Getting hard inquiries removed...

Discussion in 'Credit Talk' started by luckymom, Jan 25, 2003.

  1. luckymom

    luckymom Well-Known Member

    First, can I fax these reqests? CMRRR can get very expensive and I have so many to send re: Pop's CR!!

    Here is the letter I found here, plus a little of my own...


    To whom it may concern:

    As per my Trans Union credit report, XYZ obtained my credit file on 04/09/2001.

    I don't recall applying for credit or employment with XYZ.

    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 request of my credit file. Should you not be able to provide me with proof of a permissible purpose, please arrange for payment of $1,000 for each non-permissible event by February 30, 2003 and immediately remove said inquiries from my Trans Union credit file.

    Please respond via US Mail to blah blah blah.

    So, will that work? This company put TWELVE inquiries into my CR in the past 6 months!! Inquiries are the only thing hurting my score right now.
     
  2. matt30

    matt30 Well-Known Member

    I am a newbie, but it sounds good to me. I used a similar letter and am waiting for the response. I actually only gave them 15 business days and mentioned that i would seek litigation for not meeting my requests. I was polite, but firm.
     
  3. luckymom

    luckymom Well-Known Member

    That is a good idea; I may change my dates. I'm hoping for some $$$ -lol- I have paid my share of interest rates and such...

    I'm interested in hearing how your "case" goes.
     
  4. matt30

    matt30 Well-Known Member

    Sorry I was wrong, I put 10 business days. Anyways here is the ending to my letter.

    Please make arrangements for payment of $1000.00 for each of the three (3) violations within ten (10) business days from receipt of this letter for willful noncompliance, as pursuant to the Federal Credit Reporting Act § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

    (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.

    These inquiries into my report need to be removed within ten (10) business days. Failure to comply with my request and the laws of the Federal Credit Reporting Act will leave me with no other choice, but to file a lawsuit for defamation, financial injury, injury to my credit report and credit score. I refer you to the following case regarding my intent of litigation if my requests are not met, Nelson vs. Chase Manhattan US Court of Appeals, Ninth Circuit, No. 00-15946, decided 03-01-2002.

    There is no doubt or issues concerning the violations of my rights under the Fair Credit Reporting Act as described above. Please contact me at the address above within ten (10) business days to discuss the possibility of settling this matter amicably and short of litigation. I look forward to hearing from you soon.
     
  5. luckymom

    luckymom Well-Known Member

    Ooh. I like that! :eek:) I think I will just send letter after letter until I get what I want...

    I just found another company with FOURTEEN inquiries in the last year 3 hard/11 soft - sometimes 2 or 3 days apart!! Disgusting.
     
  6. pnwman

    pnwman Well-Known Member

    Two quick points

    1. Few if any companies will actually pay the $1k unless you file suit.

    2. The soft inquiries will be especially tough. If no one see them, how exactly do they damage your credit rating or score?
     
  7. matt30

    matt30 Well-Known Member

    I have thought of that. I will file if I have to. These companies are doing hard and soft inquires. These accts were included in CH7. Therefore they have no reason to view my credit after the discharge. They are also not reporting my accts correctly. Some are being reported as charge off and others as late 120+ days. I have 14 hard inquires by BP/Amoco plus they are reporting as charge off. By removing the inquires and reporting as included in bankruptcy my score would improve. Have a good one!!
    Matt
     
  8. jlynn

    jlynn Well-Known Member

    What kind of softs are you guys talking about? AR's or PRMs? Did you have accounts or owe them money? They didn't damage your credits by pulling softs, but they *could* have still violated the FCRA. If you owe them money, they have a right to pull. If they are PRMs you have no claim as they are promotional inquiries with limited information...
     
  9. jlynn

    jlynn Well-Known Member

    Mom, when you wonder why you don't here from them...ROFL!!!!!!!!!!!!!
     
  10. pnwman

    pnwman Well-Known Member

    So the question then becomes do you lump all of the FCRA violations in one suit, or is their a way to make seperate suits. The hard inquiries are a slam dunk, soft will be tougher and all the other ones add up to a total of 1k. Hopefully someone more experienced than me can answer.
     
  11. matt30

    matt30 Well-Known Member

    These were AR softs and I didn't owe them money. The accts was discharged under CH7. I really do not see any PP for an inquiry. There is definately no need for the hards. I am not worried about the money as much as I am about getting the info correct and the inquiries to stop. The money is a bonus if it happens. The letter was firm, but polite and a attorney reviewed it. He said that it was appropiate. Thanks and Happy Super Bowl Day
    Matt
     
  12. CCollector

    CCollector Well-Known Member

    I have 14 hard inqs on my Equifax and I am going to send this letter. Do I sent it to Equifax or do I send it to each of the 14 Inq's?
     
  13. matt30

    matt30 Well-Known Member

    Send to the companies that pulled hard inquiries. Make sure to send it CRRR.
     
  14. jlynn

    jlynn Well-Known Member

    OK, I understand Matt's BK problem (and I agree), but are you saying you have 14 hard inquiries from company's that you never applied for credit with, employment with, or have an active account with?
     
  15. lucas222

    lucas222 Well-Known Member

  16. luckymom

    luckymom Well-Known Member

    I have SEVENTEEN inquiries from a Cap 1 account that I opened and never used and closed a few months later AR soft and 2 hards I believe (I'm not looking at it right now) and Citi has pulled my report (with all of their different names combined) at least 20 times. I do have 2 open accounts with them, pay regularly, etc and I still don't think that warrants that many pulls.
     
  17. luckymom

    luckymom Well-Known Member


    lolol!! I just saw that. What a good point you make!! :eek:) lolol
     
  18. jlynn

    jlynn Well-Known Member

    Hi Lucas, you might do a search on here. As a whole Cnet'rs have had no luck with it. "CRAs consider inquiries a statement of fact" and will not remove them. I myself tried it recently just for grins during other disputes, and I got the same message. As far as Experian, I believe you used to be able to dispute, but they have removed that ability.
     
  19. jlynn

    jlynn Well-Known Member

    It may not be warranted, but they have permissable purpose, and they aren't (Citi) poisoning your file by pulling hards.

    Cap One - I would verify that they have closed your account and the date they show it closed.
     
  20. luckymom

    luckymom Well-Known Member

    Cap 1 account was opened 4/02 and close 7/02 with a DOLA of 5/02 on all reports.

    They pulled the following inquiries BEFORE I ever had an account with them 04/01/2002, 03/20/2002, 08/16/2001, 08/02/2001, 05/24/2001, 05/21/2001, 04/25/2001, 04/19/2001, 04/17/2001, 04/09/2001, and 03/14/2001. The rest of them were pulled while I had an account open with them.

    So what does this mean? Can they pull when I am not a customer??
     

Share This Page