I opened up a checking account with BB&T last month. The lady that opened the account for me said they pull a ChexSystems report. I told her that would be fine. All went well and I opened the account. Now, a few weeks later I notice on my EQ report that they pulled not one but two hard inquiries on my report. What do I do from this point? I am not that happy with the bank and I am certainly willing to get a payday out of this if possible. When I went into the bank to ask them about it, she said that they don't pull equifax for a checking accout. I showed her a printout of my report and they are investigating now.
Disputer, I'm wondering when you were signing the documents establishing your account if you didn't sign something giving them permission to pull a consumer report? A ChexSystems pull shouldn't show up on equifax as an inquiry. You can request a Chex report online, you could show that to the bank showing they indeed pulled that report. If you understood that they wouldn't pull a consumer report and they did anyway, I think that is misleading, the problem though is, do you have any proof of that? I would think though, if you took a copy of your report to the bank and someone told you that they don't pull equifax and then see the inquiries from their bank, they would have them removed as a result of their investigation. I guess it depends on your relationship with the bank, do you believe that they are really investigating or was that lip service? You could dispute the inquiries through equifax itself and kick the 30-days in for resolution. Reads to me like that bank has a rogue employee pulling reports. Sassy
I never signed anything at the bank giving them authorization. I read through contracts since I found this board. I spoke to the bank again today and they said they are still researching it. One of the inquiries just says BB&T while the other one says DTC-BB&T. I called Equifax and asked them what the DTC meant and they told me that someone was trying to locate me. LOCATE ME??? What does that mean?? I am going to ask for some money on this one. It pisses me off that these banks feel they can do whatever they want to do. They pulled chexsystems, which is fine. They wanted to look at my banking history. They have no right looking at my personal credit history
LOL LOL, they can't locate you when you are sitting at the desk signing up or standing in the line? Here's this from Christine at Bayhouse, it may give you some direction with a letter she used to Wells Fargo, hers though was based on no permissable purpose in response to litigation. http://www.bayhouse.com/credit-forum/showthread.php?threadid=229 Here, the letter and versions of it are listed under Christi (they're not the same person), and how it's been modified and used. Maybe there's a link in the FAQ, I'll check. Sassy
Nup, not in the FAQ, I'll have to whine to Dave ;-) from: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=19054 this one is letter sent to CRA's directly: http://consumers.creditnet.com/straighttalk/board/printthread.php?threadid=18211 Sassy As per my Experian credit report, Citibank, obtained my credit file on 7/18/01. I don't recall applying for credit, employment or insurance with Citibank, NA. From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] "(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater." From the 1998 FTC opinion letter Greenblatt at http://www.ftc.gov/os/statutes/fcra/greenblt.htm "Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured." Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of $1,000 by January 29, 2002. Sincerely, Christi I sent this to the original creditors via BBB & PFB. PS I dont know why the thread was deleted. ~Lawsuits work~ Never let them intimidate you!! And Marie's scathing letter, I love this, LOL: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=12847 Re: How dumb is this? Marie | 2362 posts since Mar 2000 209.86.31.113 | 08.21.2001 @ 22:43 Well, Iâ??ll be a Huckleberry! This is what I'd do. XYZ Empowered Consumer 123 Honest Street Sisyphus, XX 12345 Date Mr. Jak A. SS IAMCROOKED Bank 666 HELLo Lane Hades, XX 66666 Re: Second notice of fraud, Affidavit of Fraud, Notice of FCRA and State violations, and Notice of Impending lawsuit Dear Mr. SS: On x (date) I contacted your company and put you on notice that I saw an inquiry dated x on my X credit report. I informed your company that I have NEVER applied for credit with your company and did not authorize your company to receive my credit report. I requested a thorough investigation of the matter. Instead, you have given my only an UNSIGNED application for credit with information on it and acted as though that concludes the matter. This is an utterly ludicrous and maliciously harmful response to my request for an investigation. Time is of the essence in incidences of fraud! Your companyâ??s casual attitude leads me to believe that your personnel are either being purposefully obtuse so as to avoid doing a proper investigation, or they are being appropriately slack because security isnâ??t a priority to your company. This is completely unacceptable. For clarity, I restate the following: This alleged application is an incident of FRAUD. I did not apply for credit with your firm. I did not authorize your firm to review my credit. Either an outside individual or an individual inside your firm committed this fraudulent application. Your callous attitude towards my situation leads me no choice but to refer this to not only the proper state police and regulating agencies but also to my counsel. I must protect myself and my community from companies who take the integrity and sensitivity of consumer financial information so ridiculously lightly. Please be advised that I am financially capable and emotionally willing to pursue this matter to its appropriate conclusion. Off the top of my head, I can count several serious offenses this situation constitutes, including but certainly not limited to: Negligent enablement of identity fraud Defamation Willful noncompliance of the Fair Credit Reporting Act Negligent noncompliance of the Fair Credit Reporting Act Your companyâ??s conduct, actions, and inaction also constitute false, deceptive and/or illegal business practices in my state. As you are already aware, your actions, inactions, and inaccuracies have resulted in my suffering actual damages, extreme mental anguish, emotional distress, humiliation, and damage to my reputation for credit worthiness. I am allowed to recover actual damages, costs, and attorneyâ??s fees. Since your actions are now willful, you are liable for punitive damages as well. I am sure my attorney can make a more exhaustive violations list for your review in what will now be our pending litigation. As a final courtesy and as my last act of goodwill, I am giving you and your company 15 days from receipt of this letter the opportunity to rectify this appalling situation. As part of this letter I am including an Affidavit of Fraud, signed and notarized, as the appropriate legal proof that I did not apply for credit with your company. I hereby demand that your company: 1. Investigate this matter with the seriousness and attention it deserves. Institute a fraud investigation and provide me with all information available concerning the applicationâ??s origination. 2. If the perpetrator/s is discovered, your company will press criminal charges against that person or persons. I will do the same. 3. As identity theft is prevalent from INSIDE companies extending credit, I require a list of all personnel in your company who have been privy to my sensitive financial information. I must access the severity of the compromise to my security and privacy. 4. Immediately delete the â??inquiryâ? from any and all affected consumer reporting agencies (included but not limited to Equifax, Trans Union, and Experian). 5. Mail me a confirmation letter detailing the nature and results of your fraud investigation and a confirmation that all inquiries have indeed been removed from my credit reports. AFFIDAVIT OF FRAUD To Whom It May Concern: I, ______________, of ___________________________, do attest and affirm that on XX I did not apply for credit at _________________________________________________. Signed: ____________________________________________ Dated: ____________________ Notarized: __________________________________________ Date: _____________________________ As time is of the essence, I certainly hope you will now act in an appropriate and professional manner so we may conclude this matter without costly litigation. As certain Federal and State statutes provide for liability of individuals who act inappropriately with respect to those statutes, you may wish to seek counsel not only your company but for yourself before proceeding. Have a nice day. Sincerely, IAMVICTORIOUS Consumer What would you do if you were certain you would always succeed...
Wow, Sassy's been busy. lol Definately send them the first no PP letter CRRR. just to get the paper-trail started. Otherwise they may be investigating 3 months from now.
