Authorized inquiries-NO WAY!

Discussion in 'Credit Talk' started by Bev, Mar 15, 2003.

  1. Bev

    Bev Active Member

    Ok, we're just getting started with reviewing our credit reports following a Ch.7 bankruptcy. Here's the issue:

    I was in 2 car accidents early last year, one in January and one in February. Rear-ended both times - no question of liability.

    The 2nd accident involved a driver insured by Allstate. Would you believe, there are inquiries in my husband's credit report (TU) from Allstate in March, August and October???? We have never had insurance from Allstate. Why would they possibly need to see his credit report? I do not see an inquiry on my credit report from Equifax, only my husband's from TU. Those are the only two we have so far.

    I'm assuming they wanted to see what our financial situation was, in case we filed suit (which we have done!). Is that an "authorized inquiry?"
     
  2. jdog0411

    jdog0411 Well-Known Member

    The only authorized inquiries are the ones that you specifically authorize for obtaining credit or a service such as insurance (for yourself) or a review of your account by a creditor or company who has a direct financial interest in one or more of your credit accounts.

    Allstate had no permissable purpose to pull credit reports if you have never had a relationship with Allstate. I would go after them on that one.

    By the way, were these hard pulls or soft? They don't have a PP either way, but you will have a stronger case if they were hards because they would have dropped the credit scores.
     
  3. Bev

    Bev Active Member

    On the TU credit report, the Allstate inquiries are listed under "promotional inquiry section."

    BTW, I just noticed under "regular inquiry section" that GMAC (also known as Ditech - our 2nd mortgage which was discharged in BK!!!!!) pulled a credit report in 2/03 and 11/02 - it was discharged in 12/02. Is this another one we can go after?

    Thanks!
     
  4. jdog0411

    jdog0411 Well-Known Member

    Maybe the inquiry in February of 2003, but the other inquiry was before the BK was discharged. I would think they would have still had a PP for the inquiry.
     
  5. jlynn

    jlynn Well-Known Member

    Promotional Inquiries--they only receive limited information--not your full credit report. IMHO, you probably don't have a no PP issue with Allstate.

    I didn't know that GMAC and Ditech were one in the same.
     
  6. tc

    tc Active Member

    What if you write a check? I wrote a check at a department store for about $150 and they pulled a hard on my TU. I called to complain and they said that it was permissable- but that was before I discovered this board. Is this worth pursuing? Had I known they were going to check my credit I'd have used an alternate form of payment.
     
  7. lbrown59

    lbrown59 Well-Known Member

    Is that an "authorized inquiry?"
    ==================================
    No: SSA.
     
  8. lbrown59

    lbrown59 Well-Known Member

    Is this another one we can go after?
    YES
     
  9. GEORGE

    GEORGE Well-Known Member

    NO PP~~IF IT WAS RELATED TO THE ACCIDENT
     
  10. lbrown59

    lbrown59 Well-Known Member

    What if you write a check? I wrote a check at a department store for about $150 and they pulled a hard on my TU. I called to complain and they said that it was permissible-but that was before I discovered this board. Is this worth pursuing? Had I known they were going to check my credit I'd have used an alternate form of payment.
    ~~~~~ ________tc__________--------
    ===========================
    This is a new twist to the never ending gimmick to fleece us through FICO.
    The END ************************* LB 59
     
  11. boywonder

    boywonder Well-Known Member

    From what I've read, they can pull your credit report for cashing a check. It qualifies as a "business transaction initiated by consumer." Still sucks that they pulled a FICO-murdering hard inquiry.

    Here's a tip for the Allstate inquiry. Call the CRA directly and play really stupid with them. Ask what the inquiry was for and whether they saw your full report. On two occassions, I've had the CRA unwittingly tell me more details that were behind the inquiries.
     
  12. GEORGE

    GEORGE Well-Known Member

    Re: Re: Authorized inquiries-NO WAY!

    ALLSTATE~~"I don't remember applying for a loan or credit card~~WHICH DID I APPLY FOR ACCORDING TO YOUR RECORDS"???

    When did ALLSTATE start offering CREDIT CARDS and LOANS???
     
  13. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Authorized inquiries-NO WAY!

    From what I've read, they can pull your credit report for cashing a check. It qualifies as a "business transaction initiated by consumer." Still sucks that they pulled a FICO-murdering hard inquiry.
    boywonder
    =====================
    Watch this one!


    The END ************************* LB 59
     
  14. Bev

    Bev Active Member

    Re: Re: Authorized inquiries-NO WAY!

    Wow, thanks for the replies and advice guys! I'm going to start working on a letter to Allstate as soon as I check my other credit reports, and my husband's too. I think it's really sneaky for them to check HIS report! I'm also going to notify my PI attorney about it. Heck, this might have actually backfired on them - they would have found out that DUE TO THE ACCIDENT, I was forced to stop working and ultimately to file BK!!

    As for Ditech....they are a division of GMAC Mortgage company. We got our 2nd mortgage through them.
     
  15. keepmine

    keepmine Well-Known Member

  16. GEORGE

    GEORGE Well-Known Member

  17. jlynn

    jlynn Well-Known Member

    Re: Re: Re: Authorized inquiries-NO WAY!

    Bev, you said the Allstate inquiries are coded as Promotional Inquiries. (If I didn't miss something), and they are coded as Promotional, they didn't review your credit report. From the FCRA:

    (c) Furnishing reports in connection with credit or insurance transactions that are not initiated by the consumer.

    (1) In general. A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if

    (A) the consumer authorizes the agency to provide such report to such person; or

    (B) (i) the transaction consists of a firm offer of credit or insurance;

    (ii) the consumer reporting agency has complied with subsection (e); and

    (iii) there is not in effect an election by the consumer, made in accordance with subsection (e), to have the consumer's name and address excluded from lists of names provided by the agency pursuant to this paragraph.

    (2) Limits on information received under paragraph (1)(B). A person may receive pursuant to paragraph (1)(B) only

    (A) the name and address of a consumer;

    (B) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer; and

    (C) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.
     
  18. tc

    tc Active Member

    Re: Re: Authorized inquiries-NO WAY!

    OK - cashing a check I can SORT of agree with, but I wrote it for merchandise. And, I was never informed that they were going to do this. I would have thought they needed my signature.
     

Share This Page