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Nelnet - willful incorrect credit reporting

Wednesday, March 22, 2006

First Amended Complaint for my 2003 federal credit suit

3/15/06 First Amended Complaint

So now we’re down to Experian, ConsumerInfo.com, Nelnet and Verizon.

I’ve been so busy, tomorrow I’ll post my objection to the Verizon motion for summary judgment.  This sure is as aggravating as it gets.

I am so sick of having to pay my bills TWICE!

As I wrote in my discovery responses to Verizon:

It would really help if somebody at Verizon or its genius lawyers actually read my complaint, initial disclosures and publications.  But then again, what can I expect from people who are too dimwitted to perform the simplest calculations:

$84.58 - $90 - $85 + $90 = ?????  How much do I owe?

Is everybody at Verizon and representing Verizon retarded?

Instead of apologizing, Verizon is demanding that I pay their attorneys fees!

More on that tomorrow.

Friday, February 17, 2006

More discovery issues - Nelnet

My email to the Nelnet (Unipac) attorney Overcash.  I just noticed that he demands that my responses are at his office by my due date.  Why I can’t I mail them on the 21st?

Mr. Overcash,

Your discovery requests state that my responses are due on “Tuesday, February 21, 2006, at the offices of Kutak Rock ....”

Why are my responses are due at your office on the 21st?

Thanks,

Christine

The Overcash response:

“See Federal Rules 33(b), 34(b), and 36(b). 

Thanks,

Philip A. Overcash, Esq.”

And my followup question:

‘I don’t see anything stating that the responses have to be received at the requestor’s address by the due date.  What am I missing?

Christine”

Saturday, February 11, 2006

Unipac - Nelnet incorrect CRA verification and ADMISSION of refusal to accept credit disputes

It’s amazing that I actually found my dispute results from *** 1997 ***.  I was living in a tent for a while, then travelled in my truck camper for a couple years, but somehow I managed to hang on to those dispute results.  It sucked hauling crates of files from storage to storage, but this just goes to show how important it is to keep those docs. 

The 1997 Equifax dispute results

Nelnet NEL 0014: 2/97 CRA verification of Equifax as “included in bankruptcy”

Of course the SOL long expired, but it establishes a pattern.  My claims are re. Equifax verifications of “included in bankruptcy” and the eventual deletion of the account.  The account still isn’t reported to Equifax.  It’s my oldest account, opened in 1986 and SHOULD be on my reports till 2008.

They can’t possibly blame Equifax for that one!  It’s also interesting to see that they updated Experian to “paid as agreed”.  People often ask me how it can be that one CRA corrects and the other doesn’t, and this is ONE reason for inconsistent dispute results.

Nelnet NEL 0006: 5/27/03 fax to Nelnet attorney Bill Munn re. refusal of disputes

It sure takes guts to come right out and admit that they refuse to accept consumer disputes.  Attorney Overcash was just telling me AGAIN that they don’t have to accept consumer credit disputes and can demand that consumers dispute with the CRAs.

What freaking morons!  The FCRA couldn’t be any more clear.

I also posted the entire Nelnet initial disclosures with the payment history and all the notes and the other faxes regarding the waiver of service.  I’m sure that they would NOT have accepted the waiver if I hadn’t posted my faxes here.  They were hoping I wouldn’t serve them on time and then they would have moved to dismiss for late service like TU, Equifax and Capital One.

Don’t believe a word they say - document EVERYTHING.

Looking through the Nelnet account history, many very bad memories came back.  What a headache that loan was!  Constant struggles for deferments, and I KNOW that I even had them send me an account history once because there were so many problems with the billing, but I didn’t see that notation.  Since they didn’t send statements, you could only wait for the letter advising that you’re late.  Fortunately they’re also noting each letter and how many days you were late, so that’s proof that the loan wasn’t delinquent and I sure didn’t have 8 late payments as they reported in 2003 to Experian.

I also saw a few over 30 days past due letters many years ago because of the deferment problems.  Fortunately, they’re so old they can’t report those.  I’ve had clients with student loan lates from various servicers due to deferment issues and they were verified and there was nothing my clients could do to get deletion.

