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W&A lawsuit update!
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Posted by WA Can kissit!!! (65.248.165.108) on June 03, 2004 at 10:52:08:
My original post about this issue was on 5/26. Here's my rather funny turn of events since filing my Intent to Defend. (I'm inMD by the way)Sorry for the length, but I felt I had to share.
A few days later I called the courthouse asking them if the date would be rescheduled if I filed for an Intent to Defend. It was moved from July 2 to Dec 9th, and was moved to a different district court building in my county. (Actually a better one – I’ve seen the judges there, and they usually side with the consumer) I was also told that they accidentally lumped the letter asking to dismiss in with the case file, and I would have to resubmit it to the new courthouse. I sent the new letter June 1 via certified mail, along with certified copies to Midland and W&A.
At 5:30 pm on June 2, 2004 I received a phone call from W&A’s “research paralegal”, Ms. Jones,telling me they received confirmation of my Notice of Intent to Defend, along with everything I submitted and wanted to know what it would take to clear up the matter. I told her I want to see how I went from having a $300 credit limit, charging a total of about $200, and now I owe over $1500. She was actually rather nice and cooperative. I told her the whole story, which was outlined in my court filing (I had ordered clothes, returned some, then they kept sending me more that I did not order, so I refused or sent back any packages that were delivered, disputing it with Household since 2/01, last payment 3/01, they sold to Midland in 8/02, court case filed in 4/04 thru Wolpoff & Abramson). She asked if I could send her proof that packages were returned and I said I would not. So then she said “So you are saying you just want your day in court and won’t try and negotiate.” I said no, that is not what I said, I just want a breakdown of what Midland contends that I owe and how they arrived at that amount. I believe $200 of it is mine and that’s it. I have repeatedly called and wrote both Midland and Household asking for this. Household tells me all files were forwarded to Midland and they no longer have any documentation. Midland tells me Household sold them the debt only and they hold the records. If they can’t supply me with a simple total of principal amount charges, total fees charged and total interest charged, than I will not supply anyone with my 15 or so letters sent asking for this information, my phone log of when I called and copies of returning the merchandise. However, you are more than welcome to see it when I bring it to court. Then I asked “Are you calling about my letter to the court asking for a motion to dismiss?” There was a long pause “Um, no. When did you send that?” I told her I originally added it when sending the Intent to Defend, but it was just put in the case file, and I just resent it to the new court venue, along with copies to both Midland and your office. I pointed out that the dispute began in 2/01 and my last payment received 3/01, thus the SOL had passed. She didn’t have much to say except “Well, what would it take to settle this? And don’t tell me just $200.” I laughed. I said here’s what I want: I want to see what the court says about my motion to dismiss. If they dismiss it, then we have nothing else to discuss, right? If they don’t, I want to see a breakdown of what Midland/Household contends I owe, right down to the overlimit fees and interest and any other weird charges. I want the opportunity to look it over. Then we can talk.
She said that was fair, and asked if she could call me in about 30 days. I said yes and we have plenty of time to work it out. She also said they would order the records from Midland and that could take up to 45 days. I also added that Midland filed a partially false claim, since they said I never disputed it. Midland themselves put on their trade line on my credit report that “Subscriber states customer disputes, dispute resolved, customer disagrees”. She says “Well, the dispute was not resolved, obviously” And I said yep, but they just admitted right there to a neutral third party for all to see that it WAS disputed. She agreed and reiterated she’ll call in 30 days. I think they know they are screwed and want to get something, no matter how little, instead of going to court and getting nothing. What do you all think? Was I right in what I did? Oh, and if it’s not dismissed and they want to “settle” I am willing to pay the $200 plus interest since due IF I get it in writing that upon receipt of the funds (I will send certified funds and/or Western Union) Midland and Household BOTH agree to completely remove the record from my credit report or at least update the record as up to date and satisfied.
I’m not playing around with these people again!
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