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JessicaRabbit88

Lawsuit(s) Update

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Not anything major to update ... just something that made me chuckle.

 

So Experian's Lawyer (who is really nice & actually helpfull btw) called today to discuss the proposed planning meeting calendar. During the call we talked about the case, and he laughed and said, 'well you have the honor of having one of Experian's largest files', so it is taking them time to sort through it all. They also anticipate discovery being a very lengthy process as they are going through item by item on my report.

 

:D

 

So na na na beat that ... my file is bigger then yours :P

 

(Ummm I am not so sure that is a good thing :oops: )

 

*giggles*

Jessica

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Not anything major to update ... just something that made me chuckle.

 

So Experian's Lawyer (who is really nice & actually helpfull btw) called today to discuss the proposed planning meeting calendar. During the call we talked about the case, and he laughed and said, 'well you have the honor of having one of Experian's largest files', so it is taking them time to sort through it all. They also anticipate discovery being a very lengthy process as they are going through item by item on my report.

 

:lol:

 

So na na na beat that ... my file is bigger then yours :P

 

(Ummm I am not so sure that is a good thing :oops: )

 

*giggles*

Jessica

 

That is to funny! Hope you stick it to them! Out of all three CRA's I despise Experian the most....

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Now why he in such a good mood? My paranoid mind would be making up all kinds of weird reasons....Guess like in the X-Files, I

TRUST NO ONE

but that's just me. :D

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Bunch of updates ... I will post about 4 replies.

 

First: Received initial disclosure from Experian, it about 6 inches thick of paper. Tons and tons of info - haven't had the chance to go through it paper by paper yet ... but will do.

 

I sent them my initial disclosure as well along with the first set of interrogatories.

 

They have sent back all request for discover, which I will post in the next 3 or 4 replies.

 

As for RC Willey, they haven't done jack crap ... initial disclosure is due the 19th - I am SURE that come the 22nd I will have to notify their attorney that once again they missed another dead line. UGH.

 

Okay so here come the post about discovery ....

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DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.’S FIRST SET OF INTERROGATORIES PROPOUNDED ON PLAINTIFF JESSICARABBIT

 

INTERROGATORY NO. 1:

Please state YOUR full name, including YOUR middle name, and any nicknames, maiden name, or other aliases YOU have had during the past seven years.

 

INTERROGATORY NO. 2:

Please state every address where YOU have resided for the past seven years, IDENTIFYING every PERSON who resided with YOU at each address and YOUR relationship to that PERSON.

 

INTERROGATORY NO. 3:

Please describe YOUR work history by setting forth every occupation, employer, and business address, including self employment, YOU have had during the past seven years.

 

INTERROGATORY NO. 4:

Set forth all lawsuits in which YOU were or are a party, including for each lawsuit the case number, name of the Court, style/caption of the case, general subject matter of the case, amount in controversy, the Court’s holding, if any, and the amount of damages awarded or the terms of any settlement.

 

INTERROGATORY NO. 5:

If YOU have ever been convicted or have pleaded guilty or nolo contendere to a crime, set forth the date of each conviction or plea, the name of the court, the crime involved, and the prison or jail, if any, where incarcerated.

 

INTERROGATORY NO. 6:

IDENTIFY all PERSONS having knowledge of any of the facts, occurrences, and matters set forth in Complaint and describe generally the substance of the knowledge possessed by each such PERSON.

 

INTERROGATORY NO. 7:

Please state all actual damages that YOU contend to have suffered by stating the nature of each item of damage, the amount of each item of damage, the date each item of damage was incurred, the amount of compensation YOU allege entitlement to from the loss, how the value of each item of damage was computed, and all facts which form the basis of YOUR contention that Experian's acts or omissions proximately caused the item of damage.

 

INTERROGATORY NO. 8:

Excluding the actual damages set forth in Interrogatory No. 7, please state all other damages that YOU seek in this lawsuit by stating the nature of each item of damage, the amount of each item of damage, the date each item of damage was incurred, how the value of each item of damage was computed, and all facts which form the basis of YOUR contention that Experian's acts or omissions proximately caused the item of damage.

