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JessicaRabbit88

Lawsuit(s) Update

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Dell Answers:

 

FIRST DEFENSE

 

(There is five actions against them for pulling my credit without permissible purpose. I did not file any exhibits in the complaint [figured I would produce them during discovery] and so therefore this is their response, and basically repeated five times)

 

~In respnse to paragraph X of the Complaint, DFS admits that the document attached as Exhibit "1" to the Complaint states that Plaintiff's credit information was reviewed by DFS on our about Date.

~In reponse to paragraph X of the Complaint, DFS avers that there was no document attached as Exhibit "2" to either the copy of the Complaint that was served upon DFS or the copy filed with the Court. DFS therefore denies the allegations contained in paragraph X for lack of information.

~Deny (to the FCRA)

~Deny (to damages)

 

SECOND DEFENSE

The Complaint fails to state a claim upon which relief may be granted.

 

THIRD DEFENSE

The Complaint is barred by the doctrines of waiver, laches and estoppel.

 

FOURTH DEFENSE

Plaintiff has failed to mitigate her damages, if any.

 

FIFTH DEFENSE

The Complaint is barred by the doctrine of unclean hands.

 

SIXTH DEFENSE

The Complaint is barred by the limitation on liability set forth in 15 U.S.C. 1681s-2©.

 

SEVENTH DEFENSE

Plaintiff's damages, if any, are limited to her actual damages and may not exceed $1000 pursuant to 15 U.S.C. 1681n(a).

 

EIGTH DEFENSE

The Complaint is barred by the qualified immunity provisions set forth in 15 U.S.C. 1681h(e).

 

NINTH DEFENSE

The Complaint is barred because DFS had a permissable purpose for any and all inquiries ti performed or authorized.

 

TENTH DEFENSE

The Complaint is barred because any purported damages suffered by Plaintiff were the result of acts or omissions of third persons over whom DFS exercised no control or responsibility.

 

ELEVENTH DEFENSE

The Complaint is barred because any purported damages suffered by Plaintiff were the result of Plaintiff's own fault, and that Plaintiff's fault equaled or exceeded any fault of DFS.

 

TWLEFTH DEFENSE

Plaintiff is required by contract to arbitrate all the claims set forth in her Complaint.

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hmmmmm. Thanks for the update.

Now what happens?

 

Federal Rules of Civil Procedure says:

 

Rule 7. Pleadings Allowed; Form of Motions

 

(a) Pleadings.

There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed

 

So since Utah Civil Court follows the same rules that means I now do nothing and proceed to discovery.

 

Jessica

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Updates:

 

Experian email between the Lawyer and myself:

 

To Whom It May Concern:

 

I monitor my credit reports daily, and I have seen that the RC Willey

trade lines are both removed from Experian, one of the two removed on

TransUnion and none from Equifax. A complete deletion from all reports

corrects the inaccurate reporting issue (as they won't be reporting),

but does not cure the issue of compensation for the problems it has

caused me in the past. I am not sure at this point who deleted them

either RC Willey or Experian, but I am willing to remove RC Willey from

the complaint if they are willing to delete from the remaining reports

(and sign that they will not reinsert them) and provide me compensation

for the damages this inaccurate information has caused me.

 

Please notify me as to who is responsible for the deletion and if there

is the need to dismiss RC Willey from the lawsuit based on resolution.

 

Sincerely,

JessicaRabbit

 

_______________________________

 

Dear Ms. Rabbit:

 

Unfortunately, Experian has no control over other credit reporting

agencies and cannot delete information on a credit report issued by Trans

Union or Equifax. Experian is presently conducting an internal

investigation in response to your lawsuit, and, once that investigation is

complete, I will contact you to discuss the particulars of your case in

greater detail. In the mean time, I am glad that you are satisfied with

how Experian is reporting your R.C. Willey accounts.

 

Very truly yours,

 

Lawyer

 

(Which of course I knew, I was just trying to figure out who was deleting what, this email went to both Experian and RC Willey, although Experian was the only one to answer).

 

Email between RC Willey and myself:

 

To All It Concerns:

 

I have tried several times to contact counsel Ms. XX, who I am told represents RC Willey in the above mentioned case, she has never returned my calls or emails. The time to answer the complaint has now passed. I will be filing a Motion for Summary Judgment for the amount of $17,500 per the damages listed in the complaint. The other Defendant in the case and I have elected this case to go forward with litigation.

 

RC Willey has till the close of business today to notify me of their intent with this case.

 

Sincerely,

 

JessicaRabbit

 

______________________________

 

Me:

 

I assume that since there was no reply to this email, that I am to proceed with a Motion for Summary Judgment today?

