After spent an afternoon going round and round with Equifax trying to them to dispute a some inquriesand have them claim they were considered matter of fact and they wouldn't investigate I decided to call the Federal Trade Commission and see if this was the correct thing for them to do according to the FCRA. The lady on the phone explained to me and refered me to part of the statute that stated all employment related inquiries were to stay on your report for two years and my non-employment inquiries on your report for a total of one year. This was completely different from what I had always thought the time limit was 2 years for everything. Thinking I had misunderstood the woman or she could be wrong I waited about 10 minutes and called the FTC back and spoke and got the exact info from a different lady. So I now have crafted a letter asking for equifax to remove not investigate about 35 inquiries that are on my report that are needed to taken off according to this part of the statue. Equifax had split me into two files because of my file size. Hopefully I will be able to get to one file now. I was always told it never hurts to ask and this is a good example of why thats true. Thanks.
they both mentioned sect 609 sub section 3 para graph a sunsection i and ii (3) (A) Identification of each person (including each end-user identified under section 607(e)(1) [§ 1681e]) that procured a consumer report (i) for employment purposes, during the 2-year period preceding the date on which the request is made; or (ii) for any other purpose, during the 1-year period preceding the date on which the request is made. I didn't think the lady was correct when I first called. When I called the second time and the lady qouted the part of the statue I asked her ,"So if equifax has on my report an inquiry from Capital One on 09/11/00 that it shouldnt be listed and needs to come off" and her reply was yes. but if I had applied for a job with Capital one and they pulled my credit it would stay on for two years. So I'm faxing off a letter today to Equifax and see if I get results this time. I asked the lady what recourse I would have if equifax still won't remove these inquiries what I could do. She said I could either contact the BBB or a private attorney and go from there.
I have brought up that point here before. All of us are more focused on derrogs than inquiries but from what I read in the FCRA, the inqs have to come off at 1 year NOT the 2 the CRAs keep using.
Ok cool I didn't know what as Im still new this this board. Im still working on getting derogs off but my bigger problem is split reports that equifax claims is due to a large inquiries. Thanks This board and its members kick butt!
I've never heard of a split report - how large does your file have to be in order to have one? And, what kinds of problems have you run into because of it? I know this is kind of OT, but it's something I've never heard of.
This falls under the section of the law regarding disclosures to consumers. If you run your own credit, they have to give employment inquiries going back two years, and all others going back one year. I can't find anything that says how long the inquiries remain if someone else pulls your credit. There seems to be a loophole here -- do you suppose the CRAs will leave them on for everybody but the consumer?
Don't forget NOT to hang your hat on what they say when you call the FTC. They are not always right either, as qualified atty's. are not the ones who man the phones. Evidenced by Charlies comment on: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=236389#post236389 Sad but true.
When my file was split the first time in Feb. neither I nor any lenders could obtain a score. This was the situation for almost 2 weeks. It split again in July, but this time I could get my score. Only a few of my tradelines appeared, and my score was clearly based on just those showing. I have read here, of others who only had access to a report/score with their negatives. The second time it was recombined w/out any outside action.
The service reps told me 54 lines of info was all a file could hold before it automatically splits into two files. Well as far as problems I can't speak for everyone but one file on me had all my negative acounts duped and one or two good lines and the other report for me has all my good lines duped and one or two negative ones. Im just wondering what creditors see. I know I went and one turned me down because of no score availible, but I was also able to get a new Kia with a beacon of close to 700 a few days later So Im not whats happens or what exactly cause a file to split. All I want is them to correct mine. Hope the letter I faxed them today will make them snap into action
This is a very interesting question. Is it a loophole or can we actuallly call the CRAs on it and make them remove those inq's?
Well I faxed them a letter stating this part of the act and that I spoke with the FTC and told them to remove inq's that were 1 year and older. So Im just gonna wait and see what kinda of reply I get from them to see what action I take next. My file is split into two files and this part of the act sounds like inquiries can only stay 1 year. If they don't remove I will file a complaint with the FTC and contact a lawyer and see if what type of litagation may be taken
Doesn't say anything about 'must remove after one year' it DOES say that it must remain for one year. just my thoughts on the matter...
I should think that would be worth a try though -- it doesn't say a year and a half, either. I have a couple of inquiries coming up on one year old (that I have been trying to have removed anyway, with no luck), so I'll give it a shot and see what happens.