 

INTERROGATORY NO. 9:

Please IDENTIFY each and every action by Experian that YOU contend were willful violations of the FCRA, including the date of the action, why YOU believe the action was willful, and the section and subsection of the FCRA YOU contend that Experian violated.

 

INTERROGATORY NO. 10:

Please IDENTIFY each and every action by Experian that YOU contend was done with malice towards YOU, including the date of the action, and why YOU believe the action was malicious.

 

INTERROGATORY NO. 11:

Please IDENTIFY and describe each and every action by Experian that YOU contend was unreasonably designed to assure the maximum possible accuracy of YOUR credit information, including the date of the action, and why YOU believe the action was unreasonable.

 

INTERROGATORY NO. 12:

Please IDENTIFY each and every action by Experian that YOU contend failed to comply with the requirements of the FCRA, including the date of the action, why YOU believe the action failed to comply with the FCRA, and the section and subsection of the FCRA YOU contend that Experian violated.

 

INTERROGATORY NO. 13:

Describe all notices, whether oral or in writing, made by YOU to Experian in which YOU disputed the accuracy or completeness of YOUR Credit Report or Credit Disclosure by setting forth the date of each notice and the substance of each notice.

 

INTERROGATORY NO. 14:

Please define the narrative entries on the Profit and Loss Projection and describe the nature of the business alleged in paragraphs 59 and 68 of the Complaint.

 

INTERROGATORY NO. 15:

If YOU have had any contact(s) with any type of credit counseling service or "credit clinic" during the past seven years, please IDENTIFY all such contacts, including the date(s) of such contact(s); whether any agreement was signed by YOU in connection with services provided; and the amount of payments YOU made in connection with the provided services.

 

INTERROGATORY NO. 16:

For each of YOUR responses to Experian’s Requests for Admission (served concurrently herewith) which is not an unqualified admission, please describe the reasons for YOUR denial.

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DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION PROPOUNDED ON PLAINTIFF JESSICARABBIT

 

DOCUMENTS TO BE PRODUCED

 

REQUEST NO. 1:

All statements taken by YOU or on YOUR behalf from any PERSON relating to the claims alleged in the Complaint.

 

REQUEST NO. 2:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, relating to any correspondence or communication between YOU and Experian, including any copies of YOUR CREDIT DISCLOSURES and other communications provided to YOU by Experian, or any disputes and other communications provided to Experian by YOU.

 

REQUEST NO. 3:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, relating to any correspondence or communication between YOU and a consumer credit reporting agency other than Experian, including any reports about YOUR credit history produced to YOU by Equifax in conjunction with YOUR lawsuit against Equifax, any reports about YOUR credit history issued by Equifax in conjunction with settlement of YOUR lawsuit against Equifax, and the credit report issued by TransUnion that YOU refer to in YOUR October 28, 2004 e-mail to counsels of record in this action.

 

REQUEST NO. 4:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, relating to YOUR CREDIT REPORTS obtained from any source.

 

REQUEST NO. 5:

All tangible reports, physical models, compilations of data, and other materials prepared by an expert, or for an expert, who may testify at the trial of this matter or in a deposition for this lawsuit.

 

REQUEST NO. 6

All tangible reports, physical models, compilations of data, and other materials prepared by an expert used for consultation which have been reviewed in whole or in part by an expert who may be called as a witness by Plaintiff for this lawsuit.

 

REQUEST NO. 7:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the alleged violations of the FCRA allegedly committed by Experian which YOU complain of in the First Cause of Action in YOUR Complaint.

 

REQUEST NO. 8:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the alleged violations of the FCRA allegedly committed by Experian which YOU complain of in the Second Cause of Action in YOUR Complaint.

 

REQUEST NO. 9:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the alleged violations of the FCRA allegedly committed by Experian which YOU complain of in the Third Cause of Action in YOUR Complaint.

 

REQUEST NO. 10:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the alleged violations of the FCRA allegedly committed by Experian which YOU complain of in the Fourth Cause of Action in YOUR Complaint.

 

REQUEST NO. 11:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the alleged violations of the FCRA allegedly committed by Experian which YOU complain of in the Fifth Cause of Action in YOUR Complaint.

