removing inquiries 101

Discussion in 'Credit Talk' started by DanS, Jun 30, 2003.

  1. DanS

    DanS Well-Known Member

    There seems to be much less accurate information on removing inquiries than removing collection/account info. There are two letters in the sample letters section that are very different in their approach - one is sent to the CRA, the other to the party who made the original inquiry.

    I would like to start a thread is (a) easier to find and (b) has all the info in one place.

    I have sent CRRR notes to companies that have made inquiries in the last six months, asking them to validate my authorization for gathering my credit info, and I have gotten two replies.

    Both of them mention Yet Another Company who asked for the information and I am now, according to their replies, supposed to get that info from them.

    Following the logic of validation for collection info, isn't this the equivalent of failing to validate the inquiry and is that enough, after 30 days, to send to the CRA to get the inquiry removed?

    Or am I really supposed to chase down the line, going to the next company and when they can't produce my authorization, how do I get company 2 to let company 1 (the ones on my CR) know they in fact were not authorized?
     
  2. Smitty

    Smitty Well-Known Member

    Seems to me that if someone puts an inquiry in your file, THEY should be the ones to validate. Heck, if I rob a bank and give the money to charity, Goodwill ain't gonna be the one going to jail! I can assure you that.

    Smitty
    If you don't like the way I drive, stay off the porch!
     
  3. BrettS

    BrettS Well-Known Member

    I think the issue has to do with the way credit report inquiries are done. For example, when I recently applied for a mortgage I got an inquiry on my credit report from the company CREDCO and in the description on Experian's report it says "Permissible purpose - mortgage with Homestead Funding" (Or something similar to that). I applied for the mortgage with Homestead and I never had any dealings with CREDCO. My understanding is that it works like this: Homestead doesn't have the subscription or membership or whatever is required with the CRA's to do inquiries. Instead, they have a subscription with CREDCO who then does the inquiry for Homestead and provides the information to them. Since the mortgage was initiated with Homestead, they are the ones I would have to go to in order to get information about the inquiries.

    HTH,
    Brett
     
  4. chrisb

    chrisb Well-Known Member

    This is the way I see it. Company B pulled my credit report information. I never authorized Company B to pull my credit. I asked Company B about it and they say "Company A Told us we could. Ask them!" Company B is still the company that is written on your credit report stating that they've gotten your report, and to a prospective new creditor it will look like you're trying several places to gain credit. I would just inform Company B in writing that:

    I was informed by the Credit Reporting Agencies Transunion, Equifax, and Experian that the inquiries on the hard inquiry section are a matter of fact, and that the companies mentioned recieved credit information on me. If they did not have authorization to inquire, the company on the inquiry is the only party who has authorization to have the inquiry notation deleted from my credit report file. Since your company is the one who requested my credit report without my authorization, your company would be the one held liable in legal action should I choose that path. In your response to my validation request, you stated that you were given authority by COMPANY A to pull my report. I can only assume that they sent you valid proof showing that I agreed to have other companies pull my credit report; therefor, I request that you send me this alleged proof of my authorizing you to pull my credit report. If such proof does not exist, then you did not have the authority to pull my credit report, and by law you are required to have the inquiry removed from all three credit reporting agencies. You have 30 days from reciept of this letter to comply with either written authorization from me stating you may pull my credit report, or a deletion of the inquiry. Failure to do so may result in legal action as allowed by the Fair Credit Reporting Act.


    I would not try and bring down the amount of time allowed, 30 days is long enough for them to do anything they would need to, anything less you open yourself up to a judge feeling you weren't fair. Check the non PP inquiry posts here on CN for the exact statutes and after 30 days I'd pull all three, and if the inquiry stays and I haven't recieved proof, file suit.

    Hope I could be of help.

    ChrisB
     
  5. chrisb

    chrisb Well-Known Member

    Re: Re: removing inquiries 101

    I see your point, but if I wrote to CREDCO asking what makes them think they have permissible purpose pulling my credit report, I would expect them to respond "You applied for a mortgage through our partner company Homestead Funding and we run the credit report for them to analize the information." I would not expect them to respond "We're not responsible, Homestead told us we could look you up. You have to ask them why we did an inquiry"

    I would expect if CREDCO (in your example) regularly pulls for lenders they would maintain a database of the information which gave them permission to pull, and would gladly respond with that information.

    ChrisB
     
  6. DanS

    DanS Well-Known Member

    Re: Re: removing inquiries 101

    Sounds logical to me, but has anyone done this and how did it turn out?
     
  7. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Re: removing inquiries 101

    QUICK, before the Stipulation of Settlement is signed and I can't post it because of aConfidentiality Clause:

    A Company called Clear Credit got my OK to pull my CRA files for a tri-merge. They gave my info to a company called iQualifynow.com who asked Info1 to pull my credit.

    OK, so I look at my CRA file and see Info1 all over it, then get an e-mail from iQualifynow saying I qualified for a mortgage and they got my info from Clear Credit.

