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slowjam1969

how to respond to discovery on fcra impermissible pull credit case

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Trying to understand how to respond to interogatoies request for admissions and production in a fcra credit pull case

 

Some of the request seem redundant

not asking for actual damages in case

not requesting experts for a credit pull case

also i think asking for my credit report is not required, since thats what i am suing about

asking about jail or prison records and questions is irrelavant to case

Exhibit A i never recieved in mail recieved thru email from attorney a piece of mail they say was sent 2 years ago

Exhibit B was recieved thru email in a response to a intent to sue letter

 

 

DEFINITIONS
A. “Issuer” refers to Citibank (South Dakota), N.A.
B. “Account” or “the Account” refers to the Visa Account ending in 4227
issued by Citibank, N.A. in the name of Philip York.
C. “Card” or “the Card” refers to the Visa credit card that was issued on the
Account.
D. “Plaintiff,” “you,” “your,” or “yours” refers to Philip York.
E. “Defendant” refers to LTD Financial Services, L.P. and encompasses any
person, employee, or other entity authorized to act on behalf of LTD Financial
Services, L.P.
 

 

 

these are some interogatories and admissions i have been asked below and not sure how to respond

 

 

INTERROGATORIES AND REQUESTS
Interrogatory No. 1:
State every address at which Plaintiff has resided or that Plaintiff has used for
any business purpose from January 1, 2009, to the present.

 


RFA No. 1:
Plaintiff received the Card.


RFA No. 2:
Plaintiff activated the Card.


RFA No. 3:
Plaintiff used the Card.


Interrogatory No. 2:
If your answer to RFAs 1, 2, or 3 was anything other than an unqualified
admission please identify all persons whom you contend or believe may have
activated or used the Card.


RFA No. 4:
Plaintiff applied for issuance of the Account.


RFA No. 5:
The Account was issued to Plaintiff.


RFA No. 6.
Plaintiff agreed to pay all charges incurred on the Card.


RFA No. 7.
Plaintiff agreed to pay all charges incurred on the Account.


Interrogatory No. 3:
If Plaintiff denies having agreed to pay for all charges incurred on the Card or
the Account state Plaintiff’s understanding of his obligations upon using the
Card or the Account.


RFP No. 1:
If Plaintiff denies having received the Card please produce all correspondence
between Issuer and Plaintiff.


RFP No. 2:
If Plaintiff denies having received the Card please produce Plaintiff’s checking
account records for the period from January 1, 2008 through and including
September, 2009.


RFA No. 8.
Plaintiff received the attached Exhibit A.


Interrogatory No. 4:
If Plaintiff denies having received the attached Exhibit A then please state the
address at which Plaintiff was residing on August 20, 2010.


RFA No. 9.
Paragraph 21 of Plaintiff’s Complaint describes the conduct of Defendant on
which Plaintiff’s suit is based.


RFA No. 10.
The two credit inquiries described in Paragraph 21 of Plaintiff’s Complaint are
the only actions of Defendant forming the basis of Plaintiff’s claim.


RFA No. 11:
Plaintiff incurred charges on the Account.


RFA No. 12:
There were no charges on the Account that were not authorized by Plaintiff.


RFA No. 13:
By accepting each such charge under the terms of the agreement applicable to
the Account Plaintiff became bound to pay the amounts of such charges.


Interrogatory No. 5:
If Plaintiff denies having accepted each charge on the Account, identify each
charge on the Account that Plaintiff disputes and state the factual basis of each
such dispute.


RFA No. 14:
Until at least the date that the Account was charged off to profit and loss Issuer
sent to Plaintiff on a monthly basis a statement of charges and balance due on
the Account.


RFP No. 3:
Please produce all billing statements to Plaintiff which pertain to or refer to the
Account.


Interrogatory No. 6:
If Plaintiff’s response to RFA No. 14 was anything other than an unqualified
admission state the factual basis of any such refusal to admit.


RFA No. 15:
Plaintiff did not, within sixty days of the date of any billing statement on the
Account send to Issuer a written dispute of the billing statement.


RFP No. 4:
Please produce true copies of all correspondence from Plaintiff to Issuer
disputing any billing statement on the Account, together with proof of sending
and receipt of such correspondence.


RFA No. 16:
Plaintiff failed to pay all of the charges on the Account.


RFP No. 5:
If Plaintiff’s response to RFA No. 16 was anything other than an unqualified
admission please produce true copies of all payments made on the Account.


RFA No. 17:
In 2010, the Issuer engaged Defendant to collect the Account,


Interrogatory No. 7:
If Plaintiff’s response to RFA No. 17 is anything other than an unqualified
admission state the facts on which Plaintiff bases his refusal to admit.


RFP No. 6:
If Plaintiff’s response to RFA No. 17 is anything other than an unqualified
admission please produce true copies of all documents on which Plaintiff bases
his refusal to admit.


RFA No. 18:
The attached Exhibit A is a true copy of Defendant’s correspondence to Plaintiff
dated August 20, 2010.


RFA No. 19:
The attached Exhibit B is a true copy of Defendant’s correspondence to Plaintiff
dated October 5, 2012.


Interrogatory No. 8:
State all dates on which Plaintiff has been in a state or federal jail or prison
from January 1, 2008, to the present.


