Free Motion for Hearing or Conference - District Court of Arizona - Arizona

1 Florence, Arizona 85232
2 (520) 868-5580
3 Each of the individuals identified in paragraphs (1) — (15) are expected to have
4 discoverable information as to, among other things: (1) statements made and actions
5 taken by Fairbanks, (2) circumstances of conversations and communications between
6 Fairbanks and Plaintiff and (3) the impact of Fairbanks' conduct upon Plaintiff.
7 16. Lori Malewiski
c/o Mohr Hackett, Pederson, Blakley & Randolph, P.C.
8 2800 North Central Avenue, Suite 1100
Phoenix, Arizona 85004
9 (602) 240-3000
10 Lori Malewiski is expected to have discoverable information as to the funds she
ll loaned Plaintiff so that Plaintiff could pay the $7,000.00 required by the Forbearance
12 Agreement.
13 5. List each and every fact known to you that you contend supports or tends
14 to support your computation that you incurred $50,000.00 in damages to your credit as I
ig set forth in Section I(C)(1) of Plaintiffs Initial Rule 26.1 Disclosure Statement of
Plaintiff dated June 1, 2004. l
17
18 Answer to Interrogatory 5: Fairbanks classified my loans as delinquent, even I
19 though the payments I submitted were enough to cover the scheduled monthly
20 payments. Fairbanks then improperly and intentionally and erroneously advised credit
21 bureaus that my loans were delinquent. Upon information and belief, those credit
22 bureaus included Equifax, Experian and Trans Union. See November 21, 2003 order
23 preliminary approving stipulated final judgment and order as to Fairbanks Capital Corp.
24 and Fairbanks Capital Holding Corp. in Cause NO. 03-12219 before the United States !
25 District Court for the District of Massachusetts at p. 38. I attempted to purchase a car
26 and I was denied credit on three different occasions by three different dealerships. I
27 eventually did purchase a vehicle but the interest rate was 19%. I could have obtained a
28 lower interest rate but for Fairbanks negative reports to the credit reporting agencies. I
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1 assumed that Fairbanks would soon have my problem solved and I could re-finance my
2 vehicle at a lower interest. I also applied for a loan to purchase a computer through
3 Gateway Computers and was denied because of negative reporting and other wrongful
4 conduct by Fairbanks.
5 After September ll, 2001 when all the interest rates dropped dramatically, I was
6 still unable to re—finance my mortgage with another lender because of the negative
7 reports from Fairbanks to the credit services. On one occasion, I asked my daughter
8 who works for First National Bank of Arizona, to help me re-finance nry mortgage.
9 First National Bank of Arizona would not refinance my mortgage because of my bad
10 credit.
11 I also applied for the position of Product Support Administrative Assistant at
12 Empire South in the Mesa area. When I arrived for the interview I was asked to
13 complete a form for a credit check. I completed the form. This was very embarrassing
14 to me as I knew that my credit report was not good. I did not get the position that lf
15 applied for.
16 I also applied for a loan through Pinal County Federal Credit Ijnion for the
17 money to payoff Fairbanks after the foreclosure process began. The Pinal County
18 Federal Credit Union would not lend me the money to payoff Fairbanks because of the
19 negative reports submitted to the credit reporting agencies by Fairbanks.
20 On another occasion, my air conditioner needed to be replaced. I again asked the
21 Pinal County Credit Union for a loan. This loan request was also denied. The PCCU
22 could not lend me money because I had filed bankruptcy so I had to borrow $2,000
23 from a friend.
24 The wrongful conduct of Fairbanks was solely responsible for me having to file
25 bankruptcy. Fairbanks caused me to become delinquent on other obligations to other
26 creditors. Had it not been for Fairbanks’ wrongful conduct, I would not have had to file
27 a bankruptcy petition.
28 The bankruptcy is now a matter of public record. It cannot be undone. It will
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1 remain a matter of public record for several more years. It has caused me public
2 humiliation and embarrassment. It has also had an adverse impact on my ability to
3 obtain credit and alternative employment. It has also required me to incur legal expense
4 and live according to a court-supervised budget in the form of a Chapter 13 plan. I now
5 bear the stigma of being bankrupt. The bankruptcy has prevented and will continue to
6 prevent me from taking advantage of several opportunities including the remodeling or
7 improvement of my existing home, the purchase of a new home, favorable financing
8 rates, and purchase of other items. It has also prevented me from making additional
9 monetary investments in my children and their education. It has also prevented me
10 from rendering financial assistance to my children and investing in my own personal
11 retirement. I am also unable to travel and otherwise enjoy life during what should be
12 the best years of my life. All of these factors add up to damages far in excess of
13 $50,000.00.
14 6. List individually the name, address, and telephone number of each person
15 whom you intend to call as a witness, pursuant to Federal Rule of Evidence 702, to
16 support your computation that you incurred $50,000.00 in damages to your credit as set
17 forth in Section I(C)(1) of Plaintiffs Initial Rule 26.1 Disclosure Statement of Plaintiff
18 dated June 1, 2004. .
19 Answer to Interrogatory 6: At this juncture, I have not yet identified any
20 witnesses who will offer expert opinion testimony on this issue. I may, if necessary,
21 retain experts to testify as to the meaning and implications of credit reports prepared by
22 the credit reporting agencies identified on p. 38 of the November 31, 2003 Order in the
23 FTC Action (hereafter the "FTC Order"). A copy of the FTC Order is attached as
24 Exhibit 1 to the January 14, 2004Case Management Plan in this case and is incorporated
25 herein by this reference. I will supplement my answer to this interrogatory if and when
26 such witnesses are identified.
27 See also Section I(A) of Plaintiffs Initial Rule 26 Disclosure Statement
28 paragraphs (46) — (50), and (52) — (54) previously provided to Fairbanks Capital
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