    Clear Credit is now negotiating a settlement for me not to sue all three of them. The settlement is not yet signed so I can post this, but Clear Credit will be sending me at least $1000.

    If negotiations break down for any reason, I start suit against iQualifnow and Info1 immediately. Clear Credit has already been served with the summons.
     
  8. Pooky

    Pooky Well-Known Member

    Fast ways to get inquiries removed

    Here's what I did to get inquiries removed. I called Experian (transfer to Fraud Dept.), Equifax, TU. I told them I did recognize the inquiries or authorize the inquiries. The CSR put them in dispute and I got about 10 inquiries removed in about 3 days and still waiting for EXP disputes to finalize. I would go this route first, it's faster and free. You may have to call CSRs back a few times til you get one, who will put the inquiries in dispute. Lastly, check your reports and try not to dispute inquiries that you have ccounts open currently.

    Lastly, I found the technique on CreditBoards.

    Peace...
     
  9. sassyinaz

    sassyinaz Well-Known Member

    Re: Fast ways to get inquiries removed

    oh no!!!!!!!!!!!!

    That's bad advice, pooky, sorry to say and you've obviously not followed-up or through with the postings at creditboards regarding the same. Do yourself a favor and do so please.

    Stop passing this around, pooky, please!!!!!!!!!

    DON'T DISPUTE THROUGH THE SPECIAL OR FRAUD DEPARTMENTS OF THE CRA'S (yes yelling!!!!!!!!!) YOU WILL END UP WITH A FRAUD ALERT AND SUBMITTED TO CDIA for processing and forwarding to law enforcement!!!!!!

    DISPUTING IS NOT FRAUD and don't let the CRA's further their credit police initiative. If we continue doing this and allowing them the authority. They will take it and soon be just what they want.

    CRA's DON'T make the rules, they FOLLOW the rules.

    DON'T DO IT, disputing is NOT fraud. Don't allow the credit police by CRA voluntary ID theft initiative, effective April of this year to suck you in.

    I posted the same here and a warning, no one wants to read or hear, only wanting the inquiries removed no matter the result:

    06/17/03 -- A Dispute is not fraud: http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=48360

    http://www.creditboards.com/phpBB2/viewtopic.php?t=5874&highlight=sassy+fraud

    The information didn't come from creditboards, it was passed there by a joint member from Kristy's site: http://d4003921.u51.infinology.com/...r=&query=&msgid=&page=&sort=&do=&key=&others=

    I'm one of Kristy's most adoring fans, so don't anyone try to make the reference more than it is, factual. Just getting it straight.

    Sassy
     
  10. four20nik

    four20nik Well-Known Member

    Re: Fast ways to get inquiries removed

    Hey Sassy...lol...

    I can vouch for what sassy says as being true...I disputed through exp and ended up with a fraud alert on my file. THEN...the fraud alert was passed along to the other 2 cra's. It sucked...I have since had the alert removed from EQ and TU...but exp still remains, as I've been waiting for the investigation to be through for the inqs.

    Removing the alert wasnt bad form tu and eq...called tu and had to fax eq. BUT it is a PITA!

    AND...something Sassy helped me to see is that you DO have the right to dispute inqs as just a plain old dispute. EQ understands this and as long as your inqs are not tied to accounts, they are willing to accept the disputes...WITHOUT having to cry fraud.

    EXP took it upon themselves to mark my file with a hawk alert (sending me a letter that I am the one who requested it, even though I didnt) and forward the alert to the other agencies as well.

    We are entitled to dispute and whether or not exp and tu believes this...it is true. Someone recently won a case against exp for not letting them dispute inqs...I'm sure there will be more suits to follow from others.

    For those of you comtemplating this...I cant change your minds...only share with you the experience I had. Please read the threads on CB concerning this if you decide to do so, as there have been lengthy discussions. FWIW...eq is very cooperative in doing this and I DO dispute through them...like I said...without fraud implications. The inqs are gone usually the next day.

    OKAY...sorry if I stepped on anyone's toes...just want y'all to make an informed decission.
     
  11. LIONHEART

    LIONHEART Member

    Re: Fast ways to get inquiries removed

    "Someone recently won a case against exp for not letting them dispute inqs...I'm sure there will be more suits to follow from others."

    Can you provide a case number or other reference or details on the above.
     
  12. four20nik

    four20nik Well-Known Member

    Re: Fast ways to get inquiries removed

    Search Picantel
     
  13. Mycroft

    Mycroft Well-Known Member

    Re: Re: Re: Re: removing inquiries 101


    Wait...why are you suing?
     
  14. Mycroft

    Mycroft Well-Known Member

    Re: Re: removing inquiries 101

    Bingo.

    First American Credco is a reseller. They provide credit reports for a lot of mortgage companies.
     
  15. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Re: Re: Re: removing inquiries 101

    Unauthorized hard inquiries by iQualifynow and Info1.

    Clear credit did a soft pull for the tri-merge. That is ALL I authorized.
     
