Someone placed multiple inquires in the last 2 days.

Discussion in 'Credit Talk' started by Kameleon, Jul 5, 2013.

  1. Kameleon

    Kameleon Well-Known Member

    Yesterday and today i got alerted by my Credit Monitoring service that the same company
    has placed an inquiry on my TU credit report. So that's 2 hard inquiry in less than 24 hours.

    I did a quick search for "inquiry"/"inquiries" on the forum and it's not yielding much. I'm hoping one of you guys can point me in the right direction so i can tackle this tonight.

    1)Should i have paid all 3 CRA to lock my credit report while i do repairs? or Does that mess up the process?

    2) Do they have legal grounds to do multiple inquiries on TU?

    3) I have noticed that in April a different CA had placed an inquiry on TU & EXP. But nothing ever became of it they never contacted me about a debt, they are not listing on any of my reports...Do they have the right to ding my credit with and inquiry and do NOTHING after that?

    I'll read into the permissible purpose laws when i get back. I have to run to the Post Office to send out a few more letters today!... Sucks to be this busy and spend my days off for the past 5-6 months with only one single positive outcome! ... i know no one said it would be easy but gezzzz it's a new situation every 1-2 days.

    Thanks of any advice or input or directional help you can provide!
     
  2. mindcrime

    mindcrime Well-Known Member

    1) They need to have a permissible purpose. Section 604 of the FCRA....not too familiar with it as far what creditor has to do though.... I think maybe certify that they have a permissible purpose, and I don't think this would have anything to do with opting out from promo lists/offers or fraud alerts (which is what I think you may be thinking of)

    2) Are you absolutely sure there were two pulls? I ran into an issue where my CMS gave two alerts for a similar situation of a 'creditor pulling two hards on TU', and when we pulled an actual report from TU, there was only one. In our case, this creditor had a legit reason for the pull, and of course the CMS couldn't care less for their 'system error'.

    3) Sounds like this was the 'initial communication with a consumer' to me.
    [15 USC 1692g]
    (a) Within five days after the initial communication in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

    ...and here it is 3 months later and no contact from them?

    That could be a nice starting point for you in making them go away for good.


    more on that since I guess it can be argued what is initial communication......
    [15 USC 1692a]
    As used in this title --

    (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

    a collection agency viewing my report is enough information IMO that there is an alleged debt. Don't think CA's peek at anyones credit for the fun of it.
     
  3. Kameleon

    Kameleon Well-Known Member

    1)okay maybe i did misunderstand i thought if you did a credit freeze on your credit file at say Experian. Then "no one" could look at the report, not for any reason, permissible or not. I'm not assuming that current accounts cannot be reported on or update with payment info. I mean just a straight up HARD inquiries would be blocked.

    Why would a CA have permissible purpose and allowed to "run my credit"/ have a look at my ENTIRE credit report? If they have a legitimate debt they think i owe just tell the CRA to place it on my report, i CANNOT ever stop that from happening "credit freeze" or not! So that's why i thought of the credit freeze. Promo and offers i opted out of a long time ago (even though they still trickle in.)

    Also, i'm reading more but isn't soft inquiries what CA's should be using, as that gets them current contact info wihtout ruining my credit score!

    2) You are correct here. I have 2 alerts from EQ CMS. Today i gained access to my new CMS (eliminate ID) and i got my 3-in-1 and it shows as of today there is only 1 inquiry made but it was on (July 3rd). Equifax was wrong on the amount of inquiries and also the dates i assume. I cannot confirm with TU because when i log-in to dispute an item (back door method; to see my current credit report) The site always blocks me and tells me i can phone or write to them about disputing.

    3) I completely agreed. I will send the inquiry dispute along with the code violations you suggested to the older inquiry and keep and eye out in the next 5 business days for these guys. THANKS !!!

    I got a PDF of the FCRA and FDCPA on my phone, laptop & google drive. So it will be my study guide for the rest of the month. This should hopefully come in handy as all theses account start rolling back into me..
     
  4. mindcrime

    mindcrime Well-Known Member

    1) With a security freeze on a EX report: A security freeze generally does not apply to circumstances in which you have an existing account relationship and a copy of your report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control or similar activities.

    This CA may have fell under the "does not apply".


    Yes, I would agree about it being a soft vs hard; that's the whole idea behind already being an existing creditor or agent or affiliate and THAT'S what softs are used for in the first place and I don't see how a business can get under the security freeze fence by falling in the "does not apply" category, but then being able to pull a hard one on your report.

    2) I see EQ hasn't learned its lesson.

    3) if they did this back in April, they're way past 5 days. And if they've yet to contact you, it sounds like there is no account and therefore no permissible purpose to have obtained the report. So....they can take their pick for violating one or the other.

    Definitely good to read.
     

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