No PP--Please Proof This Letter

Discussion in 'Credit Talk' started by dalaggie, Sep 17, 2003.

  1. dalaggie

    dalaggie Well-Known Member

    Could you all please proof this letter? I have an ongoing dispute with an OC that is reporting a loan as having been late. They pulled my credit report without permission, apparently to find out what they were reporting. I am hoping to leverage that into a deletion. What do y'all think? Tips and suggestions are welcome...

    Via Fax and Certified Mail No.

    Dear Ms. XXXXXX:

    I have received and read with interest your letter dated August 21, 2003. A copy is attached for your easy reference. In that letter you have asserted that you believe that XXX Federal Credit Union acted in good faith in obtaining my credit report(s) without having a permissible purpose, as that term is defined by Fair Credit Reporting Act.

    In reading your letter, it now seems clear that while XXXFederal Credit Union believes that it has the right to define rules by which it expects its customers to behave (the violation of whichâ??or, as in my case, the allegation thereofâ??you believe gives you the right to destroy a personâ??s credit for seven years), you apparently are under the impression that rules designed to protect borrowers do not apply to you. However, the fact remains that you did not have permission to obtain my credit bureau report(s), and in so doing, you appear to have violated the law.

    The fact that XXX Credit Union apparently did not know what it was reporting to the credit bureaus when I originally inquired does not excuse them from complying with the law. An assertion of good faith on your part is irrelevant, as the fines and penalties for non-compliance in a case such as this are statutoryâ??in other words, I have only to prove that you pulled my report(s) without my permission in order to prove my case, should this matter reach court proceedings. Please see the attached Greenblatt Letter (which I also enclosed with my previous letter), which details the FTCâ??s stance with regard to damages resulting from violations of the Fair Credit Reporting Act.

    Your letter asserts that you have a right to pull a personâ??s credit report for the purpose of account reviews. I do not dispute that you have a right to do this with your current customers. However, I am not your customer, and I have not been in more than five years. That creditors do not have the right to obtain a personâ??s credit bureau report for the purpose of so-called account reviews on closed accounts is made clear in the Federal Trade Commissionâ??s Gowen letter, which I enclosed with my previous letter and have attached again for your convenience. This letter represents the FTCâ??s interpretation of the relevant sections of the Fair Credit Reporting Act, which they are charged with enforcing.

    In conclusion, this dispute has been ongoing, and I am frankly under the impression that you and other personnel at XXX Federal Credit Union are not interested in resolving this matter. Instead, you have obfuscated, delayed, and attempted to shift the blame for the credit unionâ??s actions to me. Nevertheless, I hope to resolve this amicably. If you do as well, please contact me within ten days. Failure to do so on your part will result in my being forced to file complaints with the appropriate federal and state authorities and to consider legal action.


    (XXX) XXX-XXXX fax
  2. jlynn

    jlynn Well-Known Member

    Just my .02. You gave them enough info to happily pay you the first time :)
  3. dalaggie

    dalaggie Well-Known Member

    Thanks for your input, jlynn...

    Its the first time that I've come this close to having to take legal action, and I want to make sure that I have all my ducks in a row. I think part of the problem is that the person I have been dealing with is not a lawyer, and probably doesn't realize what she has gotten into. I am not a lawyer either, but I am a law student, and I do know a few things...this credit union is in NC and I am in Texas...I would love to see their expressions when they get served to appear in a Texas District Court...which they will, if they don't become more cooperative.
  4. dalaggie

    dalaggie Well-Known Member

  5. Butch

    Butch Well-Known Member

    I'm w/Jlynn, although it could probably be shortened. Try to make it all on one page if ya can. Hell I'd just write ya a check. lol

    A cpl. things are curious tho.

    1) I'm assuming this is over a No PP inq., why would you suggest that it has ruined your credit for the next "7 years"?

    2) Since they are reporting a late, you'll want to be sure that deletion of the TL is part of your remedy. I see it in your comment but not your letter, unless it was in the first one.

    Good job.

  6. Butch

    Butch Well-Known Member

    BTW - this is exactly how I think it best to handle a PD. OFF neg. TL.

    If you can get the "bad guys" to pull your CR, on a closed account, you're pretty much home free.

  7. jlynn

    jlynn Well-Known Member

    Re: Re: No PP--Please Proof This Letter

  8. dalaggie

    dalaggie Well-Known Member

    Re: Re: No PP--Please Proof This Letter

    Aaarrrgghhh!!! "Hook 'em Horns?!?" That's some Satanic reference right? j/k

    Butch, the t-sip (that's you, jlynn) is right. This all started because they couldn't explain to me why they were reporting an item late, and that will be with me for seven years. They apparently pulled the report to find out what they were reporting. In fact, when I first called them about it, they told me they didn't have records. At any rate, this lady adopted an attitude, probably hoping I would go away. She's in for a nasty surprise...

    By the way, jlynn...i got into UT too...I was just out of the Army though, and A&M suited me a little better (the guy that showed me around UT had blue hair and piercing in unimaginable places). At any rate, I think they're both great schools...wanted to see ya'll whip the Piggies last week...what happened?
  9. jlynn

    jlynn Well-Known Member

    I'll do you one worse. I MARRIED A BOOMER SOONER. Do you know what life is going to be like in a few short weeks?????

    Didn't see the game, and DH just informed me with an evil gleam in his eye, that they beat the cow manure out of us (no pun intended)

    Mostly a big softball fan here - Cat Osterman is my daughter's idol.

  10. Butch

    Butch Well-Known Member

    Re: Re: Re: No PP--Please Proof This Letter

    AHA, didn't think of that, was just lookin at the inq. :)

    HAHAHAHA - good point

  11. Butch

    Butch Well-Known Member

    Re: Re: Re: No PP--Please Proof This Letter


    I love it when that happens.

  12. lbrown59

    lbrown59 Well-Known Member

    --Please Proof This Letter

    Originally posted by dalaggie
    They apparently pulled the report to find out what they were reporting.
    If they don't know what they are reporting why are they reporting?
    THE END ** *** ** LB 59
  13. dalaggie

    dalaggie Well-Known Member

    --Please Proof This Letter

    Beats the heck outta me why they were reporting it. As way of an update, I have since been contacted by their attorney, who told me that they didn't have the records for the loan, and who then told me that they "may" have them on microfiche in a warehouse. I'm in the process of asking why, if they don't even know whether they have the records or not, did they verify it when the CRA contacted them about my dispute (of course, I realize that the CRA may not have, but they don't know that--probably)...

Share This Page