 

REQUEST NO. 12:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the alleged violations of the FCRA allegedly committed by Experian which YOU complain of in the Sixth Cause of Action in YOUR Complaint.

 

REQUEST NO. 13:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the alleged violations of the FCRA allegedly committed by Experian which YOU complain of in the Seventh Cause of Action in YOUR Complaint.

 

REQUEST NO. 14:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the alleged violations of the FCRA allegedly committed by Experian which YOU complain of in the Eighth Cause of Action in YOUR Complaint.

 

REQUEST NO. 15:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the alleged violations of the FCRA allegedly committed by Experian which YOU complain of in the Ninth Cause of Action in YOUR Complaint.

 

REQUEST NO. 16:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the alleged violations of the FCRA allegedly committed by Experian which YOU complain of in the Tenth Cause of Action in YOUR Complaint.

 

REQUEST NO. 17:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to the amount of actual monetary loss suffered by YOU as a result of the compilation and furnishing of YOUR CREDIT REPORT by Experian.

 

REQUEST NO. 18:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to whether YOU were denied application for credit, or that one or more of YOUR credit accounts were decreased or terminated due to the compilation and furnishing of YOUR CREDIT REPORT by Experian.

 

REQUEST NO. 19:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to whether YOU lost employment or employment opportunities as a result of the compilation and furnishing of YOUR CREDIT REPORT by Experian.

 

REQUEST NO. 20:

All DOCUMENTS, excluding any DOCUMENTS produced under Requests Nos. 17-19 and/or that were previously produced by YOU, which refer or relate to any other damages that YOU seek in this lawsuit.

 

REQUEST NO. 21:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to whether the damages alleged by YOU were caused by Experian's negligence.

 

REQUEST NO. 22:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to whether the damages alleged by YOU were caused by Experian willfully.

 

REQUEST NO. 23:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, which refer or relate to whether the damages alleged by YOU were caused by Experian acting maliciously.

 

REQUEST NO. 24:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, relating to the business and Profit and Loss Projection alleged in paragraphs 59 and 68 of the Complaint.

 

REQUEST NO. 25:

All DOCUMENTS, excluding any DOCUMENTS previously produced by YOU, relating to any correspondence or communication between YOU and any creditor listed on YOUR CREDIT REPORT relating to any account that YOU contend is inaccurately reported by Experian.

 

REQUEST NO. 26:

All DOCUMENTS not previously produced by YOU or otherwise requested herein which YOU may introduce into evidence at trial or at any deposition in this matter.

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DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.’S FIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED ON PLAINTIFF JESSICARABBIT

 

REQUESTS TO ADMIT

 

REQUEST NO. 1:

Admit that Experian followed reasonable procedures to ensure maximum possible accuracy of the information reported in YOUR CREDIT REPORT.

 

REQUEST NO. 2:

Admit that Express Recovery obtained a civil claim judgment against YOU.

 

REQUEST NO. 3:

Admit that Express Recovery entered a civil claim judgment against YOU in Utah state court in July 2002.

 

REQUEST NO. 4:

Admit that YOU have not suffered any out-of pocket losses as a result of any inaccurate information on YOUR CREDIT REPORT.

 

REQUEST NO. 5:

Admit that YOU have no knowledge of any facts supporting YOUR allegations that Experian acted willfully to damage YOU.

 

REQUEST NO. 6:

Admit that YOU have no knowledge of any facts supporting YOUR allegations that Experian acted maliciously to damage YOU.

 

REQUEST NO. 7:

Admit that the Mountain America tradline referenced in YOUR November 5, 2004 e-mail to counsel of record for Experian was accurately reported by Experian on September 28, 2004.

 

REQUEST NO. 8:

Admit that the Nelnet LNS tradlines referenced in YOUR November 5, 2004 e-mail to counsel of record for Experian was accurately reported by Experian on September 28, 2004.

 

REQUEST NO. 9:

Admit that the Providian Financial tradlines referenced in YOUR November 5, 2004 e-mail to counsel of record for Experian was accurately reported by Experian on September 28, 2004.

