Free Affidavit - District Court of Connecticut - Connecticut

Case 3:03-cv-00316-JCH

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Filed 04/08/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JOHN J. CHAPMAN v. EXPERIAN INFORMATION SERVICES, INC. CHASE MANHATTAN BANK USA, N.A. PLAINTIFF' AFFIDAVIT S I am the plaintiff in this action. I make this affidavit on my personal knowledge in support of my motion for summary judgment. I am over the age of eighteen and believe in the obligation of an oath. 1. I am a lifelong resident of Connecticut. I have lived at my current Gales Ferry address CASE NO. 3:03CV 316 (JCH)

for over ten years. 2. 3. In October 2000, I opened a credit card account with Chase. As with all my credit obligations, I routinely paid the Chase account on time and kept

it in good standing. 4. On October 9, 2002, despite the fact that my credit card was current, paid up to date,

and in good standing, Chase closed the account. I did not know about the account being closed at the time. I base the date of the closing on the Chase records of my account produced in this case which I have seen. 4. 5. I did not get written notice that my credit card account had been closed. I found out that the account had been closed when I tried to use the Chase card at a

check out counter in late November, 2002, and the clerk told me the charge had been refused.

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6.

I contacted Chase on November 25, 2002, and it reopened my credit card account the

same day, after explaining it had someone else'bankruptcy listed on it. See attached letter s dated November 25, 2002. 7. Over a month later, I got a letter dated December 25, 2002, in which Chase told me it

had reduced the credit limit on my account from $5,900 to $3,000. The letter is attached. 8. The letter of December 25, 2002, was false when it said that one of the reasons for

closing my account was " consumer credit report we received shows a recent garnishment, The foreclosure, lien, repossession, judgment, and/or bankruptcy." have never had a I garnishment, foreclosure, lien, repossession, judgment, and/or bankruptcy. 9. The letter of December 25, 2002, was false when it said it was based on a consumer

credit report from Experian. I have received my Experian reports and they show no access to my credit report by Chase during 2002. I understand Experian is required by law to disclose to me all inquiries on my account. 10. The letter of December 25, 2002, was false when it said " consumer credit report The

we received shows a recent delinquency." Based on the Experian records I have seen during discovery in this matter, my file had included a delinquency on an Associates National Bank account belonging to an Oregon man, John Solberg, which Experian had removed on October 16, 2002. Chase did not get my Experian file in any event. 11. 12. 13. On January 2, 2003, I called Chase to complain. Chase restored my credit limit on January 3, 2003. By attached letter dated January 14, 2003, Chase confirmed that my account " remains

in good standing" " in a current status." and is

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13.

I have seen Chase'records of my credit card account (Chase Bates 3-4; not appended s

for privacy reasons). They include the following: One John Solberg, residing in Oregon, filed a Chapter 7 Bankruptcy Petition in Oregon on September 30, 2002. Chase electronically received notice of Mr. Solberg'bankruptcy. On October 3, 2002, Mr. Solberg'full name, s s full Oregon address, the Eugene, Oregon location of the bankruptcy court, bankruptcy docket and chapter number, filing date, name and phone number of debtor'Oregon attorney all s appeared automatically on my credit card account record. On October 9, 2002, a Chase operator pulled up my account record, coded it as bankrupt based on the Solberg/ Oregon entries, and closed my account. On Monday, November 25, 2002, my account record was appropriately annotated, " (cardholder) did not file." Nov. 27, " CH On RMV BKCY (Remove bankruptcy) due to coded in error" was entered on my account record.

I certify, pursuant to 28 U.S.C. §1746, and under penalty of perjury that the foregoing is true and correct. Executed on April 3 2004.

_____/s/ John C. Chapman___ John C. Chapman

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This is to certify that the foregoing was mailed on April 7, 2004, postage prepaid, to: Thomas Stagg Simmons, Jannace & Stagg 90 Merrick Ave # 102 East Meadow NY 11554 Michelle Blum Jones Day 3 Park Plaza #1100 Irvine CA 92614-5976 _____/s/ Joanne S. Faulkner__ Joanne S. Faulkner