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Old 11-05-2001, 06:32 PM
Christine Christine is offline
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Join Date: Jul 2001
Location: The high desert
Posts: 4,524
The Small Claims suit I dismissed against Wells Fargo

On March 9, 2001 I posted Dispute with Wells Fargo resolved in a week ...

NOT!

While I got their letter promising deletion of the account, I ended up filing a Small Claims complaint on 6/12/2001, when the account was STILL incorrectly reported on my credit.

On 7/19/01 Wells Fargo ran my Equifax, I *think* in response to the suit. Wells Fargo requested and was granted a continuance. It took forever to get a mediation hearing scheduled, which Wells Fargo promptly got CANCELLED only 2 days prior to the hearing.

Judge Taylor scheduled the formal court hearing only a couple of weeks later, on October 15. I was on a real intense job the prior week. I had the file with me, but couldn't concentrate on that Wells Fargo matter while trying to figure out a client's business and finances. I requested a later hearing, as I was over 200 miles away and didn't even know if I'd get done by the weekend (I didn't), but judge Taylor DEDLINED a continuance.

So I had no choice but to DISMISS the law suit on the Friday prior to the October 15, 2001 hearing.

That was a REAL good move too. My truck was at a shop and I paid via phone with my credit card and they promised to leave the key under the seat so I could pick it up on Saturday. Then the key wasn't there and I had to wait until Monday. There was no way I could have attended the 10 AM court hearing - I would have lost my case.

For now I'll see what they have to say their permissible purpose to run my Equifax was.

Since I got several suits going right now, I'll wait to file again until I got more time. And, it would be really good if this could be turned into a class action, or if I could at least find a lawyer.

Due to that dismissed Small Claims complaint I now have MORE documentation proving that Wells Fargo PURPOSELY reports incorrectly - on their letterhead signed by John Weber, their Operations Manager in the Legal Process Department in Concord, California.

If nothing else, I can file in a different county next time and maybe I'll get a judge who is a little more consumer friendly and actually follows the law and considers evidence such as cancelled checks.
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