/21/04: settled for $2,000 and deletion of the hard inquiries. 5 6 03-11-04  05:49 pm Christine AmeriCredit accounting FRAUD and PERJURY *** Regal Recovery's people banged on her door at 3:18 AM and she called the police. *** S.D.A.R.'s "Detective Zomora" misrepresented himself as POLICE at her husband's work and spoke about impending CRIMINAL charges to a co-worker. 4/10/03: Severson & Werson filed suit against Lynette for AmeriCredit, and Eddie Best, AmeriCredit Account Manager, committed perjury. 38 32 01-15-04  11:06 pm Christine Eleanor Chase v. First USA, Trans Union and Equifax Plaintiff attorney: Bybee -- Cause: FCRA filed in Phoenix federal district court 1/8/03 First USA re-aged a 1992 discharged account to a 1998 and 2000 collection/charge-off NOT "included" by TU and Equifax. Both CRAs VERIFIED this incorrect reporting after numerous disputes by Chase. 5/23/03: transcript of complaint in Word format 9/19/03: settled 18 17 03-10-04  05:23 pm Christine Wells Fargo & many other banks - Lynette is NOT the only one to be wrongfully foreclosed on! Lynette's published WF case proves that Wells Fargo committed perjury and fraud. They got away with it, and they will continue to get away with it until the victims go public, share their stories and unite to fight back. While California revoked the WF mortgage lending license, federal court ruled that they don't NEED a California license to do business in California and STATE consumer protection laws don't apply to national banks. 149 41 12-08-03  10:23 pm Christine Tyrelle v. Holloway Credit Holloway Credit Solutions refused to fully validate this PAID collection and pulled the credit file without a permissible purpose. Now in Alabama small claims. 22 24 03-03-03  04:34 pm Tyrelle NH Higher Ed (NHHEAF) re-aging ALL defaulted PAID student loans as a matter of policy As per their own letter, this loan defaulted in 1989, was paid in full in 1996, and they will continue to report until 2003 - in violation of the FCRA. In response to the small claims suit, they filed for dismissal and a motion for sanctions of $500 for harassment. Their attorney JOSEPH F. MUSUMECI referenced the FDCPA - NOT the FCRA! Is this what you can expect when you hire an attorney? 15 16 12-18-05  08:53 pm Christine Capital One - exempt from FCRA and Truth in Lending Act? How does an account with a $200 limit secured by a $99 deposit turn into a $650 charge-off? Joseph Udall, Mesa, AZ, attorney for Capital One, filed the countersuit for $650 + attorneys fees "likely to be significantly more than the $600 ..." KNOWING that the payment in full was already mailed. -- the suit was eventually settled for deletion. 5/07: YES, Capital One IS exempt from the Truth In Lending Act, no statements have to be sent after an account is charged off and they CAN continue to add interest at the default rate literally forever. Your only hope is that the statute of limitations in your state expires before they sue and that they can legally only report the charge-off for 7 years. The good news is that Capital One tends to verify incorrect information with the credit bureaus and that their collectors often violate the FDCPA, so you might get some legal claims. 33 30 01-27-04  02:23 pm Christine Capital One and Amerix, fka Genus Credit Management (collectors in disguise) After paying Capital One's collector NCO through Genus for almost 3 years, they thought they paid the charged off accounts in full. SURPRISE! Capital One claims that the payments barely covered the interest. Capital One never sent a single statement since the charge-off, and that's just FINE with the Federal Reserve Bank, Cap One's "regulator" 8/22/03: FINALLY a class action against a credit counseling outfit 37 29 10-15-03  11:19 pm Christine Wells Fargo Bank v. Robex, Inc. and Rebecca Adams This case is now in Iowa Supreme Court after the District Court had ruled that there was nothing wrong with Wells Fargo's "creative accounting" and fabrication of documents. Becky is representing herself. 10 9 06-09-05  03:57 pm Warweary Common violations by the CRAs, Fair Isaac, creditors, collectors and regulators. Reference materials, research and reader submitted evidence of violations. Exhibits for my federal suit Please post any comments, questions and answers in the discussion forum above and submit evidence by faxing to 571-222-1000 or e-mail christine@bayhouse.com Equifax Effectively re-aging collections and charge-offs by reporting collections as OPEN with the tradelines instead of in the collection section, reporting many late payments without dates *** Equifax REFUSES to provide consumer disclosure when sued. In my case, prior to being served. 21 15 10-19-03  04:06 pm Christine Equifax and CSC WILLFUL Enablement of Identity Theft CSC and Equifax KNOWINGLY send credit reports containing ALL identifying information including addresses, DOB, SSN, employer info and all accounts to INCORRECT addresses! Why do they do something so stupid? Because it PAYS! Consumers purchase the Equifax credit monitoring service "Credit Watch" to find out when they became a victim of Identity Theft. 8/19/03: CSC sent the investigation results to the OLD address again!!! 