Unauthorized Inquiry â?? Help!!!

Discussion in 'Credit Talk' started by Denny, Nov 4, 2003.

  1. Denny

    Denny Well-Known Member

    Hi,

    I just got my Experian report and I have noticed unauthorized hard inquiry from â??First American Registryâ? for residential rental Union Management agency. Also one from MBNA.

    Iâ??ve never authorized them to check my credit. What should I do about this? I would appreciate if someone could explain to me whatâ??s procedure to remove this hard inquiry, since Iâ??m new in this field.

    Thanks,
    Denny
     
  2. iambroke

    iambroke Well-Known Member

    Send a dispute letter asking them to remove it due to it not being a permissible purpose by you!

    I found that Equifax and Experian did remove them but TU did not so you've got a pretty good chance.
     
  3. Denny

    Denny Well-Known Member

    Hi,

    As far as I understand I have to contact Experian first. And at this point I donâ??t have to contact agency who made hard inquiry. Right? And then to wait 30 days. Are they going to send me back results of investigation or not?
    If it comes verified, than I have to send letter to OC, right?
    Uuuuuuuuh Iâ??m so confused with this.

    Is this the right letter to send to CRA? Why it says re-investigated?



    Dear Sir/Madame:

    This letter is a formal complaint that you are reporting inaccurate and incomplete credit information.

    I am distressed that you have included the below information in my credit profile and have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy in the credit reports you publish.

    Credit reporting laws ensure that bureaus report only 100% accurate credit information. Every step must be taken to assure the information reported is completely accurate and correct.

    The following information therefore needs to be re-investigated. I respectfully request to be provided proof that these inquiries were in fact authorized with an instrument bearing my signature, and for legitimate business purposes. Failing that, the unauthorized inquiry must be deleted from the report as soon as possible:

    Name of Creditor/Agency, Account #_________

    The listed inquiry was without authorization, and for no legitimate business purposes. As such, it is a very serious error in reporting. Please delete this misleading information, and supply a corrected credit profile to all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes.

    Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber.

    Under federal law, you have thirty (30) days to complete your re-investigation. 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.

    Sincerely,

    «Signature»
    «Your Name»
     
  4. Butch

    Butch Well-Known Member

    Hi Denny,

    I'd do this a little differently.

    Go directly at the DF and demand an explanation, AND $1,000.

    I got mine.

    :)

    .
     
  5. Denny

    Denny Well-Known Member

    Hi Butch,

    Thanks for reply :) What's DF? Can I do dispute this on the phone also, and what is diference between sending mail and calling CRA?

    They have to show me the proof that I gave them my permission to check my credit? Like my signature, right?

    Thanks,
    Denny
     
  6. Butch

    Butch Well-Known Member

    August 27, 2002

    NitWit Creditor

    123 West Street
    Anytown, state zip

    Certified Mail # 7001 1940 0000 6159 9790

    To whom it may concern:

    Upon reviewing my Experian credit report, I noticed that [your company] obtained my credit report on 8/15/02. I did not authorize this inquiry and took valiant steps to make sure it did not happen.

    I DID NOT give you a permissible purpose to request my credit history from Experian or any other CRA. An inquiry without a corresponding account 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.

    Also, please arrange for payment of $1,000 by 9/15/02, 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,
     
  7. Denny

    Denny Well-Known Member

    Wow Butch!!!!!!!!

    This sound STRONG!!!! Thanks for letting me know what rights I do have! Feels nice :))))) Thanks again!

    So instead disputing with Experian, I should first send this letter to agency who did inquiry.

    :))))))))
    Denny
     
  8. chrisb

    chrisb Well-Known Member

    Re: Re: Unauthorized Inquiry â?? Help

    You can dispute an inquiry until you're blue in the face. Unfortunatly the CRA will always say that the inquiry is correct, which to a point it is. The inquiry states that your credit report was shown to XYZ company. The fact that XYZ company illegally requested your credit report is only actionable by you to XYZ company, not the CRA. The CRA did show your credit file information to XYZ company so if you get any response from them it will likely be the "An Inquiry is a statement of fact, and therefor can not be disputed" response. I agree with Butch (as I usually do) and say that you can just send a letter to the perpitrator of the illegal inqiury demanding damages then follow with a lawsuit if they don't pay & delete.

    ChrisB
     
  9. Denny

    Denny Well-Known Member

    Re: Re: Re: Unauthorized Inquiry â?? Help

    I just spoke to Trans Union, and they refused to investigate saying I should contact company that furnished information. Spoke twice and same answer. How is this posible - they should contact company not me?????????!!!!!!!!!!!!!!!

    Denny
     
  10. iambroke

    iambroke Well-Known Member

    Re: Re: Unauthorized Inquiry â?? Help

    I disputed 13 inquiries directly with the CRA's and Experian and Equifax removed ALL....TU you had to write to each individual company.

    So disputing them thru the CRA's does work.
     
  11. eriqnoodle

    eriqnoodle Well-Known Member

    I'm currently having the same problem with MBNA. I applied for credit and it resulted in 2 hard inquiries. I wrote them a letter directly, because TU will likely not allow me to dispute it without supplying information. I haven't recieved a response from MBNA. if they claim it is valid, not sure what I will do next.
     
  12. Denny

    Denny Well-Known Member

    I have the same question - if they claim it is valid - what we should do next?!!


    Denny
     
  13. dixidriftr

    dixidriftr Well-Known Member

    Here is the letter/ITS I sent off today for 2 unauthorized hards. This one got sent to the OC's registered agent. I would have sent it off to the executive offices if I knew the address.

    October 5, 2003



    Darned OC Bastards
    123 anywhere st.
    yachats OR, 94873



    Re: Notice of intent to pursue litigation for obtaining consumer reports without permissible purpose.



    To whom it may concern,


    I am in receipt of YOU BASTARDS. letter dated xxxxxxx xx, 2003 in response to my letter requesting to know the purpose of YOU BASTARDS. obtaining my Experian consumer report on xxxxx xx, 2003 and xxxxx xx, 2003.

    Both inquiries show as being â??hardâ? inferring that they were obtained in response to an application for credit. I have not applied for credit with YOU BASTARDS on or around the dates in question and per YOU BASTARDS own admission of being unable to determine what the inquiries in question were made for, I am therefore assuming that YOU BASTARDS had no permissible purpose in obtaining my consumer reports.

    The penalties for obtaining a consumer report under false pretenses or without permissible purpose per the Fair Credit Reporting Act are:

    â??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 greaterâ?

    Litigation is both a time consuming and expensive endeavor for all parties involved. Therefore as a courtesy on my behalf, I would like to present YOU BASTARDS an opportunity to resolve this matter before resorting to the courts

    Upon my receipt in the amount $2000.00 ($1,000.00 for each inquiry made without permissible purpose) and removal of all entries placed on my consumer reports by YOU BASTARDS I will consider the matter to be closed and settled.

    Should YOU BASTARDS fail to remit said monies and remove the entries on my consumer reports within 14 days of the tracked and confirmed delivery of this letter, I will be forced to pursue litigation to recover statutory damages as provided by law. In addition, I will also be seeking to recover court costs and applicable attorney fees should I retain one during the pendency of the action.

    I hope that YOU BASTARDS will consider my offer carefully and I look forward to an amicable resolution in these matters.


    Sincerely,

    DIXIEDRIFTER
     

Share This Page