Disputing and inquiry

Discussion in 'Credit Talk' started by zero, Aug 7, 2003.

  1. zero

    zero Member

    Disputing an inquiry

    Bit of a head scratcher here. Recently received my credit report showing a hard inquiry from a CC company dated 2 months before I received my SS card. Needless to say I did not authorize this inquiry.

    In my searching of the board I came across this thread http://consumers.creditnet.com/stra...20&highlight=disputing inquiries&pagenumber=1

    and more importantly Butch's letter..........

    "Upon reviewing my Experian credit report, I noticed that xxxxxx obtained my credit report on x/x/xx. I did not authorize this inquiry.

    I DID NOT give you a permissible purpose to request my credit history from Experian or any other CRA. A collection inquiry is VERY detrimental to ones credit score. There is cause for damage on my part.

    § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a)(1)(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

    Please explain your permissible purpose for obtaining my credit report. Upon a careful examination of your file you will immediately understand that you did not have such.

    Therefore, please arrange for payment of $1,000 by xx/xx/xxxx, or I will be forced to file suit against you for numerous willful and negligent violations of federal law, state law and my rights as a consumer.

    In your written reply please provide the name, address and phone number of your "registered agent". Your reply can be faxed to: 1.xxx.xxx.xxxx.

    Regards, "

    just wondering if this would be an ideal situation to use it, or should I try one of the sample letters first.

  2. wondering

    wondering Well-Known Member

    Disputing an inquiry

    Do I have to show that I was denied credit to expect $1000 from the company? Also, does the company that pulled the inquiry have to have my signature as permission to pull credit? Thanks.
  3. wondering

    wondering Well-Known Member

    Disputing an inquiry

  4. bizwiz41

    bizwiz41 Well-Known Member

    Disputing an inquiry

    Re: the $1000, I believe only a judge in a courtroom setting can "award" that damage compensation.

    Also, be sure the "hard" inquiry is a hard inquiry.....Different credit reports list them differently. Do a little investigative work, and verify that the CA does NOT have something.

    Most likely they will delete the inquiry...as for the $, I think you would have to take them to court to be compensated.
  5. jlynn

    jlynn Well-Known Member

    Re: Disputing an inquiry

    Wondering - no you do not have to show damages on a non permissable purpose inquiry. The FCRA is clear that the damages are for the very act of pulling your report (something along the lines of invasion of privacy).

    If this is an Experian report, you would need to contact them. They make no distinction on a consumer's report between soft pulls (such as AR's) and Promotional pulls (header only information). A PRM inquiry does not fall under the no PP rules.

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