My letters to WFNNB and Providian..

Here is my letter to Providian:

Allen xxxx
xxxx st

ATTN: Legal Department - Providian
201 Mission Street
San Francisco, CA 94105

December 5, 2002

To Whom It May Concern:

I am writing about two issues. The first issue is your permissible purpose for pulling my credit report. The second issue is the inaccurate reporting of my Providian/Compucredit/Emerge account.

As per Experian, you obtained my credit report on September 5, 2002. As per Transunion, you obtained my credit report twice on August 13 and August 16, 2001. See attachments for the printouts. While the Transunion inquiry was for a permissible purpose as I did in fact apply for credit, the second inquiry had no permissible purpose.

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."

In addition, my account was closed on August 14, 2002. See attachment for the printout of both accounts showing their closed state.

Section 604(a)(3)(A) of the FCRA provides a consumer reporting agency ("CRA," usually a credit bureau) with a permissible purpose to provide a report on a consumer to a person who "intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer."(1) Once an account is closed because the consumer has paid the debt in full (and also, in the case of an open-end account such as a credit card account, notified the creditor to close the account), it is our view that no permissible purpose exists for a CRA to provide file information on a consumer to the creditor. Because there no longer exists any account to "review" and the consumer is not applying for credit, the FCRA provides no permissible purpose for the creditor to receive a consumer report from a CRA.

Please explain your permissible purpose for obtaining my credit reports. Should you not have a permissible purpose, please arrange for deletion of the inquiry from my Experian credit report and payment of $1,000 by December 30, 2002.

The second issue is regarding the reporting of my CLOSED/FULLY PAID Providian credit card account.

I closed my account on August 14, 2002 and paid the entire balance. I was in complete shock when (for absolutely no reason) my interest rate was raised to 29.99%.

Then, to my surprise, in late October I received a letter from Emerge stating my account was sold to them. I called multiple times but could not understand a word of what the representatives were saying (possibly due to outsourcing the call center overseas). I was told that the Emerge account would NEVER appear on any credit report.

My Experian credit report, it shows 2 accounts, one for Emerge (shows as open), and one for Providian (shows as Paid/Closed).

My Equifax credit report shows one for Compucredit (shows as open).

My Transunion credit report shows one account for Emerge (shows as open).

All of the sections of my credit reports that pertain to this matter have been enclosed.

Please remove all tradelines associated with Providian/Emerge/Compucredit.

I am in the process of purchasing my first home and the additional tradelines and inquiries have negatively affected my credit reporting and FICO scores. I hope we can resolve these issues swiftly so as not to affect my actual mortgage.

Please respond via e-mail to the address listed above, or by mail.

Sincerely,
Allen

 

here is the wfnnb letter:

ATTN: MARION BECK
Legal Department / Account Control Department
World Financial Network National Bank
220 W. Schrock Road
Westerville, OH 43801

December 5, 2002

To Whom It May Concern:

As per Experian, you obtained my credit report twice on August 15, 2002. See attachment for the printout from my credit report.

I don't recall applying for credit or employment with you. 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."

In addition, both accounts were closed prior to year 2000. See attachment for the printout of both accounts showing their closed state.

Section 604(a)(3)(A) of the FCRA provides a consumer reporting agency ("CRA," usually a credit bureau) with a permissible purpose to provide a report on a consumer to a person who "intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer."(1) Once an account is closed because the consumer has paid the debt in full (and also, in the case of an open-end account such as a credit card account, notified the creditor to close the account), it is our view that no permissible purpose exists for a CRA to provide file information on a consumer to the creditor. Because there no longer exists any account to "review" and the consumer is not applying for credit, the FCRA provides no permissible purpose for the creditor to receive a consumer report from a CRA.

Please explain your permissible purpose for obtaining my credit report. Should you not have a permissible purpose, please arrange for deletion of the inquiry from my Experian credit report and payment of $2,000 ($1,000 per violation) by December 30, 2002.

Please respond via e-mail to the address listed above, or by mail.

Sincerely,

 

no comments at all??

 

thats what im about to sue them for

wanna join me?

 

they will be going out CRRR this afternoon

i almost forgot to sign the letters AAAH!

 

Thanks for all of the positive feedback!!! the letters went out crrr on friday...

i hope they respond this week

 

FYI, today is the 30th and I have received ZERO response from either company.

BLAH I SAY

 

any chance you could come to the chat area? "member chat button" ?

 

here is the letter from providian... looks like they took off the tradelines but not the inquiries...

http://www.htmlcenter.com/jetta/emergeletter.gif

 

they pulled again on 3/13 and still havent responded to my letter - what shall i do

when i speak to marion beck - she says they are investigating

blah