Household - Orchard Bank - Beneficial - HFC

My 2003 Credit Suit
Objecting to mandatory binding arbitration
Household inquiries without permissible purpose: get your $1,000 - or more!
Household predatory lending
Household is shredding the evidence
Who is responsible?
Credit links
GUESTBOOK! 

Sue, people, sue!!!!

My summary of events leading up to my suit

The very short version of my complaint against Household:

I paid off my Orchard card in 1998 and I notified Orchard several times in writing of my new address. They failed to process my address change, and then charged off my account when I didn't pay the annual fee. Of course I didn't get any bills, and didn't miss them either, because I didn't use the card and it was paid in full.

When I found out about their failure to change my address in spring 1999, I called Orchard and several supervisors assured me that they corrected the billing and that they would not report any derogatory data on my credit. They lied.

In late summer 2000, I  discovered that Orchard reported a charge-off on my credit.  I spent a tremendous amount of time getting them to acknowledge their screwup, and I finally got a letter from Terry Watson in the Orchard Compliance Department, promising deletion. They lied again!

In 2001, I again reviewed my credit and there was the Orchard charge-off!

I filed suit in Kingman, AZ, small claims court, but Orchard ignored my complaint until I was about to get a default judgment. At some point Household purchased Orchard, in case you're wondering what the connection is.

Terry Watson requested that I provide the court papers and I promptly complied with his request.

Instead of apologizing for their horrible mistakes, Household did nothing.

So I included Household in my 2003 federal suit.

Household has never offered as much as one penny compensation for the tremendous damages they inflicted on me. And I was not looking for millions, I would have been satisfied with a few thousand dollars. It would have made me feel like Household paid at least "something."

Instead, they filed the Motion to Dismiss or Compel Arbitration.

Household should be the dictionary definition of SCUM.

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A very similar Household complaint:

10/11/03: STC Solutions collection violation, Household/Orchard didn't close account

June 24, 2003: Household Motion to

1) Dismiss because I waited too long to sue and in the alternative, to Compel Arbitration.

The scanned motion

Unfortunately, I didn't get the Motion until my 10 days to respond were already up.  I responded much too late, but aside from my late response, the Judge also dismissed because I waited too long to file the law suit. While the Orchard charge-off was still on my credit in 4/2001, the 2 year statute of limitations starts when you DISCOVER the incorrect credit reporting. And if you deal with a collector, the SOL is only 1 year, so you really have to act fast.

I have been publishing for many years and I learned quite a few things about credit reporting and the Fair Credit Reporting Act (FCRA.)

Now I learned how important it is not to waste a lot of time on resolutions outside court.

I publicize my defeat so that you won't make my mistakes. Again, I'm NOT an attorney, but here's my advice based on my "Household" experience:

File suit as soon as you have a legal claim

• File as soon as you have a legal claim. Don't wait more than a couple months.  The statute of limitations (SOL) for credit reporting violations is 2 years and apparently only 1 year for slander and libel in Arizona and for FDCPA (collection) violations.

Do NOT agree to arbitrate

• The Trial Lawyers Mandatory Arbitration Abuse Prevention Project
  
  
• Arbitrators are most likely on the big corporations' side.
  
  
• Arbitrators have no idea what it means to struggle to make payments and to have your credit destroyed by a scummy corporation like Household.

• Arbitration is EXPENSIVE!
  
  
• Arbitration is SECRET. I never see any stories about fascinating arbitration proceedings.
  

At CreditCourt you'll find some great links including court decisions AGAINST binding arbitration.

Check you credit reports for Household inquiries without permissible purpose - collect your $1,000 and more!

Especially if you discharged a Household/Orchard account through bankruptcy, look for credit inquiries - you might be entitled to $1,000 or more per inquiry.  Wells Fargo sent me a $1,000 check. As of this writing, that page has been read over 6500 times.  

Many readers have received their checks from creditors and collectors.

This is so easy, because the FCRA calls for $1,000 in statutory damages, you don't have to prove damages.

Of course Household commits many other credit reporting and lending violations.

Predatory Lending

Household proposed settlement: DO NOT ACCEPT!

Check out your options, the deal STINKS!

