Re: Re: Summary Judgement? What is this? What if they filed suit on her claiming she filed a false and frivolous lawsuit on them and used the fact of her willingness to settle the matter out of court at no real expense to her as the basis for their complaint? I'm not a lawyer so thats just a thought from a layperson.
Re: Re: Summary Judgement? What is this? So how would I word my settlement to take these types of matters into account? This was not a frivolous lawsuit. Absolutely no fraud was involved. I am willing to settle to avoid ANOTHER onslaught of paperwork and legalese that is heading my way. I have been through depositions, interrogatories, discovery, and now this. In all of those matters, the judge never forced them to comply with my requests. They answered all of my discovery questions with the standard "not pertinent to this case." These were exact questions such as "What permissible purpose did you give Experian for obtaining my credit report on xx/xx/xx? I have literally 7 pages of "not pertinent." All they did was cut and paste their answers. They did not respond at all to my request for depositions. The judge overlooked that as well. Regarding interrogatories, all of my requests were deemed "a financial hardship to obtain." Another cut and paste job. The judge never acted on that either. I have complied with every single one of their requests fully and on a timely basis. These people are snakes. I just want out of this nightmare once and for all. After all, isn't that what they were bargaining for?
Re: Re: Summary Judgement? What is this? I am quite satisfied that such is the case, but I am asking whether or not they might actually claim otherwise in a future filing against you. I don't have the foggiest idea whether that is a possibility or not. I threw that out in the hopes of learning something from those far more knowledgeable than I. Then I'm sure you don't even want to think about my next suggestion.(LOL) In all of those matters, the judge never forced them to comply with my requests.[/quote]Judicial error? I tend to think that may very well be the case but if you think this is bad just try filing a case against the judge for judicial error which can and has been done many times. And that is the suggestion I doubt you wanted to hear. As I see it, the only way out of it now may be figureing out how the judge erred and filing yet one or more new lawsuits. If you study some of my earlier postings on void judgments you will see specific case references to how the courts may err if they fail to give special helps to the pro se litigant. You can probably file motions or pleadings based on that issue and others but to do so is going to take a lot more work and study than you seem to have any stomach for at this time. Pro se litigation is great and it can be a lot of fun but if you are going to get into it you had best be better equipped and more knowledgeable than the opposition. Most successful pro se litigants have spent untold hundreds of hours doing their homework and they got where they are only because they were stubborn and bullheaded, willing to forge on regardless of the results or the possible consequences. I think that pretty well describes just about all of them that I know of. Pat Patton got tired of being abused by the IRS and the Oklahoma Tax Commission many years ago, back about 1975 when I first knew him. George Sanders decided he was tired of being abused by police in traffic stops as well as IRS abuse. Dan Meador got tired of being abused by the IRS and Richard Cornforth got angry because of the way he was abused by the court system in a civil matter. And they all went on to become very knowledgeable pro se litigants. That does not mean they have always been successful because they lost a few battles and they finally won a few. But deciding whether to fight to the bitter end or just chunk the whole thing is a matter only you can decide, of course. I certainly wish I could be of lots more help to you but whatever you decide, I wish you the best of luck.
Re: Re: Summary Judgement? What is this? LIsa, Call the MBNA lawyer and tell they you'll drop your lawsuit {if this really what you want to do} in exchange for a written agreemnt from MBNA that each pary will bear their own expenses and there will be no counter suit. If they won't agree then, get a lawyer because they were planning to sue you anyway.
Re: Re: Summary Judgement? What is this? Thanks, Bill. Points well taken and most appreciated. Keepmine, that is exactly my thinking. If they refuse a settlement, the next lawsuit was coming anyway. I am encouraged that they did not ask the judge for reimb of legal fees in this motion for summary judgement. I truly believe that they were just trying to wear me down, and after 13 months, it worked. My goal through this whole thing was deletion. They were reporting it wrong. They refused to correct it. They pulled my credit with no pp. I wanted them to delete the entries. They flatly refused. I called their bluff and sued them for $5K hoping I would walk away with deletion alone. After 13 months, I got deletion the old fashioned way via constant disputes with the CRA's. I was never trying to get $5K from them. Also, they didn't remove that inquiry until I filed suit. They also didn't correct their reporting until I filed suit. So, I guess I did get their attention finally. The deletions were no concession from them, just good fortune for me. I am most certainly ready to walk away from this. I just want to cover myself from any vindictiveness they may try in the future.
Re: Re: Summary Judgement? What is this? In that case I would follow the advice given you by keepmine. But I would just tell them what your terms are to let go of it and have them write up the contract and submit it to you for your inspection and signature. Do not under any circumstances write the agreement contract. I have explained my thinking on that in some thread just yesterday.
Re: Re: Summary Judgement? What is this? Oh my gosh!!!!!!!!!!!!!! bump bump bump ((((((((((((((sister Lise)))))))))))))), How did this turn out? Did you dismiss or settle or carry-on? Tell me you didn't settle and dismiss (ok, well don't lie I can take it) I know you wanted to be done with their tortures. You know what this is, Lise? Gosh you are, or were, whichever, so close. It IS Nelson v Chase Manhattan and the big TU Case, Andrews I believe. I'll search it up if you need me to!!!!!! 1. They say that I can not seek relieft under section 623 because the provision creates a duty of the furnisher of info only to the CRA NOT to an invidividual (namely me). 2. They maintain they did have a permissible purpose, but because they removed the inquiry after the lawsuit was filed, no actual harm was done. 3. Re not marking the accts as "in dispute" - The provisions of the act may only be enforced by designated federal agencies and officials NOT individuals. Because I am not the State of Texas or a Federal Agency, I have no standing to bring suit under section 623. 4. They say I should have sued Experian under Sec 608 for lack of PP, not MBNA. 5. Bottom line, I as a consumer, do not have standing to sue MBNA under sec 608 or 623. 1. That IS Nelson v Chase Manhattan precisely and is why that ruling was so awesome for consumers, coupled with the supporting FTC positional brief of course. The case clarified for God and everyone that information furnishers DO have a liability to CONSUMERS and not just the CRA's. 2. Removing the inquiry has not a thing to do with the confidentiality of the information NOR the violation of your privacy AS IS one of the very purposes of the FCRA. 3. That IS Nelson v Chase Manhattan as well. 4. No way, the CRA's don't have to show permissable purpose, the users do. The CRA's only have to show that a purpose was provided them and certify the user. That's the Andrews case, and why the CRA's can't defend themselves against identity theft cases. The court ruled that it would be too huge a burden on the poor CRA's so the pp burden lies squarely on the shoulders of the user requesting your report. 5. Oh Lise!!!!!!!!!!! For 1-4 above and using the most common and widely known consumer cases, no research even needed, this is hooooooooooooey. SO, what did you do or what or you still doing, how'd it turn out or are you still in process of having your day in court? Sassy
