I sent several modified validation letters to some old, closed accounts that were included in a CH13 filing 2+ years ago. These accounts are still reporting incorrectly after two years. WHile they do show "included in bk", they also show current balances, past due bal, wrong amounts, etc. So, I sent these letters to try to clear this mess up once and for all. One of the creditors pulled a hard inquiry upon receipt of my request for validation. I sent them another letter demanding to know their permissible purpose. They replied saying "we had to see what we were reporting on this account." What? They don't know what they are reporting? How can that be? They went on to say that they had a "legitimate business purpose" in their inquiry. This account is closed. There is no collection activity, no application for credit, nothing that would fall into the FCRA categories of permissible purpose. Is anyone buying their argument? I would really like to know what you all think before I fire off the next leter.
The only permissible purposes for pulling credit are: employment, court actions, and intent to grant credit. They are definitely wrong.
How does Court Actions constitute as permissible? /edit adding Are you saying that someone can check your credit before taken action against you for a judgement? or are you stating the Court orders it?
Lisa, That's not a permissible purpose!!!!!! Read this link from christine at bayhouse, it's similar and she got her $1,000 bucks w/o going to a court room, by having the documentation w/ their assumed permissible purpose stated: http://www.bayhouse.com/credit-forum/showthread.php?threadid=229 I want you to collect your $1,000 in coins so I can hear the KA-CHING all the way in Arizona, please! Summons Marie to respond, she's done a lot of research on permissible purpose. I think this was her latest post on it: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=23942) Sassy
Woot ok, in my letter I gave them 10 days to send me $1000 or else. got 2 more days and then its Court time for them! Just need a few things to show them to really clinche the gold.
I would say no. Of course, I'm not a lawyer or a judge... but I read that they should ask you what they're reporting and use that... I've had a similar issue and the creditor asked for a copy of my report as they could no longer pull my report... their words... frankly, if you have the stamina, I'd sue them. Did they pull a hard inquiry? if so, doubly so. a hard inquiry will hurt your score. As to the results, this type of lawsuit is newer for the board so we don't really have any guidelines as to how these will do in a courtroom... I'm not sure if you need actual damages or not.. if a creditor needs to see this stuff or not just for a permissible purpose lawsuit. However, if an old creditor isn't reporting correctly they have a fcra duty to correct. Since they're not just snooping for no reason... if I were you I'd really try to set them up: apply for local credit (so the manager of the bank/cu can be subpeona'd) and see what they say... if you can get actual damages stemming from the trade line, you really have a good case. It's my opinion that a permissible purpose violation won't need actual damages, just the impermissible pull. Thus, you would have them on 2 real issues... Up to you how to proceed... if you want to sue them certainly you have 2 issues... again, just not sure how these are going to fare in a court room... my opinion would be to sue them... clearly corporations don't "learn" without losing money...
ok... I just reread and thought about this. 1. Their permissible purpose expired upon termination of the business relationship. 2. they have no permissible purpose for threat of lawsuit (if you put that in your letter) 3. They already violated fcra by not reporting complete and accurate data... If you don't feel comfortable doing this on your own.. I can give you a lawyer referral. Sometimes he works on contingency and he's one of the best. also, you may want to read some of those ftc opinion letters... they're real eye openers as to what can't be done with your info... and who can/can't be in it... it doesn't take long to read them and they'll help you... you can cut and paste from them or even file an ftc complaint/ bbb complaint/ state atty general or office of consumer affairs complaint... along with a lawsuit... you have a lot of options... I had a major bank delete b/c they pursued me post bk, had the trade line wrong, etc etc. they fell over themselves apologizing and they also removed the trade line completely... Get the trade lines completely removed and if you really want to push it, money for your trouble. deleting the trade line in full (and sending you confirmation of it) is easy I'm going to be out a lot in the next 2 weeks so I'll only check in a few times... which is why I didn't see your post earlier.. good luck... and if you want an atty referral, let me know
Ok well tommorrow I am supposely going to get answers regarding to a couple intent to sue letters, if not I will keep anyone interested posted on what is happening.
Kiyi, I would certainly be interested in what is going on with your future suits. Keep us informed, please! Thanks everyone for your input. I am a little undecided on this whole issue. I am leaning toward going for it and filing. What do i have to lose? I wrote them a letter that clearly outlined what my intentions were and had been from the start....a tradeline correctly reporting from their bank. This is what I got for my trouble. Again, thanks everyone. I feel more solid in my next move now! Lisa
Go for it. As long as you have your documentation you will persevere. These clowns are "banking" on 99.99% of us not doing a thing about their illegal business practices.
This was a nice post, it gives me some ammo on the suit i'm going to file on assest... Marie aren't you located in GA? if so let me know about that attorney you're talking about....
Ok as for the most recent one, The therapist states she had permissible purpose cause she was bring civil action against me in court, she is toast with a Capital T. Next one is an ex-landlord that I paid and he is trying to get more money out of me, needless to say he has tarnished two of my credit reports and his collection agency refuses to remove them or verify that I owe them. Actually they sent an intent to sue letter as verification. They have two days to serve me if they do, great, if they don't even greater cause thats another violation Third one is sticky cause I owe part of the bill but they have one of those lawyer/collection agencies types who knows all, First off I never got any letters from them and when I asked for verification I just got an itemized statement of the bill. I called up the creditor and they said, reason the bill is more is lawyer fees. Under FCRA these collection agencies/lawyer can't charge lawyer fees, plus there is about 6 other violations.
This was a nice post, it gives me some ammo on the suit i'm going to file on asset... Marie aren't you located in GA? if so let me know about that attorney you're talking about....