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So far I have sent Experian:

 

FIRST SET OF INTERROGATORIES TO DEFENDANT

 

INTERROGATORY NO. 1:

Identify the names, addresses, and telephone numbers of all persons who have personal knowledge of any of the facts, events, or matters that are alleged in Plaintiff’s complaint, your answer, anticipated answer and/or defenses thereto and describe and explain your understanding of the matters on which the persons named have knowledge.

 

INTERROGATORY NO. 2:

Identify all correspondence or documents that refer or relate to any correspondence or communication between you and any potential credit grantors or mortgage grantors relating or referring to the facts, acts, events, or matters alleged in Plaintiff’s complaint, or your answer, anticipated answer and/or defenses thereto.

 

INTERROGATORY NO. 3:

Identify each person whom you may call as an expert witness at trial including name, business address, and telephone number, and the substance of the facts and opinions to which the expert may testify, and summarize the grounds for each opinion.

 

INTERROGATORY NO. 4:

Please state whether you have reported any or all of the following accounts or public records data about Paintiff and, in connection with your response, please identify the recipients of such reports, the manner reported, the identifying data connected with the report, and explain and describe the manner and identifiers under which you received the information from your subscriber(s):

(A) Salt Lake 3rd Cir. Court, Account #XXXXX

(:lol: Providian Financial, Account #XXXX

© Mountain America, Account #XXXX

(D) Nelnet LNS, Account #XXXXX

(E) Nelnet LNS, Account #XXXXX

(F) Nelnet LNS, Account #XXXXX

(G) Nelnet LNS, Account #XXXXX

(H) Nelnet LNS, Account #XXXXX

(I) Providian Financial, Account #XXXXXX

(J) RC Willey Home Furn, Account #XXXXXX

(K) RC Willey Home Furn, Account #XXXXXX

(M) Inquiry AMEX – Date: 02/18/2004

(N) Inquiry COUNT ME IN FOR WMS ECON – Date: 01/26/2004

(O) Inquiry CITIFINANCIAL – Date: 01/12/2004

(P) Inquiry CAPITOL ONE BANK – Date: 12/09/2003

(Q) Inquiry CITI/ASSOC – Date: 11/12/2003

® Inquiry WFNNB/VICTORIA SECRET – Date: 11/11/2003

(S) Inquiry AMEX – Date: 10/07/2003

(T) Inquiry US BANK CONSOLIDATED – Date: 10/06/2003

(U) Inquiry RNB TARGET – Date: 10/03/2003

(V) Inquiry PENTAGON FEDERAL CR UN – Date: 09/10/2003

(W) Inquiry AMEX – Date: 09/08/2003

(X) Inquiry NETWORK CREDIT – Date: 09/08/2003

(Y) Inquiry HAFC – Date: 09/03/2003

(Z) Inquiry ASSOC/CITI – Date: 09/02/2003

(a) Inquiry CHEVERON USA – Date: 09/02/2003

(B) Inquiry U OF U CREDIT UNION – Date: 08/14/2003

© Inquiry CITI – Date: 08/07/2003

 

INTERROGATORY NO. 5:

State all of the facts and describe all actions you took, including but not limited to correspondence and communications with any consumer reporting agency, creditor or potential creditor, with regard to or which in any way references Plaintiff and/or any of the accounts listed in

Interrogatory Number 4 herein above.

 

INTERROGATORY NO. 6:

If any document that is or would have been responsive to Plaintiff’s Requests for Production of Documents to you was destroyed, lost, mislaid, or otherwise missing, identify the document, state the date of and reason for its destruction, and identify all persons having knowledge of its contents and/or the reason for its destruction.

 

INTERROGATORY NO. 7:

If any document responsive to Plaintiff’s Request for Production of Documents to you is withheld from production, identify each such document by date, title, subject matter, length and the request to which it is potentially responsive and state the reason for withholding production, and identify each person to whom the document was sent, shown, or made accessible, or to whom it was explained.

 

INTERROGATORY NO. 8:

State whether you have reported data on Plaintiff’s consumer reports which is inaccurate and, if so, state why such inaccurate information was placed on her consumer report(s), state the date(s) such report(s) was (were) issued, to whom the report(s) was (were) issued, and state what you could and should have done to prevent the inaccurate data from being reported on her consumer report(s).

