Hammer or velvet--- A quandary

Discussion in 'Credit Talk' started by Quixote, Jul 2, 2002.

  1. Quixote

    Quixote Well-Known Member

    Consider all these items before I ask the question:

    -Item: The last derogatory item on my TU report is a six year old paid collection from Macy's.

    -Item: According to javan, Macy's responds well to a goodwill letter.

    -Item: Macy's placed an unauthorized hard inquiry on my Experian CR in March 2002. I have had no interations with Macy's for years and certainly don't want an account from them.

    -Item: I sent a rather menacing letter demanding they delete the unauthorized inquiry after it came back verified upon disputing.

    -Item: I received a letter in the mail today in acknowledgement of my letter to them. The acknowledgement is dated June 24, 2002.

    -Item: The inquiry does not show up as in dispute on my CreditExpert/ Experian report as of this morning.

    So, I've got them dead to rights on three violations of the FCRA; the unathorized inquiry itself; the verification of that inquiry; and the fact that they have not instructed Experian to place the inquiry "In Dispute".

    Opinions Please!! Try it nice? Roast them? One then the other if necessary? Something I missed? If any of you have posted or know of any letter that has been posted that might serve as a starting point for a letter, please provide links or enough clues (author, subject, etc.) that I can find it.

    Thanks in advance!
     
  2. rblues

    rblues Well-Known Member

    I'm confused? Did you send the goodwill, or you were just considering it and they put some random inquiry on your report?
     
  3. Quixote

    Quixote Well-Known Member

    It's been six months or more since I've done any kind of disputing on that account. And remember, that tradeline is on TU. The inquiry showed up purely at random on EX. I did absolutely nothing to prompt it. I see this as an opportunity to use their FCRA violations over a minor issue (the inquiry on EX) to prompt removal of a major issue (the paid collection on TU).
     
  4. Kiyi

    Kiyi Well-Known Member

    sue them
     
  5. rblues

    rblues Well-Known Member

    Yup, looks like you have a good cause for a suit. Start drafting your intent to sue letter. Christine over at Bayhouse.com got deletion from Wells Fargo and they sent her a $1000 check as a result of an unauthorized inquiry. Check out her threads on the topic.
     
  6. javan

    javan Well-Known Member

    Great suggestion!!! I've read this post and its wonderful what she was able to accomplish.

    http://www.bayhouse.com/credit-forum//showthread.php?threadid=229
     
  7. Quixote

    Quixote Well-Known Member

    I wonder what she meant by that? LOL

    Thanks for the feedback everyone, and especially for the bayhouse link javan. I'll get started in the morning.
     
  8. Quixote

    Quixote Well-Known Member

    Well, after messing with the wording for too long, I finally sent out (via e-mail) what I affectionately refer to as The Raving Lunatic Cousin of Nutcase letters. Macy's BTW, absolutely shot me down on the goodwill letter. I guess that only works if you are still a customer of theirs. Maybe I've been bit by the UYGF. Who knows...

    I'm taking a gamble in a number of ways, I realize. I sent the letter in pdf format via e-mail (Got the electronic Return Receipts). And I'm not suing, though clearly I could. It's all about time. I don't have the time to spare from work and I am running out of time before the mortgage process starts. Since my scores have alreay reached the "Good Enough, but not great" stage (mid-600's these days), I am told by the loan guy that I can already qualify for the loan. Now I'm going for a safety margin. So, if I can knock them out quickly with my letter, which is a conglomeration of Nutcase, Knockout, and Intent To Sue Letters with some specific details thrown in, then it's a big help. If it doesn't work, it's not the end of the world. But I don't have time to let it play out it's normal course. The third big chance I took, was that I did all this fully clothed ;o), which seems to be against the trend here lately.

    Wish Me Luck!
     
  9. betacredit

    betacredit Well-Known Member

    Good Luck!!!

    I hate FACS group with a passion!!! They verify every time. The only way I got the inquiry that they put on my report, after I sent an intent to sue letter, was through "Doc's Trick". They have a history of doing this. You have to play hardball with these people and send it to the CEO. I got a letter meant to someone else regarding their Macy's account. They had written a letter to the CEO and they agreed to delete the collection from his reports.

    So, keep plugging......
     
  10. PsychDoc

    PsychDoc Well-Known Member

    Quixote, they may never read your letter if sent as a PDF file. My brother works for a company which will not open attached files sent via email as a matter of policy irrespective of what format the file appears to have. (They do this because of the expensive risk of viruses and trojan horses.) If I were you, I would send letters the traditional way -- print them out, have them notarized, send them via certified mail with return-receipt requested. Hopefully I'm wrong!!!

    Doc
     
  11. jo

    jo Member

    They never saw your file. Firewall's are usually set up to strip files. The electronic receipt you got was from the email, not the file, being opened even then it could have been by a bot. Email return receipts aren't worth the paper they are printed on.