If you or your kids are considering getting student loans - don’t do it.  It’s not worth the hassle.

Friday, January 06, 2006

Nelnet attorney Philip Overcash demand for damage computations and documents

I posted the communications at the new Nelnet topic at Fight Back!!!

My response to Philip Overcash with Kutak & Rock, attorney for Nelnet:

Dear Mr. Overcash:

My damages: $250,000 loss of income and opportunities ($50k/yr through 2005 and continuing), $100,000 for emotional distress and I’m seeking punitive damages to be determined by the jury.

You want documents?  How about submitting discovery requests?

I didn’t submit any documents with my initial disclosures because I spent many hours on my disclosures in my case against Equifax, only to get NOTHING from Equifax.  So I modelled my disclosures to you after the Equifax disclosures.  What works for Equifax works for me.

Is there a special exemption from the Rules of Civil Procedures for Equifax or credit bureaus in general?  I can’t copy from that pdf you sent and I certainly don’t have time to retype all the relevant portions of what you wrote on 12/20/05, but here’s a brief excerpt:

“...., I am hopeful that you will comply with the requirements of the Federal Rules of Civil Procedures and produce these documents immediately.”

Your attitude STINKS and I have a zero tolerance for liars.  I don’t see anything in the Rules requiring me to give you anything and I clearly complied with the rules by disclosing that I have documents.

I also find it notable that Experian for the most part only provided with its initial disclosures documents I already have, the credit reports, but none of the ACDVs or any correspondence with the furnishers.

Yesterday you wrote:

“While I could subpoena this information, I would like to avoid the time and expense of doing so.  Equifax has agreed to provide this information to me with your consent.”

When hell freezes over!  I’d have to be insane to authorize a CRA to provide my info to scummy outfits like Kutak & Rock and Nelnet.  Why do you think I’m suing?

Some important clues for you, Mr. Overcash:

While YOU get paid for every minute you work on this matter, I do NOT get paid. 

FYI, I don’t have a sugar daddy nor anyone else who pays my bills and the cost of this litigation.  Therefore, I have to WORK.

Additionally, you sent me your God damned demand for damage computations on 12/20/05, 4 days before Christmas.  If you don’t know that I cried when I wrote about my damages in my initial disclosures, what kind of a freaking moron are you? 

Do you really think I need to cry some more over Christmas while I diligently work on your demands?

I was trying to FORGET what I went through!

For 3 years Nelnet couldn’t have cared one bit about this.  What is the urgency?  Did you actually READ my faxes in the Nelnet initial disclosures?  Why am *I* to respond immediately and it’s perfectly ok for Nelnet to ignore me?

How about sending me the NELNET documentation for the reporting of the student loan? 

Why is this loan not on my Equifax report?

I rarely take more than a day to respond to e-mails, but between Nelnet’s “we couldn’t care less attitude” even after I sue, your decision to harass me about my damages just before Christmas and the sorry fact that you sent me a pdf that can’t even be copied, what did you expect?

How many e-mails did Kutak & Rock ignore when I tried to schedule the conference call?

What makes you think the world revolves around YOU?

I’ve had a lot of other things going on in the last 2 weeks, aside from holidays and the related time away from work due to phone calls to friends and relatives and taking an entire day off on Christmas Day.  I had an eye infection, I had a 12/29 filing deadline and I had to prepare my initial disclosures and discovery regarding illegal kickbacks and some extremely important mortgage advertising issues.

But rest assured that I will post my Nelnet docs as I did for Verizon at http://fight-back.us/forum/index.php?showforum=87 and I just started the Nelnet topic at http://fight-back.us/forum/index.php?showforum=90.

One at a time .... I hope to have the Nelnet documentation posted by the end of next week (what little I have, since Equifax gave me nothing in its initial disclosures), hopefully along with my initial disclosures to Equifax as well as the disclosures by all other defendants.  It takes a lot of time to remove my SSN and account numbers from the scans, but I’ll get it done, sooner or later. 