Interrogatory No. 9:
For the period from January 1, 2004 to the present state each crime of which
Plaintiff has been convicted, whether through bench trial, jury trial, or plea
bargain.


RFP No. 7:
For the period from January 1, 2004 to the present state each crime of which
Plaintiff has been charged, other than parking and speeding offenses.


RFP No. 8:
Produce all documents evidencing any credit denial or credit impairment as a
result of the conduct described in Paragraph 21 of Plaintiff’s Complaint.


Interrogatory No. 10:
If Plaintiff is claiming actual damages in this case please:
a. state every dollar of actual damages that Plaintiff claims and
explain how all such damages were calculated;
b. identify all witnesses to such actual damages; and
c. identify all documents that evidence or relate to such actual
damages.


RFP No. 9:
If Plaintiff is claiming actual damages in this case please produce the
documents that evidence or support every dollar of actual damages that
Plaintiff claims.


Interrogatory No. 11:
Identify all persons whom you intend to call as witnesses at trial, other than
rebuttal or impeaching witnesses the necessity of whose testimony cannot
reasonably be anticipated before trial.


Interrogatory No. 12:
Identify all persons whom you may call as expert witnesses at trial and state
the subject matter of each such person’s anticipated testimony and the
opinions of each such person concerning the subject matter of this litigation.


RFP No. 10:
With regard to each expert identified in response to Interrogatory No. 12 please
produce:
a. the expert’s resume or curriculum vitae;
b. all non-privileged notes pertaining to the expert’s opinions in this
action;
c. any reports prepared by such expert;
d. all documents and materials reviewed or relied upon by such
expert in preparing the report; and
e. all correspondence between you or your attorneys and each such
expert.


Interrogatory No. 13:
Identify all persons whose mental impressions or opinions have been reviewed
by any person whom you may call as an expert witness at trial.


RFP No. 11:
With regard to each person identified in response to Interrogatory No. 11 please
produce:
a. the person’s resume or curriculum vitae;
b. all notes of such person that were reviewed by any expert identified
in response to Interrogatory No. 13;
c. any reports prepared by such person that were reviewed by any
expert identified in response to Interrogatory No. 13;
d. all documents and materials reviewed or relied upon by such
person in preparing any such report; and
e. all correspondence between you or your attorneys and each such
expert.


RFP No. 12:
Please produce all correspondence between Defendant (or any of its attorneys)
and Plaintiff (or any of Plaintiff’s attorneys).


RFP No. 13:
Please produce all correspondence between Issuer and Plaintiff.


RFP No. 14:
Please produce all statements of Defendant or any of Defendant’s attorneys.


RFP No. 15:
Please produce all witness statements pertaining to this litigation.


RFP No. 16:
If Plaintiff is seeking mental anguish damages from Defendant, please produce:
a. the documents evidencing the specific acts or omissions of Defendant
that Plaintiff contends were the cause of such mental anguish damages;
b. the documents evidencing the date(s), nature, and duration of the alleged
mental anguish damages that Plaintiff contends were caused by each
such act or omission;
c. the documents evidencing the manner in which such alleged mental
anguish caused any disruptions in Plaintiff’s daily routine;
d. the documents evidencing all mental and physical health care and
counseling that Plaintiff received in connection with such alleged mental
anguish damages;
e. the bills for all mental and physical health care and counseling that
Plaintiff received in connection with such alleged mental anguish
damages;
f. the receipts for all medications that Plaintiff claims to have taken in
connection with such alleged mental anguish damages;
g. any other documents evidencing such alleged mental anguish damages;
and
h. a medical authorization in the form attached hereto for every mental and
physical health care professional who has counseled or treated Plaintiff
in connection with or as a result of such alleged mental anguish
damages.


RFP No. 17:
If Plaintiff is seeking compensatory damages for economic or pecuniary loss
from Defendant, please produce:
a. the documents evidencing the specific acts or omissions of Defendant
that Plaintiff contends were the cause of such alleged economic or
pecuniary loss;
b. the documents evidencing each component of the alleged economic or
pecuniary loss that Plaintiff contends was caused by each such act or
omission;
c. the payroll records and any paycheck stubs evidencing any alleged loss
of wages claimed by Plaintiff against Defendant;
d. the canceled check, receipt, or credit card statement evidencing each
such alleged economic or pecuniary loss;
e. Plaintiff’s last two federal income tax returns; and
f. Plaintiff’s last two state income tax returns.


RFP No. 18:
Please produce Plaintiff’s Trans-Union, Experian, and Equifax reports or a
verified consent in the form attached authorizing Defendant to obtain copies of
such reports.


Interrogatory No. 14:
State the amount of attorney’s fees and costs, if any, that Plaintiff is seeking in
this case.

 

 

 

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I would deny everything, produce nothing, and object to some of the personal information (tax returns etc.) Discovery is covered all over this site. Also, in a lot of your RFA's etc. I believe "plaintiff" should read "defendant" .

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You are the one who's suing the creditor?  Are you suing the original creditor or a collection agency?   Maybe some details would help us.  How was their pull impermissible?

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I would deny everything, produce nothing, and object to some of the personal information (tax returns etc.) Discovery is covered all over this site. Also, in a lot of your RFA's etc. I believe "plaintiff" should read "defendant" .

 

He is a pro se plaintiff (I read the case on Pacer ).

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