Legal Group Says Borrowers Need to Consult a Lawyer Before Accepting Any Payment in Household Finance Settlement

"Without admitting wrongdoing, Household agreed to pay $484 million to borrowers nationally, with $37 million of that amount going to borrowers in New York State who made loans with Household or Beneficial between January 1, 1999 and September 30, 2002."

From Legal News Watch:

It's not just Ollie North and Enron shredding ....

Who is responsible for the Household actions?

Throughout this page I mention "Household" and "Orchard."  One could think that the "corporation" spends all day contemplating new ways to rip people off.  Of course that's not so.

The officers and management who run Household International and their many subsidiaries and related companies are personally responsible for the corporations' actions.

While I didn't name them because I already named the CEOs for the credit bureaus and the VP for the Federal Reserve Bank of Richmond, and 28 defendants are already more than I can handle, you should seriously consider naming CEOs and managers if you sue.  Have a look at my 8/28/03 Responsive Memorandum in support of my Objection to the Experian CEO Craig Smith Motion to Dismiss.

The lawyers who defend scum like Household are responsible for their actions too.

In my case, Lisa M. Coulter and Carrie M. Francis, Snell & Wilmer LLP, Phoenix, are the attorneys for Household.

Lisa M. Coulter Carrie M. Francis

"Character comes through." -  according to the Snell & Willmer web site.  The character of slime?

Don't they look like real nice people? Looks are so deceiving.

How can you work for a company like Household, working to dismiss legitimate consumer claims?

Lisa M. Coulter and Carrie M. Francis, don't you know what's right and what's wrong?

Why do you choose such a destructive and evil way to make a living?

My 10/11/03 e-mail to Lisa Coulter and Carrie M. Francis, congratulating to the dismissal and advising of my publications here.

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The victims

I've been trying to HELP people in foreclosure, defrauded and abused by corporations like Household for 9 years now.  My 1995 Transamerica documentary is a very typical example of Corporate America preying on those who are ignorant and unwilling or unable to learn and fight.

The California Department of Corporations approved the Transamerica attempt to cheat a widow in foreclosure and bankruptcy out of over $15,000.

My 2002 documentary: Wells Fargo and the Buckley Firm conspiring to fraudulently foreclose on Lynette's home.

I realize now that I can only help people who are willing and able to learn. It is truly astonishing how many people never learn how to pay their bills, and how many people get wrongfully foreclosed on a second time.

Most victims expect help from people like me, expect to be helped cheerfully and free of charge, again and again - and they never take ANY steps to stop the fraud.

Of course some people are physically and/or mentally impaired and unable to follow simple instructions on how to get an accounting statement.  But, I have neither the time nor the financial resources to dedicate hundreds of dollars and hours towards helping just one person, with a 95% chance of ending up in foreclosure and bankruptcy no matter what I do for them. Sorry!

I am happy to assist readers who are willing to help themselves and others. 

I posted many legal resources at CreditCourt.

I provide free web space to publish your documentation. I'll even set up a blog for you.

But if you're not willing to stand up for your rights, why should I waste my time on you?

It is encouraging to finally see a conspiracy suit against some big names:

If people just documented their payments and the lender fraud, we'd see a lot more of those suits.

Add your comments to the GUESTBOOK!

Credit, legal and Household related links

For thousands of credit reporting and collection questions and answers check out CreditForum.org. This forum is closed to new questions because just about any question must have been answered at least once. However, I will make an effort to assist people with Household related complaints.

10/11/03: STC Solutions collection violation, Household/Orchard didn't close account

CreditFactors is the new reference & resource forum.

For published suits, evidence and resources for use for your legal ventures related to credit reporting and collections, check out the CreditCourt Forum.

The "blog" (chronological documentation) of my 2003 Credit Suit.

Since I am extremely busy, and I'm NOT an attorney, I can't help you with legal matters.  But I will be happy to tell you what I would do.

A transcribed complaint against First USA and CRAs written by an attorney.  Save the Word file and modify it for your case. It's not that hard to file a law suit when all you have to do is change the names, addresses and specific events.

Locating an attorney, publishing your case, representing yourself?

I might be able to recommend an attorney who will take your case on contingency.

If you have any questions about this page and/or Household, please e-mail christine@bayhouse.com

"Sue, people, sue!!!!"

Christine Baker