  16. Mycroft

    Mycroft Well-Known Member

    Re: Re: Re: Re: Re: Re: removing inquiries 101

    Okay, I get it. You authorized Clear Credit to check your credit, but they gave your information to iQualifynow who you did not authorize to pull your credit, but they did anyway. I can see suing over that.

    What service does Clear Credit offer? Was their credit report for your use? Or something else?
     
  17. Butch

    Butch Well-Known Member

    Re: Re: Re: Re: Re: Re: removing inquiries 101

    § 607. Compliance procedures [15 U.S.C. § 1681e]

    (a) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [§ 1681c] and to limit the furnishing of consumer reports to the purposes listed under section 604 [§ 1681b] of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 604 [§ 1681b] of this title.

    (1) Disclosure. A person may not procure a consumer report for purposes of reselling the report (or any information in the report) unless the person discloses to the consumer reporting agency that originally furnishes the report

    (A) the identity of the end-user of the report (or information); and

    (B) each permissible purpose under section 604 [§ 1681b] for which the report is furnished to the end-user of the report (or information).


    (2) Responsibilities of procurers for resale. A person who procures a consumer report for purposes of reselling the report (or any information in the report) shall

    (A) establish and comply with reasonable procedures designed to ensure that the report (or information) is resold by the person only for a purpose for which the report may be furnished under section 604 [§ 1681b], including by requiring that each person to which the report (or information) is resold and that resells or provides the report (or information) to any other person

    (i) identifies each end user of the resold report (or information);

    (ii) certifies each purpose for which the report (or information) will be used; and

    (iii) certifies that the report (or information) will be used for no other purpose; and

    (B) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph (A).
     
  18. ALF

    ALF Well-Known Member

    Re: Re: Re: Re: Re: Re: removing inquiries 101

    Guys,

    I have a similar problem. I have 2 inquiries from OSI Collection Services and I do not have a collection account with them at all. They have both been pulled within the last 2.5 weeks. I do not know where to go from here. I was able to track down the phone number for the inquiries and it is tied to Heilig-Meyers and Dell. What's funny is that there is no Heilig-Meyers where I live nor do I own a dell computer. The supervisor was very disrespectful and even hung up on me. EXP refuses to put the inquiries in dispute, unless I claim fraud. Where should I go from here. Should I send letters to both EXP and the OSI for this?

    Thanks for your help in advance,
    Aleta
     
  19. DanS

    DanS Well-Known Member

    Got two more letters back. I *think* my response at this point should be to do nothing, wait the 30 days, send a note that sites some of the above outlined FTC regs and tell them (a) you did not send proof of PP within 30 days so (b) notify the CRAs they should delete or (c) I'll hit you for $1k for each CRA you used.

    Ok, Fleet sent me "we have checked, the information is correct and go to hell!" Alright, the last one was mine.

    Providian sent me a letter requesting more information, that is, copies of my CR from the last 30 days. I sent the date of the inquiry and the names of the CRAs involved - am I hurting myself by not responding? I don't think so.

    The reason I started this thread, and why I'm posting these additional questions, is unlike debt validation, I've found very little solid information here.

    I assume inquiry removal works just like validation - you have not provided proof of PP, therefore, you have none and in 15 days it gets removed. Or I hit them for $1k on each report pulled.
     
  20. Butch

    Butch Well-Known Member

    Ok guy's,

    I'm not sure why you think you find little information "here", or for that matter whether you mean "here" on this thread, or "here" on this board.


    This topic has been so thoroughly hammered to death that most people leave you to your own devices in figuring out how to use your search function, rather than REHASH an already completely exhausted subject, yet again.


    With respect to No PP inqs. the whole thing is brutally simple:


    1) They either have a permissible purpose or they don't.

    2) If they don't, they violated and not only had better remove it but ALSO better pay you $1,000.

    3) If they obfuscate, (which of course they will) SUE THEM!

    It's truly that simple.

    You both need to send some version of the following letter, via crrr, and follow the process.



    Upon reviewing my Experian credit report, I noticed that xxxxxx obtained my credit report on x/x/xx. I did not authorize this inquiry.

    I DID NOT give you a permissible purpose to request my credit history from Experian or any other CRA. A collection inquiry is VERY detrimental to ones credit score. There is cause for damage on my part.


    • § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a)(1)(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;


    Please explain your permissible purpose for obtaining my credit report. Upon a careful examination of your file you will immediately understand that you did not have such.

    Therefore, please arrange for payment of $1,000 by xx/xx/xxxx, or I will be forced to file suit against you for numerous willful and negligent violations of federal law, state law and my rights as a consumer.

    In your written reply please provide the name, address and phone number of your "registered agent". Your reply can be faxed to: 1.xxx.xxx.xxxx.


    Regards,


    Note the request for their registered agent. When I got my $1,000 check I really believe this helped let them know how serious I was. But of course you have to be serious. :)

    Also, I copied their Office Of Cheif Council.

    Now - GO GET EM.

    :)
     

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