This is where our 7 month long hellish ordeal ended, MBNA asked for deposition, interrogatories, and discovery. The small claims judge granted the motion, 60 days to complete discovery. They sent me 25 discovery questions. I sent them the same. I got their answers to my questions today. I could not believe my eyes! (For those of you that don't know, my suit of 5 FCRA violations are based on no permissible purpose for accessing my credit report on a long ago closed account and reporting incorrect info on 2 accounts that were never marked as "in dispute" even now. Here were some of my questions: 1. How many credit reports do you access on closed accounts in a given month? ANswer-"irrelevant, and we do not know what LisaMc means by "access." 2. How many consumer disputes result in changes to a person's credit file by MBNA? Answer-irrelevant, they assert harrassment for asking this question. 3. What exact reason was given to Experian for pulling my credit report? Answer-irrelevant, they assert harrassment again. 4. Has MBNA ever encountered a CRA reporting info that MBNA did not authorize? Answer "irrelevant, MBNA is not a CRA. There are 22 more questions. The answer to every single question is "irrelevant." At some point they deemed a question to really be asking two questions. So for the last 3 questions the answer is "the question is in excess of the 25 question rule and will not be answered on these grounds." WTF? THey didn't answer any of the questions! They are the ones that wanted discovery!!!! I was VERY careful for my questions to be short, concise, and to the point. The judge cautioned us about keeping the items "LIMITED." I did that! They had no intention of answering one of them! Why did we go through this whole fiasco? Are they just buying time? IF so, WHY????? The legal fees are mounting and it is costing them $$$$. I offered to settle for deletion months ago. Someone with some lawsuit experience please shed some light on this nightmare! LisaMc
They are just screwing with you. You might want to seriously consider talking to an atty about taking it on contingency and if they will, bump it to federal court. Make these idiots pay. I don't know if it is possible to do this or not, but, if so, file a motion with the court for sanctions against MBNA for their violation of the judges order in that they did not answer any questions and appear to be using this as stall tactics and game playing.
Stick to your guns lisa. You're right, their legal expense is adding up quickly. I have a strong suspicion they will soon settle. It's just not worth fighting with Lisa cause she just won't give up. (and that's what this is about) I would be curious to see what questions they asked you and your answers. My email is always on. Did they get all kinds of info. and you got nothing?
awwwwwwww Lise, WAVING, You went through it because they wanted to know what you had against them but they didn't intend to tell you anything at all. I think they just intend to play these legal procedural games with you and try to wear you down. This is the same bimbo attorney that appeared in court? I'm remembering her scrunchie ;-) Bumping for you, I'm not sure what is next. Does the judge see their actual responses? Surely, there is a Motion you can file that would ask the judge to compel them to respond with definitive answers. I'll see what I can find for you. Sassy
I would file a Motion to Compel and for Sanctions. I think at the very least that the judge may rule that they have waived all of their objections for their frivolous responses.
They are playing games with you.. gee go figure, I would never have expected them to try to screw you..... --- good luck, and make sure you let us know what happens!
BUtch, I haven't sent them anything yet. My final date is tomorrow, and I plan to fax it to them (as i have done everything else.) My first instinct was to do the same thing to them. Now, I am reconsidering this position strongly. Is it everyone's opinion that I should answer their questions? They really are no big deal. They want copies of all of the correspondence between us (they should already have this?), they want to know dates of disputes/reasons (they should already have this too), they want to know very basic things that have nothing to do with my case. The problem is that this whole thing is in small claims court. It was never meant to go this far or become this big of a PAIN!! This has been going on since APRIL!!!! They didn't bump it up when they had the chance. Don't know why other than they just missed out. If I bump it up to federal court, I WILL NOT REPRESENT MYSELF. I didn't realize how vulnerable I would feel in all of this. I know they are jerking me around. I desperately wish that I could turn this whole mess over to an atty and let them fight it out. I feel sure that they would settle at that point. I still don't understand why they choose to spend the money and not just delete it. This makes absolutely zero sense to me. Yes, Sassy, it is the chick with the high heels and scrunchie! Butch, I will email the questions I sent to them tomorrow. Would you mind looking at their responses? Could I fax them to you?
legalease, Are you an attorney? I'm just asking because of your name. There are a lot of trolls around lately screwing with people. If you're not a troll welcome to the board. The board can always use another legal mind. Charlie
I am an attorney in Texas. However, my primary practice area is in asbestos/toxic tort litigation. Thanks for the welcome.
