Hard Inquiry/$1000- Request? Sue?

Discussion in 'Credit Talk' started by jds71, May 30, 2003.

  1. jds71

    jds71 Well-Known Member

    Background: 3/13 sent letter (certified- no RR because I could only find a PO at the time) to Direct Merchant Bank disputing a Hard inquiry on my credit report from 10/01. I made NO mention of lawsuit/$1000 or anything. I basically just asked them to explain/prove permissable purpose or delete. This request went ignored.

    Flash forward 5/15. I sent a modified letter through Planet feedback stating they should explain/prove if they could not to delete AND make $1000 payment by 5/30.

    I got response saying I had accepted a card via a phone call in 97 (WRONG- I've never accepted a phone offer- EVER). They wouldn't answer any questions regarding why they would make a hard inquiry on a what I assumed was a closed account (there are NO references on ANY CRA except the inquiry on Experian... no payment history or anything). The only answer they gave me was that it was an open account and they would send me statements and I could claim fraud. I was mad- they wouldn't address the question of the inquiry at all. I even asked them to write to Experian and convert it to a soft pull while this was in dipute. No response. I was told to call. Uh uh... NO WAY-- I want their response in writing.

    Yesterday I got a pile of statements (6/97 - 4/03), I'm kind of impressed by the thoroughness to be honest. However, I still hoping mad. This person had 8 addresses in the time of the statements (3 states) and NOT one is one of mine... not even in a state I've ever lived in. Further, this person started the card with her maiden name and in 99 apparently got married to someone with the same last name as mine. Only difference is initial.
    So basically they just pulled the credit report of someone with a matching first & last name. Nice huh?

    What to do now? This is pretty much slam dunk, IMO. They even provided the proof. What I find truly amazing is how it could happen at all... I'm sure they have her social security number. Anyway, they are in violation of the law and I am entitled to the deletion and $1000.

    I'm just not sure how to handle this. Should I start by simply asking for the mailing address/fax to send ITS letter?
     
  2. jlynn

    jlynn Well-Known Member

    For future reference, you can request an RR to a PO Box. They will leave a slip for them, and someone will come to the counter and sign the green card.

    I would locate their agent of service (thru your Secretary of State, and if none in your state, then check with the SOS in the state where they are located).

    Mail an ITS to whomever that is. It will get to the right dept.
     

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