19 19 12-05-03  12:02 am Christine Trans Union Failure to provide FCRA mandated consumer rights disclosures, illegal and deceptive practices, failure to provide investigation procedures, failure to consider consumer documentation, failure to list aging dates for collections, failure to list dates for late payments, incorrectly coding CONSUMER disclosures as HARD score lowering inquiries (consumerinfo.com, knowingly providing access to consumer records to suspended corporations and less than reputable collectors, ignoring the FCRA and State Unfair and Deceptive Practices Acts. At Trans Union, ANYTHING goes as long as it increases profits. 31 30 02-07-04  08:53 pm Christine Experian - ConsumerInfo.com - CreditExpert.com 9/24/03: Since I filed my suit on 3/19/03, I discovered that Experian owned ConsumerInfo.com is selling consumer disclosures to consumers and resellers such as PrivacyGuard in violation of the FCRA. None of the bureaus terminated access to ConsumerInfo.com as I requested. Everybody knows that consumers are being defrauded on a daily basis, and I've put Craig Smith, CEO Experian worldwide, on notice. ConsumerInfo.com advertised and CONTINUES to advertise the "MOST complete personal credit information available." Not only are Experian and their CEO Craig Smith willfully and intentionally violating the FCRA, but this is FRAUD by any standard! 15 16 09-26-03  05:27 am Christine Snake oil scores: CreditXpert and bureau scores Why does Experian sell CreditXpert (Neuristics) fake scores instead of their own Experian scores or Fair Isaac's scores? 6 4 12-02-05  01:19 pm Christine Providian Providian refuses consumer disputes unless credit reports no older than 30 days are provided 13 7 12-07-03  03:57 pm Christine After bankruptcy credit reporting violations The CRAs and creditors CONTINUALLY assault the consumers' credit rating with balances, charge-offs and re-age discharged accounts. I have never seen "after bankruptcy" credit reports that didn't contain incorrect data, lowering the FICO scores by about 50 - 150 points. Because most INSURERS utilize credit scores to rate auto and home owner insurance, it is critical that consumers file suit against all entities inflicting damages WHILE THEY CAN. Too many people have lost their health, homes and families, all hope, and eventually their lives. Sue, people, sue! 8 9 08-05-03  06:48 pm Christine Collector and Creditor FCRA & FDCPA documented violations 10/27/03: $1,000 settlement offer to collection attorney James Casesa in St. Petersburg, FL. Casesa igored the request for billing so the insurance could pay and he reported the collection to the CRAs. He sent the 9/29/03 collection letter acknowledging the dispute, but refused to resolve this SIMPLE matter and he just won't quit collecting. 6/4/03: Bennett Congressional testimony on CRA and creditor "investigation" procedures 4/21/03: Glacier Financial re-aging fraudulent Bally collection 8/21/03: Collectech announcement REFUSING disputes. 23 22 01-11-04  03:59 pm Christine FTC - Congress The FTC refuses to enforce the FCRA and FDCPA and ignores credit scoring. Most members of Congress are clueless and/or bought by the finance industy and banks who pay for their elections. 20 22 09-01-03  12:57 am Christine Decline letters - damages We've always had credit, housing and employment declines, but now we see the INSURANCE damages. Depending on STATE law, both auto and homeowner insurance are rated according to scores by many insurers. Insurance inquiries do NOT lower your scores, so you can get your quotes without lowering your scores. 5 6 10-21-03  05:24 am Christine YOUR problems with my defendants I closed the topics below to continue at the new FIGHT BACK!!! Forum I post press releases, letters to the execs and directors at Compass Bank, information on how and who to sue and serve, basic collection dispute and validation guidelines, etc. ConsumerInfo.com - PrivacyGuard ConsumerInfo.com sells INCOMPLETE and INCORRECT tri-merged credit reports directly as well as through PrivacyGuard and other resellers. MANY readers complained about fraudulent CIC charges at the blog. This forum is CLOSED - please post at the NEW forum: http://www.fight-back.us/forum/ 38 12 05-18-04  09:28 pm Debbie Fair Isaac - the designers of the credit scoring fraudware Scoring the entire USA with fraudware, aka secret credit scoring formula. They effectively ** re-age ** collections by using the date the collection was PLACED instead of the charge-off date, they LOWER the scores of consumers due to inquiries relating to moves, job changes, collections and even opening a savings account can cost you 20 points. Those inquiries do NOT indicate that consumers are looking for new credit, yet they result in higher interest and INSURANCE rates for many people. 32 25 06-21-07  09:49 am Alex30 First USA - Bank One - First Bank Many intentional and malicious credit reporting violations: Re-aging accounts, verifying balances for PAID accounts, reporting discharged accounts as delinquent and accessing credit files without permissible purpose. 131 45 10-04-04  10:11 pm Christine Household - HFC - Orchard - Beneficial 5/26/04: The NEW Household Forum 33 3 05-30-04  02:54 am Christine Closed / settled cases Pro Se Resources & Links 7/26/08: The posts are VERY dated, although there still is some useful info. Please check my other sites for CURRENT info. Attorneys - Pro Se - Publish 9/26/03: Updated and reorganized Great online resources for Pro Se litigants! 53 43 01-30-04  02:27 pm Christine Links to articles, case law, etc Thomas v. Trans Union: TU paid about $1M in punitive damages, $300,000 compensatory damages and $115,000 in attorney fees. 10/07: Haven't had time to update this topic in years, been too busy with litigation and CreditFactors. Sorry! 91 84 06-06-06  06:12 pm Cbr