Free Statement of Material Facts - District Court of Connecticut - Connecticut

Case 3:03-cv-00316-JCH

Document 100

Filed 04/08/2004

Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT JOHN J. CHAPMAN v. CASE NO. 3:03CV 316 (JCH)

EXPERIAN INFORMATION SOLUTIONS, INC. CHASE MANHATTAN BANK USA, N.A.

April 7, 2004

PLAINTIFF'LOCAL RULE 56(a)1 STATEMENT: CHASE S

Following are the material facts as to which there is no genuine issue to be tried. The facts are based on plaintiff'affidavit and the exhibits thereto. s 1. Plaintiff is a lifelong resident of Connecticut. 2. In October 2000, plaintiff opened a credit card account with Chase. 3. On October 9, 2002, when plaintiff'credit card was current, paid up to s date, and in good standing, Chase closed plaintiff'credit card account. s 4. Plaintiff did not get written notice that his credit card account had been closed. 5. Chase has a form letter notifying cardholders when an account is closed due to bankruptcy notification (Bates 173 [improperly designated confidential by Chase]; testimony of Allyson Foster, attached). 6. Plaintiff could not use his Chase card at a check out counter in late November, 2002. 7. Plaintiff contacted Chase on November 25, 2002, which reopened his credit card account the same day.

Case 3:03-cv-00316-JCH

Document 100

Filed 04/08/2004

Page 2 of 9

8. By letter dated December 25, 2002, Chase reduced the credit limit on plaintiff'account from $5,900 to $3,000. s 9. The letter of December 25, 2002, was admittedly false when it said that one of the reasons for closing plaintiff'account was s " The

consumer credit report we received shows a recent garnishment, foreclosure, lien, repossession, judgment, and/or bankruptcy." Testimony of Chase Witness Paul Arena, excerpt attached, with regard to Chase Bates 338-42, the consumer credit report, that it showed no such negative item. 10. The letter of December 25, 2002, falsely identified Experian as the source of the credit bureau information. Testimony of Kimberly Hughes, excerpt attached, that Chase did not get information from plaintiff'credit report at any time during 2002. s 11. On January 2, 2003, Plaintiff called Chase to complain. 12. Chase restored plaintiff'credit limit on January 3, 2003. s 13. By letter dated January 14, 2003, Chase confirmed that plaintiff' s account " remains in good standing" " in a current status." and is 14. Chase'records of plaintiff'credit card account (Chase Bates 3-4; not s s appended for privacy reasons) 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.

2

Case 3:03-cv-00316-JCH

Document 100

Filed 04/08/2004

Page 3 of 9

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 appeared automatically s on plaintiff'credit card account record. On October 9, 2002, a Chase s operator pulled up plaintiff'account record, coded it as bankrupt based s on the Solberg/ Oregon entries, and closed plaintiff'account. On s Monday, November 25, 2002, plaintiff'account record was s appropriately annotated, " (cardholder) did not file." Nov. 27, CH On " RMV BKCY (Remove bankruptcy) due to coded in error" was entered on Mr. Chapman'account record. s

THE PLAINTIFF

BY___/s/ Joanne S. Faulkner___ JOANNE S. FAULKNER ct04137 123 Avon Street New Haven, CT 06511-2422 (203) 772-0395 [email protected]

3

Case 3:03-cv-00316-JCH

Document 100

Filed 04/08/2004

Page 4 of 9

Case 3:03-cv-00316-JCH

Document 100

Filed 04/08/2004

Page 5 of 9

Case 3:03-cv-00316-JCH

Document 100

Filed 04/08/2004

Page 6 of 9

Case 3:03-cv-00316-JCH

Document 100

Filed 04/08/2004

Page 7 of 9

Case 3:03-cv-00316-JCH

Document 100

Filed 04/08/2004

Page 8 of 9

Case 3:03-cv-00316-JCH

Document 100

Filed 04/08/2004

Page 9 of 9

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