 

INTERROGATORY NO. 9:

Identify the names, addresses, and telephone numbers of all persons who have knowledge of any information contained in Plaintiff’s report.

 

INTERROGATORY NO. 10:

Identify the names, addresses, and telephone numbers of all persons who have supplied any information contained in Plaintiff’s report.

 

INTERROGATORY NO. 11

Please state who is the furnisher of information for public records contained in Plaintiff’s report.

 

INTERROGATORY NO. 12

Please state the names and positions of persons contacted to verify public record information contained in Plaintiff’s report.

 

INTERROGATORY NO. 13:

State your procedures designed to assure the maximum possible accuracy of the information in your consumer credit database and consumer reports you issued.

 

INTERROGATORY NO. 14:

State dates and summary of all disputes or communications received by Defendant from Plaintiff.

 

INTERROGATORY NO. 15:

State your procedure designed to respond to a consumer request for the procedure used to verify information contained in a consumer report.

 

INTERROGATORY NO. 16:

Please state, explain and describe the contents of each and every CDV [Consumer Dispute Verification] and ACDV [CDV response] and UDF [universal Data Form] you received, sent or possessed, at any time, which bore any of Plaintiff’s personal identifiers.

 

INTERROGATORY NO. 17:

Describe the procedure used to place an item into “dispute” status on a consumer’s report.

 

INTERROGATORY NO. 18:

Describe the procedure used to insure previously deleted information is not re-inserted into report.

 

INTERROGATORY NO. 19:

Describe the procedure used in relations to a consumer’s credit report, if the consumer disputes an inquiry listed in consumer’s report.

 

INTERROGATORY NO. 20:

Describe the procedure used in relation to supplying the procedure used to verify disputed accounts as allowed by § 1681i (7) of the Act.

 

INTERROGATORY NO. 21:

Describe the procedure used in to start a “courtesy” dispute for a consumer.

 

INTERROGATORY NO. 22:

Identify the process and procedure used to delete the RC Willey accounts from Plaintiff’s credit report.

 

INTERROGATORY NO. 23:

Identify all other lawsuits in which you are or were a party, including for each suit the case number, the name of the court, the style of the case, the subject matter of the case, the amount in controversy, the court’s holding, and the amount of damages awarded.

 

INTERROGATORY NO. 24:

State employee names and positions of anyone who may have signed for certified letters sent to Defendant.

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I LOVE interogatory 23 you're sending them...that will take MONTHS for them to produce...

 

I'd also ask them for a list of names, addresses, numbers, etc, of any and all employees that have come into contact with your report.

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Just cross-linking the NelNet thread, as it relates to this case:

 

http://www.creditboards.com/phpBB2/viewtop...ighlight=nelnet

 

Here is the email I sent to Experian's Lawyer concerning that thread:

 

Mr. XX,

 

I have been working with NelNet on the five accounts listed in the settlement. They have just notified me today that in the next 5-7 business days they will be removed from my reports as per the FCRA.

 

That would take the NelNet tradelines out of the settlement, as the issue has been resolved.

 

The settlement therefore would be:

 

25% of statutory damages = $6,750

15% of actual damages = $14,872

10% of punitive damages = $9,000

 

$30,622 + court cost = $30,752 total

 

Deletion of the following items from my credit file & suppressed (1 public record, 3 tradelines, 15 inquires)

 

Public Record:

Derogatory Public Record #1

Type Judgment satisfied

Court Number XXXXX

Amount $XXXX

Date Filed July, 2002

Status Date December, 2002

 

Tradelines:

Mountain America XXXX (Real Estate Account)

Providian Financial XXXX

Providian Financial XXXXX

 

Inquires:

9/8/2004 U S BANK CONSOLIDATED

8/5/2004 AMEX

7/29/2004 U S BANK CONSOLIDATED

7/16/2004 U OF U CREDIT UNION

7/2/2004 UTAH MICROENTERPRISE L

6/16/2004 ADVANTA FINANCIAL CORP

6/10/2004 CB OF NEW HAMPSHIRE

6/2/2004 WELLS FARGO BANK

4/21/2004 WORLDWIDE ASSET MANAGE

2/18/2004 AMEX

1/26/2004 COUNT ME IN FOR WMS EC

1/12/2004 CITIFINANCIAL

12/9/2003 CAPITAL ONE BANK

11/12/2003 CITI/ASSOC

11/11/2003 WFNNB/VICTORIAS SECRET

 

