Intent t Sue for Unauth Inq

Discussion in 'Credit Talk' started by liss411, May 7, 2003.

  1. liss411

    liss411 Well-Known Member

    Hello! Well, this board is getting me more siked than ever to sue Bank of the West for an unauthorized hard inquiry! They just responded to my 2nd letter w/ GUILTY written all over it! Bank of the west is removing the tradeline from my credit report but did not respond to the unauthorized inquiry. So, I'm a gonna' sue dem!
    Does anyone have a sample letter for intent to sue for unauth inquiry?

    Thanks in advance!
     
  2. EstherC

    EstherC Member

    I also have many inquiries which I have not auth..


    How can you tell when they are soft/hard inq?

    For example...I have a copy of my CRA that show "Companies that requested your Credit File"..Is that consider hard inquiries....If it is..

    I have a bunch of them which I've never auth...

    Let me know how to start the process....

    Thanks!
     
  3. WranglerTJ

    WranglerTJ Well-Known Member

    This is the second letter I send to creditors for non PP for inquiries. My first one is the same as this except for the last 2 paragraphs. I've had pretty good luck with it. I hope this helps.

    Dear Creditor:

    During a standard review of my credit files from the three major credit reporting agencies I was dismayed to find an inquiry posted by YOUR COMPANY on DATE, 2003.

    As you are probably aware, the credit reporting agencies regard inquiries as a statement of fact and will not allow a consumer to dispute them. They maintain that if the inquiry is on file then the company listed did in fact view the consumerâ??s record.

    Since it is unlawful under the Fair Credit Reporting Act for a person to view a consumer report without a â??permissible purposeâ?? I am writing this letter.

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

    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."

    Also from the Fair Credit Reporting Act:

    § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
    (a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
    (1) any actual damages sustained by the consumer as a result of the failure;
    (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

    Please provide me with proof of your permissible purpose for obtaining my credit report. What I donâ??t need from your company is a description of what an inquiry is or how it is reported. I know what an inquiry is and how it affects my credit rating. Should you not have proof of your permissible purpose, please arrange for payment of $1000 by (30 days after this notice) to the name and address at the top of this notice. Should payment not be received by this date, I will file a suit in small claims court on the morning of (day after your deadline) for violations of the FCRA

    I am willing to entertain any pre-trial settlement offer you wish to propound. All future communications must be done in writing and sent to the address noted at the top of this notice. Please give this important matter the attention it deserves.



    Sincerely,

    Consumer
     
  4. liss411

    liss411 Well-Known Member

    Thanks so much!! i will let you know what I buy w/ my moolah from Bank of the west!
     
  5. ShaleDC

    ShaleDC Well-Known Member

    Or you could pay off debt... Changing your credit score is only worth it if you free up cash to pay down debt. Why spend your life working to pay interest? Make your money work for you.
     
  6. fred15

    fred15 Active Member

    Question for you:

    Can a creditor on a closed account - (Account closed by credit grantor), continue to pull hard inquiries years after they close the account?

    If I have no account, then I am not a current customer.

    This is an older joint account, with many lates.

    What can I do to make them remove the account from all my reports? Can I get them to do that as a settlement for the pulls?


    thanks.
     
  7. GEORGE

    GEORGE Well-Known Member

    NO PP FOR A CLOSED ACCOUNT (unless you still owe them some money)
     
  8. Butch

    Butch Well-Known Member



    First thing to realize Esther is that when it comes to No PP's Inq's, it makes NO difference whether the inq. is hard or soft.

    They owe ya a grand either way.

    :)
     
  9. LKH

    LKH Well-Known Member

    Re: Re: Intent t Sue for Unauth Inq

    Isn't that comment a little broad? What about someone who has not opted out and has a soft PRM inquiry? Are they liable to the consumer for $1000 for that soft inquiry?
     

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