    You need to do what Psychdoc suggested and mail them this.
    Jo
    (sofware engineer)
     
  12. Quixote

    Quixote Well-Known Member

    You're right of course. But, both companies did have the courtesy to reply as such and stated that if i would simply copy and paste the letter into the body of the e-mail, they would proceed. I did, and they both replied, acknowledging receipt and that investigation had begun. I'll go ahead and send paper back-ups just to be sure.
     
  13. Butch

    Butch Well-Known Member

    You're not wrong Doc. I wouldn't open it either.

    Resend via cRRR.
     
  14. Quixote

    Quixote Well-Known Member

    Well, I sent out the CRR's as I said. I haven't received the CRR cards yet. In today's mail I got a statement ( not really a statement, but not really a letter) from Chevron dated 7.10.02; the date of the original e-mail with pdf attached. It goes like this:

    July 10,2002
    .
    Quixote
    Quixote's former address
    Quixote's City, CA 925XX
    .
    Account Number: XXXXXXXXXX


    As requested, current credit information for the above referenced account number is given below:
    .
    Status Date: July 10,2002
    Date Opened: 09/14/1998
    Terms: Revolving
    Balance: .00
    Months Reviewed: N/A
    Payment Experience: Closed Account
    ................................Paid 07/01
    ................................Delete Prior colltn/ charge off status

    Should you have any further questions concerning this matter, blah, blah, blah...
    .
    .
    .
    <Hand Signed>
    Recovery Operations

    If that means what I think it means, then two of my three CR's are now (or soon will be) spotless. I'd call that a victory for the good guys, wouldn't you? The first documented victory for The E-Mailed Nutcase Approach! It's still on my CR's as of this morning. I'm thinking I'll fax this to EQ and EX Monday morning. I assume if I run a search around here I can find those numbers.

    If it doesn't drop off quickly, and since we're going for the mortgage on 1August, I'm thinking this may be a candidate for that Rapid Rescoring Service I read about in another thread recently. Any thoughts?
     
  15. Quixote

    Quixote Well-Known Member

    A little bit bigger crowd around today, so I thought I'd bump this back up. Kind of interesting. At least to me.

    BTW, as soon as I see the actual change in my CR's I'll post more specifics. You know how it is...
     
  16. Quixote

    Quixote Well-Known Member

    So I checked my Experian report this morning. Score is up 40 points!!! It now stands at 687. Next to Chevron it says "Paid/ Never Late". Hoowaahh! ZERo derogatories on EXPErian. I'll renew my EQ/CW membership later and get that score updated as well. So, e-nutcase worked! At least with Chevron.

    The only "negative" on EX now is the fact that my Citi MC listing does not show a CL. So, my available credit says $0. Workin' on that. My only truly derogatory listing left is Macy's on TU. Working on that too...
     
  17. wajaba

    wajaba Well-Known Member

    Excellent, Quixote! Just out of curiosity, did you take this on during your mortgage process to qualify for a better rate, or were/are you already getting a decent rate?

    wajaba
     
  18. Nave

    Nave Well-Known Member

    Surf Naked...we here on CreditNet DISPUTE NAKED.

    Buck Nekkid Disputing...LOL.

    Call Hef, The Women of Enron have to watch out for the Women of CreditNet :))

    Good Luck Tom.

    -Peace, Dave
     
  19. Quixote

    Quixote Well-Known Member

    Originally I was doing this to get a little extra cushion. Plan is to start mortgage process next week. I did it electronically on the chance that it might speed things up, which it obviously did big time. Turns out it was doubly important since I'm probably going to have to go with a low or no doc loan now, since I was laid off yesterday (I've got to stop doing that- these dang underfunded technology startups have a bad habit of going Poof!). I'm already well down the road to an offer with two different companies, so I'll live, but less than a week on a new job at time of app means I won't have a lot of paperwork (pay stubs, etc) to show. The new and improved scores are a godsend.

    BTW, the loan we were going for was a non-neg adjustable at 4.75%. Stated income should be bit higher, not sure how much yet.

    As Roseanna Roseannadanna said many a time, "It's always something."
     
  20. wajaba

    wajaba Well-Known Member

    Great timing w/ Chevron! I hope the low/no-doc process works out for you. I've been casually following the Nutcase genealogy, and I'm curious to see this latest iteration of yours, the e-Nutcase letter. Would you consider posting it for everyone's viewing pleasure? (on a side note, I myself am working on bringing a sort of Inbred-Freak-Bastard-Hybrid-Offspring of the Nutcase letter to bear on my Cap One situation...details to follow.)

    Congratulations again, and good luck on your next job (and the next one, and the next one--just kidding!).

    wajaba
     

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