Permisable Purpose....

Discussion in 'Credit Talk' started by ctshorse, Apr 30, 2004.

  1. ctshorse

    ctshorse Banned

    Anyone think this letter will rattle some cages at TU?
    <I had 2 CA inquires on my TU report that were for accounts not belonging to me. I wrote TU and explained to them that the inquiries were not authorized and not related to an account owned by me. I asked, ASKED them to invesigate and remove. They sent back a form letter explaining the 2 year rule for inquiries and refused to even investigate. So here is my 1'st reply.>

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    I wrote a letter to TRANSUNION on 3/31 2004 (Exhibit A) and received a response (EXHIBIT B) to my letter as noted on attachments.

    Perhaps I did not make myself clear in my initial letter. I will try to do so one more time before I file suit against TRANSUNION for illegally releasing my credit information to unauthorized 3â??rd parties.

    In accordance to the FCRA, Section 604(a)(3)(A), Credit Reporting Agencies, like TRANSUNION, are permitted to release credit information in response to 3â??rd party request if said creditors or third party debt collectors want to receive consumer reports if the third party "intends to use the information in connection with a credit transaction involving the consumer . . . and involving the extension of credit to, or review or collection of an account, of the consumer.
    As I stated in my letter of March 31, 2004, I am not the consumer who entered into the agreements of debt for this account. I was only an authorized user on said accounts and I never (1) agreed to any credit terms (2) provided my social security number (3) gave express or any other permission to said creditor to receive credit information from TRANSUNION or any other credit reporting agency. The type of inquires in question are those type that require my express consent given to said 3â??rd parties or a party to whom said 3â??rd parties are acting on behalf of. § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]
    The 3â??rd parties listed above had no permissible reason either direct or indirect to make the type of inquiry they made of TRANSUNION for my credit information. As TRANSUNION is aware, according to the FCRA § 619. Obtaining information under false pretenses [15 U.S.C. § 1681q] Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.
    All TRANSUNION has to do is to verify with the above 3â??rd parties that the inquiry they made for my credit information was initiated by them as result of false information they had obtained from their client and that these 3â??rd parties did not have my permission to make such inquiries. Permission they were required to have as required by law.

    I Demand that TRANSUNION remove these fraudulent inquiries from my TRANSUNION credit report. If this inaccurate information is not removed, I will file a formal complaint with the FTC. Furthermore, should TRANSUNION continue in its deliberate obstruction of the law I shall seek redress in civil action, for recovery of damages, costs, and attorneys fees. § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

    Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within 15 days of the completion of your re-investigation.

    Please include with your response the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher.

    If you have any questions or need additional information, please contact me at............
     
  2. ontrack

    ontrack Well-Known Member

    TU will probably just ignore you unless the CAs request removal. Did the CAs admit that you are not liable for the debt, and did you request that they remove their inquiries?
     
  3. ctshorse

    ctshorse Banned

    Yes. The CA admitted it. They claimed that the orig creditor gave them info that I was joint. After I told them it was auth they checked and confirmed. They then removed their chargeoff report from the TU records. Left their inquiry.

    What do you mean TU will ignore my letter? How can they do that, legally???
     
  4. bizwiz41

    bizwiz41 Well-Known Member

    This probably goes back to you being listed as an "authorized user". There may be language in the cardholder agreement that allows this. Check the "fine print" before firing off the suit letter.
     
  5. Butch

    Butch Well-Known Member

    Yeah, ...

    do some double checkin Shore.

    Your argument is with the CA & OC.

    :)
     
  6. ctshorse

    ctshorse Banned

    SO, if I can get the CA to remove the inquiry, I might have a better chance? The Orig Cred is not worth contacting since they sent the initial incorrect info to the CA. The CA did confirm the info was correct and had they been given the suth user info initially, they would not have made any reports or inquiry with TU. So maybe I should threaten suit against them ?(the CA)......
     
  7. ctshorse

    ctshorse Banned

    Should I even care? Does this kind of inquiry do any damage to my report or scores?
     
  8. ontrack

    ontrack Well-Known Member

    Any inquiry visible to others, especially from a CA, lowers your FICO score and may affect your terms with other lenders, including your existing accounts.

    Since the CA has acknowledged that you were AU and not Joint, on the account, and that you are not liable for the account, have you asked them to remove the inquiry?
     

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