Christine Baker
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Fax: (571) 222-1000
Email:
In Pro Per
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Christine Baker;Plaintiff,
v.
Fair Isaac and Company, et al;
Defendants. / )
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AFFIDAVIT OF PLAINTIFF CHRISTINE BAKER IN SUPPORT OF HER OBJECTION TO DEFENDANTS AMERICAN CREDIT AGENCIES’ AND THOMAS WELLS’ MOTION FOR SUMMARY JUDGMENT
I, Christine Baker, being first duly sworn upon oath, depose and state as follows:
1. I am the plaintiff pro per in this action.
2. On December 10, 2001, I spoke with a Ms. Martin at American Agencies and advised of my Arizona address and I followed up with my written dispute.
3. As my disputes were ignored, I disputed again and Ms. Graves at American Agencies advised on 1/28/02 that she would not accept my dispute and that I needed to dispute with Pacific Bell.
4. On 1/31/02, I filed a small claims suit in Kingman, AZ, and according to the US Postal Service, the complaint was received by American Agencies on 2/2/02.
5. On 3/15/02, I started calling American Agencies to find out why no answer had been filed and why they had not contacted me.
6. On 3/20/02, Tom Wells in the American Agencies legal department left two voice messages for me. In the second message Mr. Wells stated: "… I did request the itemized bill from our client, I have that here ...."
7. I then called Mr. Wells and I explained to him in great detail the events leading up to my small claims complaint, beginning with Pacific Bell’s failure to credit my payment in 11/1996.
8. While Mr. Wells appeared very sympathetic, he subsequently faxed his renewed collection efforts, demanding that I reconcile the billing he faxed with my records despite the fact that I had specifically advised him that I had (and still have) all original bills for my Pacific Bells accounts and that the billing he faxed (9/97 to 12/97) was irrelevant.
9. On 3/21/02, Tom Wells answered the small claims complaint, denying any FDCPA violations.
10. I have proof of delivery for my faxed disputes, recorded voice messages by Ms. Graves acknowledging the receipt of the faxes and my faxes and voice mails were processed by a 3rd party provider to ensure authenticity.
11. On 8/21/02, I attended the court ordered mediation hearing and American Agencies failed to appear and had not contacted the court or me.
12. On 9/24/02, the small claims case was dismissed upon my request, as it was clear the American Agencies had no intention to settle this matter and I was not looking for a default judgment for only my actual expenses as documented by checks or credit card statements.
13. Throughout my many contacts with American Agencies nobody stated that they owned the account and on numerous occasions American Agencies employees referred to Pacific Bell as their client and even refused my dispute entirely and demanded that I dispute with Pacific Bell as they owned the account.
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Dated this 9th day of July, 2004.
Christine BakerPlaintiff Pro Per
SUBSCRIBED AND SWORN TO before me this 9th day of July, 2004.
Notary PublicMy Commission Expires:
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