And then of course there will be the press releases about the specific violations to show America what scum I’m dealing with and how consumers need to sue hard and fast because the corporations will only stop defrauding consumers and ruining their lives through incorrect and incomplete credit reporting when the cost of litigation exceeds their illegally obtained profits.

My legal skills suck, but fortunately I’m not limiting my activities to the courts and my main interest is the public exposure of the crooks and their corrupt lawyers.

Christine Baker

c: Lewis Perling, Kilpatrick Stockton LLP, attorney for Equifax and posted at [this URL]

Yesterday I was in town for my monthly shopping and I didn’t get to read the Overcash e-mail until after 11 PM.  I wrote my response last night, but then didn’t send it because I expected to be less upset about this today, thought I’d give myself some time to cool off.  But I’m just as upset about this moron now as I was last night.  I didn’t tone down my response, but it got a lot longer.

Obviously, Mr. Overcash didn’t do Nelnet a favor by pissing me off and lying to me about my obligations under the Rules.  His obnoxious conduct probably works for other pro ses, but is he either stupid or did he intentionally make sure that I’m going to focus on his client Nelnet so that he can bill more hours?  Has business been slow for Kutak & Rock?

Interestingly, Judge Wake asked during the scheduling conference whether the defendants already requested my damage documentation through discovery, he did NOT say that I was supposed to provide everything in my initial disclosures.

I regularly receive reader complaints about Nelnet, but I’ve just been so busy with more important stuff.

My next posting will be about illegal kickbacks in violation of RESPA, paid by mortgage companies to spammers and junk faxers.  The mortgage companies claim that they’re only buying leads and aren’t responsible for the totally false advertisements.  Since most Americans believe everything anyone tells them as long as it sounds good, they really think they get 1% loans and they have no idea they’ll probably end up in foreclosure.

This is much more important than Nelnet, but Nelnet and all the other defendants in my federal suits will have my full attention starting tomorrow.

Tuesday, February 01, 2005

Delinquent student loan reporting: re-aged, multiple accounts and no reward for lump sum payments

The student loan reporting is often a MAJOR problem for borrowers who defaulted and then PAID the loans.

It is so UNFAIR that borrowers who pay their defaulted student loans without going through “formal” rehab are punished with devastating credit reporting.

It makes no sense to me.  If the borrower gets the rehab loan and makes payments, the derogatory credit reporting is deleted.  If the borrower simply writes a check for the entire outstanding amount, the *reward* is the charge-off, often re-aged, for MULTIPLE accounts.

Just about all the charged off and then paid student loans I’ve recently seen were re-aged to the date of payment instead of the date of first permanent delinquency. 

What really causes the student loans to destroy the credit scores is the reporting of each draw as a separate account.  Imagine your credit card being reported as a NEW account each time you use it. 

The CRA disputes are often ignored and most companies like Nelnet couldn’t care less about incorrect reporting unless sued.

And it sure is scary to see how young people become slaves from the start - they can’t afford to take a few years off after graduating, they’ve got bills to pay.  Wage slaves for life.

Nelnet Reports Student Loan Assets Up Approximately 29%

“… Net student loan assets at December 31, 2004 were $13.5 billion, up approximately 29 percent, or $3.0 billion, from $10.5 billion at year-end 2003. Growth in student loan assets is an important measure of Nelnet’s success in the marketplace and a key driver of future earnings. It reflects the strength of the company’s school-based products, services, and sales team, as well as the effectiveness of its direct-to-consumer strategies.

“Nelnet’s first full year as a public company was a record-setter, providing strong growth in base net income and student loan assets, two key measures we use to evaluate our success,” said Steve Butterfield, Nelnet Vice Chairman and Co-Chief Executive Officer. “More importantly, our accomplishments in 2004 have laid the foundation for continued growth.

“Acquisitions and strategic partnerships have positioned Nelnet for future student loan asset and fee-based revenue growth by expanding our national footprint and increasing our touch points along the financial aid value chain,” stated Butterfield. “In addition, economies of scale continue to provide opportunities for servicing and financing efficiencies. Our long-term focus and strategy have positioned us well to build on the past year’s success.” ...”