abuse of credit-viewing ability

Discussion in 'Credit Talk' started by dstdiva, Mar 24, 2005.

  1. dstdiva

    dstdiva Well-Known Member

    i need a little help here for a friend of mine...

    my friend is getting her credit together and has been paying some things off. she called cap1 and got a settlement amount. the rep was nasty and they had a few words but eventually managed to make the payment arrangements. later, she checked her CR and saw a hard from cap1. when she called back to ask why, the same rep told her that she "wanted to see what [my friend] is trying to buy". i don't think that falls under "account review", but i can't find anything specific to counter with. i remember there was a post about employees not being able to abuse the priviledge of pulling credit histories, but i can't find it. can someone help me out?
     
  2. pd11604

    pd11604 Well-Known Member

    CA's always use this tactic, but I'm surprised the rep put it that way. If you ever apply for a mortgage and have past due accounts, the CA's all of a sudden come out of the woodwork! That is because they subscribe to lists at the CRA's that report to them when a mortgage inquiry is made
    The rules you are referring to have to do with employees pulling CR's for personal or non-business related reasons...if you owe a creditor any money then they do have the right to pull your reports since it is business related
     
  3. dstdiva

    dstdiva Well-Known Member

    hi, thanks for the quick response. i know technically that they have the right, but since the rep was stupid enough to say it (twice!), i am helping her draft a letter of complaint and i want to reference the correct thing. (gotta at least TRY to sound like i know what i'm talking about) where is that ruling?
     
  4. ontrack

    ontrack Well-Known Member

    If it is an existing account still in Cap One's hands, even if charged off before you paid, you might ask them to code it as an Account Review, which at least will not affect your scores, although "settled for less than full amount" probably will anyway.
     
  5. pd11604

    pd11604 Well-Known Member

    Fair Credit Reporting Act:
    § 619. Obtaining information under false pretenses [15 U.S.C. § 1681q]

    Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.

    The CA has the right to pull your reports on the basis of your business relationship with them.
    You really don't have a case against them here

    PS: you should NOT be talking to them on the phone anyway. Send them a limited cease and desist letter and demand that you be contacted by mail only concerning this matter
     
  6. dstdiva

    dstdiva Well-Known Member

    also, i know any company that you have an account with can view your credit, but can they pull hards?
     
  7. dstdiva

    dstdiva Well-Known Member

    Re: Re: abuse of credit-viewing ability



    thanks for the help. i know there is no case for getting anything taken off of the report, i am writing a letter of complaint to the company (for my friend) about the unprofessional behavior of the rep. that's all. i have told my friend numerous times about talking on the phone to these creeps, but she approached them about settling. oh well.
     
  8. pd11604

    pd11604 Well-Known Member

    That's how they pull it so that it causes you the most damage
     
  9. dstdiva

    dstdiva Well-Known Member

    thanks for the help!
     
  10. pd11604

    pd11604 Well-Known Member

    you're welcome
    good luck!
    If your friend does make an agreement with them, try to make them agree to report the account as "closed-paid as agreed", since this would help her scores
     

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