Dell Financial Services Hard Inquiry / Refuses to Remove

Discussion in 'Credit Talk' started by at91123, Feb 2, 2008.

  1. at91123

    at91123 Member

    I disputed a hard inquiry from Dell Financial Services.

    They wrote back and told me:

    "Be advised DFS reports consumer accounts to Experian, Equifax and Transunion. Although Dell Financial Services reports, the credit report is the sole property of the bureau providing the report. In order to verify or amend information on your credit report, you must contact the credit agency providing teh report to you."

    I drafted the following letter in reply - is this a good response or does anyone suggest a different course?


    "I am in receipt of your response to my correspondence dated January 17, 2008.

    As you apparently do not know, Credit Reporting Agencies treat inquiries as a statement of fact and will not allow a consumer to dispute them. Since it is against federal law (Fair Credit Reporting Act -- 15 USC 1681b) for an entity to view a consumerâ??s credit report without a "permissible purpose," I am again writing to inquire as to your alleged purpose for doing so since I did not apply for employment with your organization nor did I request credit from your organization. Unless you are able to prove otherwise, I again request you remove this illegal inquiry.

    You are civilly liable to me in the amount of $1,000.00 for your willful violation of the law by performing a "hard inquiry" on my Experian file without my permission and you are also civilly liable to me for any drop in my credit score as a result of your illegal inquiry.

    Kindly accept this letter as my final offer to resolve this matter amicably. Please be advised of my intent to sue Dell Financial Services if your illegal inquiry is not removed within fifteen (15) business days of your receipt of this letter.

    Warm Regards,"
     
  2. enigma

    enigma Well-Known Member

    Did you apply for credit from Dell?
     
  3. apexcrsrv

    apexcrsrv Well-Known Member

    That is the $64,000.00 question . . .
     
  4. at91123

    at91123 Member

    I purchased a Dell computer online about one year ago but I did not finance it (I paid for it up front). I suppose it's possible that, during the checkout process, I may have asked them to evaluate me for financing/credit, etc. (though if that happened it would have been inadvertent) but I'm 85% certain I didn't and I certainly didn't sign anything since the whole transaction occurred online.
     
  5. jlynn

    jlynn Well-Known Member

    If you asked, them, then they would have had PP. A pen and paper signature is no longer the only way to give PP.

    Otherwise, we would not be able to apply for credit online, over the phone, etc. ;)
     
  6. jlynn

    jlynn Well-Known Member

    Based on what section of the FCRA?
     
  7. enigma

    enigma Well-Known Member

    Even if you did not apply for credit from Dell or their financing unit, you had a "business transaction" with them. That alone is a PP to pull.

    Dell regularly verifies address via CR's.
     
  8. at91123

    at91123 Member

    That must be it then; thanks for the education!
     

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