(THESE ARE ALL PER THE SECOND LETTER OF DISPUTE SENT TO EXPERIAN, EXHIBIT "29")

 

Sincerely,

 

JessicaRabbit

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Interrogatories:

 

No. 1: My legal name is Jessica Rabbit. My mother gave me the middle name XXX, I don't typically use it when signing or applying for any sort of credit. My maiden name is Jessica XXX (pronounced XXX, it's French) but since I got married at 18, and could only apply for credit as an adult, the name XXX has never been used, and should not be reflected in anything credit related. My Great-Grandma calls me Jessie (alias) and when my little brother was about 2 or 3 he couldn't say Jessie so he called me Cussie (another alias). My best friend calls me J (yet a third alias), because I think she is just too lazy to say my full name. I think that covers the question of names.

 

No. 2: My residence is XXX. I once resided at XXX, and before that it was XXX. Before that I was just living with my then boyfriend who became my husband, and we lived a few places that I can't remember the exact address. I would ask my ex-husband, but he would rather see me dead then help me out - so therefore I am going to say that I don't have sufficient knowledge to provide an answer further back then that date. During my time at XXX, I did briefly live with a man because he was my boyfriend, but this dates back prior to 2002, which is prior to this lawsuit and I don't see the relevance in dragging him into all of this. Besides he still owes me money, and I can't find him, I doubt you will be able to locate him either.

 

OK, Jessica, I now need to clean the coffee I just spit on the monitor..... that is downright hysterical...

 

I wish I had the guts to write that!!! :D

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10-15 more days and I file on Trans Union. I hope I'm able to frustrate them as well as you are going to peeve off this EX lawyer :D:lol:

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My pro se, I am not a lawyer but have been involved in superior court lawsuits!, is that you should expect to (1) file a motion to compel answers to be filed by you as Experian probably is going to object to the majority of your interrogatories (2) Experian to file a similar motion against you for failing to provide sufficent answers

 

Look at the court rules for discovery motions.

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Yep, just as you said. Here is the email I just to Experian's Lawyer:

 

Mr. Attorney,

 

I received your answers to my first set of interrogatories, and I am troubled by your responses. Just this past week, you sent me a six page letter stating that I was withholding information and not following in good faith to produce information during initial discovery. Yet your answers contain objections in every single request, and the majority of answers do not contain any information whatsoever because there is not a protection order or you were not clear on the exact wording. For example I stated to list a procedure used in my report, and you state that you do not know what "report" I am talking about. This is Experian avoiding answering the question, because it is obvious I am talking about my credit report that Experian maintains. I find your letter to me very hypocritical and do not appreciate it. Also Experian has concluded the "reinvestigation" as mentioned in your 09/24/04 email, yet I never received notification of the results. Another violation of the FCRA. I have not yet applied for the mortgage for the home, but am planning to do so in the next 30-60 days, I would expect my credit report to be corrected by that time.

 

I wish to resolve this matter outside of the court, but it appears that Experian is making no effort to negotiate a settlement. The next stage in discovery will again increase the percentage of settlement I am willing to consider.

 

The settlement offer is as follows:

 

30% of statutory damages = $9,600

20% of actual damages = $20,930

10% of punitive damages = $10,000

$40,530 + court cost = $40,663 total

 

Deletion of the following items from my credit file & suppressed (1 public record, 3 tradelines, 15 inquires)

 

Public Record:

Derogatory Public Record #1

Type Judgment satisfied

Court Number XXXX

Amount $XXX

Date Filed July, 2002

Status Date December, 2002

 

Tradelines:

Providian Financial XXX

Providian Financial XXX

 

Inquires:

