jm10101 , thanks for your reply. I am not here just to get a bunch of cheerleaders rah, rah'ing me on. I appreciate a critical eye. I will try to clarify as best I can. 1. RE existing accounts. I must admit that I was of like mind with you regarding pp initially. The college had viewed my account back in 2002, and it was soft, invisible, whatever you want to call it, set apart from apps for credit. When I started, I just wanted it to be coded/noted/placed in the proper Account Review section. I understand that the FCRA does not address in anyway how AR's appear on a report, but simply allow access. After reading the gowen letter, what caught my eye was the portion regarding the review of accounts(current borrowers)that involved fixed closed end loans. My loan is a closed end, fixed loan as well. The college cannot alter the terms in anyway. No shorter or longer loan period, no changing of interest rate, etc. This being the case, I found that even an invisible review of my account could be pointless, without purpose. The relevant details as well as the underlying principles guiding that opinion seemed to suggest to me that even a review was inappropriate. I appreciate and noted that they are Opinion letters, and not law. To me, the opinion of rule makers carries more weight than random people(not a reference to you or any poster!). I haven't, in my opinion, bet the farm on opinion letters alone. Every time I talked with TU, they shared that it appeared that I applied for two more forms of credit from the college. Also, if it was an account review, that it wouldn't show up in the same hunting for credit section. Equifax conveyed the same thing. Upon their investigation, No App, its gonna get deleted. Yes, the lateness was corrected. However, a new development after my last post is that the college WILL NOT contact TU to convey that I wasn't applying for anything. They have been told my their local rep that they can look at any borrowers report in the same 'hard' fashion as mine, and fully comply with the law. I am hoping that my transmittal of the letter to TU along with my own request to recode is effective. As I asked when I first started with the college. If we grant that they can pull my entire report whenever they wish, can they willfully represent that as a credit app? Also, can they pull in any fashion, as part of a dispute investigation FROM the respective CRA? jm10101 I haven't dismissed any of the issues you have raised now, or previously. Thank you for taking the time at all.
I am afraid I have to respectfully disagree with jm10101. Courts in several Circuits have cited the FTC opinion letters when handing down rulings.
Excellent! Could you share a couple that bear on this issue? Has the Gowen letter ever been cited? I think the issue is Permissible Purpose following disputed accuracy with an existing account.
Re: Re: inquiry shenanigans update Thanks for your reply...I thought the school sent you or TU a letter?
Re: Re: inquiry shenanigans update After the college agreed to fax to TU, their local rep told them that TU cant change inqs, AR's are pulled like Hard apps for credit, and other sundry inaccuracies. Armed with that knowledge, they didn't fax anything. I try to put them in touch with the corporate office of TU. But they are content with the yokel advice they get locally. I DID fax the copy the school sent to me, so hopefully that sticks. But they are still on my report as of today. Did my previous post clear anything up?
Re: Re: inquiry shenanigans update Yes - I appreciated your previous post and it helped me understand where you're coming from. I had a similar situation with my school. I spent most of the 90s deferring payment [ filling all the correct forms ] and found I had been reported late for YEARS across 4 accounts. The person assigned to my account was really unresponsive and after about 2 months, I wrote the manager of the department and copied the Board of Regents. I don't know if the Board really could have or would have done anything, but the manager went through hoops to fix the error with Experian. And she pulled 5 softs! Basically, they oulled one way back at the being of the dispute and 4 after she got involved until EXP updated the account. Of course, my threats of a lawsuit were based on the initial rep ignoring my dispute.
Hello all, Well this wknd it happened. All 2 inquires from the college were deleted ENTIRELY. No I just have to decide if I want to go through with Small Claims. The county where I would have to sue them has their courthouse about, half a block from the college. I on the other hand need to drive 4.5 hrs to get there. Still trying to figure out if the fact that they got deleted is further evidence of the fact that they shouldn't have been there in the first place.
Congrats! Well done! I'd love to see you take it to Small Claims, just to get a sense of how it would play out. You know my opinion, but good luck should you decide to pursue it.
