A few months ago I talked to a mortgage broker about getting a new home loan. She asked my permission to pull my credit report and my wifes. I was told she would contact me in the next day or 2 to let me know what they could do for me. I never heard back from her and I was not going to chase her down so I figured she just didn't want to do business with me. Last month when I pull my reports it shows they pulled a hard inq. I called back and the broker said she forgot about me, sorry, her fault etc. I told her no problem, but she would need to remove the hard inq. She got nasty with me said nothing could be done, talked it over with the president of the co. etc. We argued for a while but she wouldn't budge. I told her I would sue for violation of FCRA, she said go ahead. What should I do? Do I have grounds to sue? What damages? Thanks
Permission over the phone. She probably got my scores and figured it wasn't worth the trouble, but I was never mailed a letter saying I was turned down for credit (violation #1) Did she even have a permissable reason to pull my report if she had no intention of working with me (violation #2) Never got my wives permission to pull her credit (violation #3) I just think this is horsesh@t. She just trashed my credit and blows me off.
IMHO (as devil's advocate) 1. You gave her permission, she didn't say she declined you, said she forgot about you. 2. How are you going to prove intent? Its going to be he said/she said - and you never followed up either. 3. Iffy - did you give your wife's SS # to her over the phone? Yea, its is horse hockey, but you gave permission, and she didn't really blow you off until you started demanding deletion. Did she say you were declined? Again, I'm not trying to pick a fight with you, just looking at it "from the other side"
I would send them a demand for PROOF that you gave them the authority to pull a credit report. I believe that they would have to show PROOF that you told them to pull a credit report. Send the prove it or delete letter first. then send the intent to sue. I think you will see it off of your report!
Can you really dispute inqs w/CRAs?? They send me a form letter statement of fact... How to? OP, I would ask to speak to someone above this person. It is very bad business to just IGNORE potential customers like she did. HTH
Re: Re: Hard inq.....Damages? IMO, that is bad advice. Why even talk to them any more? Its the president of the company that they talked to. Why should you say "I Gave you permission to run my credit, but you didn't get back to me, so I am now wanting you to remove it". If they record the telephone calls, you will have admitted that you gave them permission.
Re: Re: Hard inq.....Damages? In your first paragraph, you clearly stated they "ASKED" permission to pull both you and your wife's reports. I am all for getting legitimate hard inquiries off that you did not give permission for, but you did, learn to live with it and move on.
Re: Re: Re: Hard inq.....Damages? Yeah after all, if we followed that advice, creditnet wouldn't be here. In fact 99% of the people wouldn't be here. The way I see it, we should be allowed to take something back that we feel didn't live up to our expectations. For example: You pay someone with a credit card to perform some remodeling work for you. They buy all of the supplies and drop it off at your house. 3 weeks later, they haven't shown up. You dispute the credit card transaction and get all of your money back. Why can't you be allowed to have a hard inq removed when the people don't hold up to their end of the bargain! 2 can play hard ball in my opinion!
Re: Re: Re: Re: Hard inq.....Damages? I agree with your first statement, but Spyke was asking about suing for damages, and he admits he gave them permission to pull. What if he decides to sue, they play hardball with him, and he ends up paying their attorney's fees, etc., and still has a hard on his report?
Re: Re: Re: Re: Hard inq.....Damages? I had a dealership do this to me. I took them a 2 day old cpopy of my credit report and told them I didn't want an inq, so I brought this one for them to review. Well, sales guy said I had to fill out app for their records. I filled everything out, but I did not sign it...which is what they need to pull cr. I went back next day and was sitting in finance guy's office. Looked on his desk and my "folder" was open on his desk. Lo and behold...they pulled my credit anyways. Needless to say I got guarenteed approval with a great deal on a car!!
Re: Re: Re: Re: Re: Hard inq.....Damages? You don't actually sue in this situation. Its fairly obvious that if you don't think you have a case, you don't file the suit. Its a bluffing game unless you are 100% sure. How many people on this board have threatened to sue when they know that the account IS theirs to begin with, only to have it removed by a company that can't PROOVE that they owe it? You can't go changing the rules and having some "holier than thou" attitude. Who cares if he admitted to allowing them to run his credit check. It was with the intentions of doing business with them. Since they felt like they didn't need his business, they had no right to run his credit. I would have NO PROBLEM in this instance of sending them a letter stating an intent to Sue if they should NOT remove the inquiry. PROVE IT, that I gave you permission! Show me the signature!