 

______________________________

 

Ms. Rabbit: check the docket today. A Motion for summary judgment is inappropriate at this time.

 

______________________________

 

Per Rule 81 of the Federal Rules of Civil Procedure, Defendants' responses to my complaint are due five days after the petition for removal was filed (excluding weekends and holidays, per Federal Rule 6).

 

Jessica Rabbit

 

(To which she did not reply anything, just an attachment of the answer finally).

 

Dell:

 

The Lawyer representing Dell called yesterday. He at first was telling me how because I am Pro Se it is up to me to schedule the Rule 26 conference. To which I informed him per Utah law I as a Pro Se litigant am exempt from all pre-trail conferences. He was surprised to learn that. He then asked what I anticipated discovery being, I told him VERY short because basically the only thing I am going to request is their procedures in taking applications and why my personal credit was pulled. I said I want to confirm with the email I received from Dell stating that they should NOT have pulled my credit.

 

That basically put it out on the table that this is a very clear cut case of non-permissable purpose and 5 violations. He then asked what it would take to "settle" this matter. I said I would give XX% off the statutory damages and deletion of the inquiries off my report if they settled now. I said if they drag their feet about this, my offer goes UP. I then said I would compile the schedule for dates -- he said, "why don't you wait on doing that, I want to talk to my client and see about settling this. I don't have the authority myself to offer settlement right now, but I will talk to them."

 

Sounds good to me.

 

 

Well that is the updates for now, I will keep you posted.

 

Jessica

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You go GURLLLLLLLLLLl!!!!!

 

By the way..... would you mind giving me your Dell contact? My mom is having a major issue with them. I would like to cut through the BS/

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BIG News :lol:

 

Dell:

 

Just settled with them. I took a $XXX cut, but I figured it was worth it to have the case settled and off my already very full plate. He said he would call his client and call me right back with a final "okay". They also agreed to remove the inquiries from my report.

 

(note: I may have to come back and edit this info out when I sign a confidentiality agreement)

 

Jessica

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WoooooooooooW you should get yourself in law school!

 

CONGRATTTTTTTTTTTTTTTTTTTTTSSSS!!!! ;)

 

Working on it :lol: I have 1.5 yrs left of my undergrad degree and then off to Law School I go.

 

Jessica

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WoooooooooooW you should get yourself in law school!

 

CONGRATTTTTTTTTTTTTTTTTTTTTSSSS!!!! :P

 

Working on it :lol: I have 1.5 yrs left of my undergrad degree and then off to Law School I go.

 

Jessica

 

Make sure you're admitted to practice in Fed Court in PA and you have yourself a client. ;)

 

Way to go!

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BIG News :lol:

 

Dell:

 

Just settled with them. I took a $300 cut, but I figured it was worth it to have the case settled and off my already very full plate. He said he would call his client and call me right back with a final "okay". They also agreed to remove the inquiries from my report.

 

(note: I may have to come back and edit this info out when I sign a confidentiality agreement)

 

Jessica

 

You rock girl!!!!!!!!!!!!!!!!!

 

CONGRATS!!!!!!!!!!!!!!!!!

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Thanks :lol:  It is finalized, and settled.

 

One down - two to go  :twisted:  

 

Jessica

 

yay!

 

so do you have to edit your post above, or? :)

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BIG News :D

 

Dell:

 

Just settled with them.  I took a $300 cut, but I figured it was worth it to have the case settled and off my already very full plate.  He said he would call his client and call me right back with a final "okay".  They also agreed to remove the inquiries from my report.

 

(note: I may have to come back and edit this info out when I sign a confidentiality agreement)

 

Jessica

 

 

That is so awesome! Now, I may have missed something (I just couldn't read EVERY SINGLE post, so much information!) but I did see your original suit asked for $33k- do you mind if I ask, is that what they took your $300 cut from? Or $3k just for the inqs? I just had to ask, too curious... :oops:

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Thanks :D  It is finalized, and settled.

 

One down - two to go  :twisted:  

 

Jessica

 

You are my hero :D

 

Ditto here!

 

Way to go Jessica!!!

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That is so awesome! Now, I may have missed something (I just couldn't read EVERY SINGLE post, so much information!) but I did see your original suit asked for $33k- do you mind if I ask, is that what they took your $300 cut from? Or $3k just for the inqs? I just had to ask, too curious... :oops:

 

 

No actually I took a % of the statory damages. They pulled my credit 5 times. I can't talk exact numbers because I signed a confidentiality agreement.

 

Jessica

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I do hope you are pleased with the outcome. I know that usually there is a confidentially statement involved with most lawsuits involving companies of all kinds. Hope you are :D instead of :( and :x

 

Now, it's gonna be my turn next! Persistence pays off.

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