I trying to decide what to dispute next on Experian and I keep eying this hard inquiry by the collection company that has a judgment on me, (judgment was deleted today!) I know Experian's argument is going to be, "they have a permissable purpose", but can I use the retort that it should be a soft inquiry just as my ARs do? Seems to me it should be soft, since I didn't request it, nor apply apply for subsequent credit. And didn't someone here find a way to prevent the CA from putting hard inquiries on in future?
I disputed a hard inquiry on my EQ placed by a collection co. They refused to delete, stating basically that since "the creditor is listed on your credit report, they have permissable purpose." Did you say that the collection was deleted? If so, what right do they have to access your credit report without your permission? You might want to try that-just a thought. Good luck.
They get by with this by interpeting the wording in the statute: 3) To a person which it has reason to believe - (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or ... Congress gave the CRA's a big out with this wording. They simply have to indicate that they "had reason to believe". Since their pockets are lined by their subscribers (i.e. creditors and collection agencies) they are probably interpeting the fact it is a collection agency to give it "reason to believe" the inquiry is authorized by the statute.
The judgment was deleted. The collection hasn't been disputed yet. I whited that one out so Junum wouldn't touch it yet. The verification source is the collection agency itself and I knew they would jump that if they knew I were trying to get the judgment removed. Didn't want to tip my hand, so that worked, but that means the collection account remains. But my point is, Cap1 has a permissable purpose for making inquiries too. Yet unless I request a CL increase, it's always an AR (account review) soft inquiry. So since this collection isn't new credit, why can't I argue that they have no right to place hard inquiries, but rather only soft ARs on my report?
By the way, I'm not adverse to working out a payment deal with the collection agency, so long as they'll remove the collection entry entirely. I happen to know that they purchased the account for pennies on the dollar and even with court costs and their so-called "fees", there's still room to negotiate the amount. But I felt they either would have no sway with the courts to remove the judgment notation, nor have an inclination to do so, therefore, I went after that judgment notation first.
Hope, I don't know if this will help, but here goes... I had a tradeline and inquiry (both not mine) on my Experian report in April of this year. I disputed the tradeline and it was successfully deleted. I called Experian to inquire about the inquiry. My reasoning was the previous account (deleted) was not mine and therefore the inquiry was not done with a permissable purpose. Mind you, I had never heard of or done business with this company ever before. The Rep stated that inquiries are a matter of record and can't be deleted ever. Even if I didn't applt for credit or give someone permission to look at my credit report. Based on everything I have heard here lately, they should be deleted just like tradelines. I would do it in writing, though. Good luck!!
DISPUTE A COLLECTION AGENCY "HARD" by stating you didn't apply for any loan or credit card from that business... You have nothing to lose...
Thanks George. That's what I'm thinking, too. I just want to come up with all the CRA's excuses before I do this.