9/8/2004 U S BANK CONSOLIDATED

8/5/2004 AMEX

7/29/2004 U S BANK CONSOLIDATED

7/16/2004 U OF U CREDIT UNION

7/2/2004 UTAH MICROENTERPRISE L

6/16/2004 ADVANTA FINANCIAL CORP

6/10/2004 CB OF NEW HAMPSHIRE

6/2/2004 WELLS FARGO BANK

4/21/2004 WORLDWIDE ASSET MANAGE

2/18/2004 AMEX

1/26/2004 COUNT ME IN FOR WMS EC

1/12/2004 CITIFINANCIAL

12/9/2003 CAPITAL ONE BANK

11/12/2003 CITI/ASSOC

11/11/2003 WFNNB/VICTORIAS SECRET

 

(THESE ARE ALL PER THE SECOND LETTER OF DISPUTE SENT TO EXPERIAN, EXHIBIT "29")

 

Sincerely,

 

JessicaRabbit

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Yep, just as you said.  Here is the email I just to Experian's Lawyer:

 

Mr. Attorney,

 

I received your answers to my first set of interrogatories, and I am troubled by your responses.  Just this past week, you sent me a six page letter stating that I was withholding information and not following in good faith to produce information during initial discovery.  Yet your answers contain objections in every single request, and the majority of answers do not contain any information whatsoever because there is not a protection order or you were not clear on the exact wording.  For example I stated to list a procedure used in my report, and you state that you do not know what "report" I am talking about.  This is Experian avoiding answering the question, because it is obvious I am talking about my credit report that Experian maintains.  I find your letter to me very hypocritical and do not appreciate it. Also Experian has concluded the "reinvestigation" as mentioned in your 09/24/04 email, yet I never received notification of the results.  Another violation of the FCRA.  I have not yet applied for the mortgage for the home, but am planning to do so in the next 30-60 days, I would expect my credit report to be corrected by that time.

 

I wish to resolve this matter outside of the court, but it appears that Experian is making no effort to negotiate a settlement.  The next stage in discovery will again increase the percentage of settlement I am willing to consider.

 

The settlement offer is as follows:

 

30% of statutory damages = $9,600

20% of actual damages = $20,930

10% of punitive damages = $10,000

$40,530 + court cost = $40,663 total

 

Deletion of the following items from my credit file & suppressed (1 public record, 3 tradelines, 15 inquires)

 

Public Record:

Derogatory Public Record #1

Type Judgment satisfied

Court Number XXXX

Amount $XXX

Date Filed July, 2002

Status Date December, 2002

 

Tradelines:

Providian Financial XXX

Providian Financial XXX

 

Inquires:

9/8/2004 U S BANK CONSOLIDATED

8/5/2004 AMEX

7/29/2004 U S BANK CONSOLIDATED

7/16/2004 U OF U CREDIT UNION

7/2/2004 UTAH MICROENTERPRISE L

6/16/2004 ADVANTA FINANCIAL CORP

6/10/2004 CB OF NEW HAMPSHIRE

6/2/2004 WELLS FARGO BANK

4/21/2004 WORLDWIDE ASSET MANAGE

2/18/2004 AMEX

1/26/2004 COUNT ME IN FOR WMS EC

1/12/2004 CITIFINANCIAL

12/9/2003 CAPITAL ONE BANK

11/12/2003 CITI/ASSOC

11/11/2003 WFNNB/VICTORIAS SECRET

 

(THESE ARE ALL PER THE SECOND LETTER OF DISPUTE SENT TO EXPERIAN, EXHIBIT "29")

 

Sincerely,

 

JessicaRabbit

 

The case for bumpage as I would have responded earlier. Presumably, either you or Experian are in the "discovery sandbox" with regards to discovery motions. While I have used e-mail for scheduling matters, almost invariably I will send a signed hard copy letter via U.S. mail confirming the e-mail. "Meet and confer" notices are sent formally by U.S. Post and informally by e-mail.

 

I would send all settlement offers in a separate letter and not discuss other issues. The settlement letter probably should have the relevant evidence code statute explicitly stating that the correspondence is settlement related and inadmissible in court.

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We settled out of court.  I cannot discuse the details, but I was happy with it

 

 

Well hello Jess...Long time no see...Congrats on the settlement... We'd LOVE to hear the details but as you said, you cant discuss the details.... cant have Jess breaking any confidences & trusts...

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After reading what I did.. jessica needs to work for all of us here LOL

Im sure after 3 or 4 times of seeing her name... the CRA's will roll and just do it

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