Here are sample Motions, Lise: http://www.kinseylaw.com/ATTY SERV/civil/lawmotion/notmofrthrres.html http://www.kinseylaw.com/ATTY SERV/civil/lawmotion/notmorogans.html http://www.kinseylaw.com/ATTY SERV/civil/lawmotion/notmofthrrfa.html http://www.kinseylaw.com/ATTY SERV/civil/lawmotion/notmodepoans.html Sassy
New twist in this never ending case from hell.... MBNA's attorney is now petitioning the judge in this case to throw my case out. Why? Because my whole case is based on the fact that I disputed what was reported by MBNA through the CRA's before disputing it directly through them. In fact, i disputed it about 5 times with each CRA. THeir claim....................drum roll........................... They were NEVER contacted by any CRA in over 16 attempts regarding my accounts. Do you believe this crap? They are swearing, under oath, that they were never contacted by a CRA. Is their game here that I should refile this case against them AND all CRA's? What good does that do them? Let me just say once again - "I'm SICK TO DEATH OF THIS."
whoaaaaaaaaa, Lise, You are getting to the scrunchie-haired chick, she's getting desperate, hang tough! If I'm remembering right, your having filed a dispute(s) is why then pulled your reports, yes? Wasn't that what they maintained, similar to Quioxte? If so, she just hung herself. Sassy
I'm sure that your legal expertise can be used here, and I'm sure that this board can help you. I'm in SA. Charlie
If you were to refile against MBNA and the CRA's then you would be able to get MBNA on perjury. Maybe file against both in Federal Court. I'm sure that a good consumer lawyer would take the case. Charlie
Hey Charlie! Yep, I'm in Houston. Yes, Sassy, you are correct. The reason why they pulled my report in the first place was to "see what they were reporting." I have this in black and white on their letterhead from a VP. Oh I almost forgot one of the most important things! Reluctantly I filled out, with great care, their list of discovery questions as well as production requests (every dispute ever filed, copies of all correspondence w/ MBNA why they don't have this I don't know because they generated it). On the first page of the discovery certificate it clearly states "Accont #1 is XXXX-XXXX-XXXX-XXXX." They do the same thing for Account #2. Account #1 is a bogus account number!!!!! I have no idea where they came up with this account number. It is not even similar to mine in any way. The ask 25 questions related to Account #1 and then the next question is Account #2. For each question related to Account #1 I answered "This is not my account. This account number was not listed in this lawsuit. I have no information whatsoever to provide." It looks like they threw this discovery and production request together in about 15 seconds. It is a total cut and paste job. If they are truly getting desperate, why not settle this mess? I don't get it. I would LOVE to know how much they have spent in legal fees so far in this never ending nightmare.
Nodding Lise, Didn't you send them some sort of modified validation request that the VP was responding to in the first place, besides the disputes? And, isn't this what the scrunchie-haired chick said at the hearing to get the discovery ordered in the first place? I wonder if she thinks the judge forgot or will forget that she already told him why they believed they could pull your reports and STILL not update to make them accurate, that's the kicker! You've read the FCRA, Lise, you know you can dispute with the CRA OR the furnisher of information; you can do one or the other or both and back again. You've done just what you are supposed to do. They can't escape their liability for inaccurate information under the responsibilities of furnishers of information. Her Motion could make sense if you'd never disputed directly with them, but geezzzzzzz, you did that, you did both, and she already told the judge so -- he got copies of all your disputes to-date, yes? at that hearing! She's lying Lise, you know it, she knows it, and the Judge should remember it -- remind him -- this was all part of your first hearing with him. The court has transcripts and/or recordings too ;-) She's not only desperate Lise, she's really dumb, I would think this a slick attorney trick except she herself already presented all this to him, contrary to her now Motion, she's tripping all over herself. She doesn't want to settle because she gets paid by the hour and doesn't care about what's right or what's wrong -- only that you've not backed down, so her attempts at intimidation aren't working. The longer she drags this out, the more money she makes, truly, it's not for one second about justice or common sense. I'd think now, if it dawns on her that she's lied and given both you and the judge evidence of it already, she'd want to stay out of that court room at all costs! SHE'S lucky, lucky I say, you are nice and tired of dealing with her. I know you're tired, Lise, and it doesn't count for anything, but I am SO proud of you for standing firm and tall. You can do this!!!!!!!! Sassy
Thank you, Sassy. A little pep rally always lifts the old spirits! I don't know what will ultimately happen with this. Just about the time I decide that I have had enough of this garbage, something will happen to keep me hanging on another couple of months. For example, when I learned that they had supplied the wrong account # in the discovery request, that was enough to inspire me to stay. I truly believe they have a tickler file somewhere with my name on it. On Dec 16th it says "send motion to have case voided." On another date it said "request jury trial." On another date it said "request jury trial fee to be returned and ask for judge to decide case." I think I have just hung in way way longer than they expected. I think I was supposed to drop the case at the mere mention of discovery, interrogatories, and depositions. I'm not scared of anything they do anymore. They are just a paper factory with an unlimited budget for postage. I get tons of correspondence from them. Everything comes 2 times-once by Priority Mail and once by CRRR. I hate those CRRR because I know it is just a duplicate and I have to go to the Post office to pick it up during business hours. It is a true PIA! I think I am going to request a jury trial now. For $5 I can have this case heard by a jury. After 9 months of complete aggravation, I bet a jury of my peers would find it very hard to side with the "scrunchie haired chick." Even if I win, she swears they will appeal the case to US District court. If that happens, I need a lawyer!!!!!
