My hubby has an old auto loan opened in 10/95 and paid off in 9/96. I really don't believe it was ever paid late but I'm not 100% sure. TU and EX have it reported as PAID/NEVER LATE. EQ was reporting it with a 30 day late in 7/96 so I disputed it. It came back as "updated with new info from creditor" and now has (2) 30 day lates in 7/96 and 8/96. So I sent the creditor a variation of "DanceRat's paid collection letter" to fit the situation (basically saying it was being reported incorrectly and needed to be fixed or deleted). I received a letter from the creditor yesterday saying: Thank you for contacting XXX about the above referenced account showing on your credit report. After reviewing the account information, we will not change any information that we have reported. We have validated that all information reported on the account is accurate. So I checked all his reports and they pulled a soft inquiry on EX the same day the letter was written (of course it was on the report that shows paid/never late). How should I handle this? Also they should not have pulled his report, right? (even if it was a soft)
I would advise them that they had no permissable purpose for pulling your credit report. They should know what they are reporting without having to look at your report. You can advise them that per the FCRA they now owe you $1000, but you will settle for deletion of the lates. If they refuse, send them a demand letter for the $1000.
LKH, You are 100% correct. In a way it is good they did this because you now have leverage to get what you want or $1000.00. Since this is paid and you no longer owe them anything they have nothing to gain and everything to lose. They went against the FCRA when they pulled your credit report and created and inquiry since you owe them nothing anymore and they have no right to do so. They should already know what they are reporting about you to begin with. Send out that settlement letter ASAP, get the update or get the $1000.00 it is up to them. Tac
Hows this? Any changes? XXX XXX XXX, XX XXXXX RE: Account #XXX ATTN: XXX June 23, 2002 Dear Ms. XXXXXX, I am in receipt of your letter dated June 14, 2002 in which you validate all information being reported to the Credit Bureaus as accurate. However your company continues to report several false late payment notations associated with this account on my Equifax credit file. Furthermore your company has viewed my credit file WITHOUT a 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." 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." You may contact me before July 1, 2002 by fax at (XXX) XXX-XXXX. This matter can be settled by simply removing all late pay notations from my Equifax credit file, in which case I will not seek the damages in which I am entitled. Otherwise, please arrange for payment in the amount of $1,000. Sincerely, XXX SS# XXX Sent via facsimile to (XXX) XXX-XXXX and by Certified Return Receipt Mail
Dear Donna, I might suggest that you remove your reference to the report that is wrong, ie. Eqx. By so doing they may also pull your TU and EX file as well. Boom - you increase your leverage by demanding $3,000 instead of 1. Whatta you guy's think?
Do you have to even tell them What exactly is wrong? Can't you just say that they reported it incorrectly and need to delete it and wait for them to run a report? I'm thinking of doing this with household auto. They owe me $1k anyway for prepayment penalties that I never agreed to when I bought the car (the contract doesn't state anything about them).
Thta's the way I'd do it Dark. Just tell em; 1) It's wrong 2) Fix it now 3) Or delete immediately They will be between a rock and a hard place. It's a fantastic catch 22. We owe this strategy to DanceRat, maybe she can comment.
