The other day I checked my Experian report (yes, this IS why we check our reports) and saw that my score had dropped 6 points. I checked further and found an unauthorized hard inquiry. (It was from a branch of a company whose card I carry) I called their credit bureau division and received an immediate apology, promised deletion and copy of a letter they faxed to Experian explaining that they had run my credit without authorization. Assuming that Experian follows through, and this inquiry immediately comes off my credit, do I let it go? I am not willing to actually go to small claim's court, but was thinking of sending a letter. If the inquiry is immediately deleted, am I still entitled to damages?
I'm no expert, but I would say if you didn't get denied anything, or get approved w/ higher interest rate due to this, and they fix it right away, I would just let it go. Especially if they fix it right away. Choose your battles wisely, and there is a much bigger dragon out there waiting to be slain. This one is small potatoes. JMHO!
That is what I was thinking Love. However they haven't corrected yet. How long should I give them?? It drives me crazy that things like this happen and 95% of people would never even have a clue that it hurt their score. They had absolutely no explanation, btw, for why they ran my credit. I have a perfect record with them. Perhaps they meant do only do a promotional? (A soft inquiry was run at the same time) What is a fair amount of time for them to correct this?
I would give it a week before pushing it, a few days for them to reay the info to the CRA, a few days for the CRA to change it in their system.
well... here's the rub. If you have an ongoing relationship with this bank then they actually do (as a bank) have permissible purpose any time any where... but it sounds like they may have a rogue employee who pulled your info and that's different.. I'd start worrying about id fraud... did they give you an explanation as to why it got pulled???????
If you have a Citi card, is it OK for ATT Universal to run your credit? I wouldn't think so. (It was a different bank, but a comparable relationship-- the names have been changed to protect the guilty I am concerned about fraud and will watch my reports like a hawk for any suspicious activity. I also wonder if the courts would really care how quickly a non-permissable inquiry is removed in their consideration of a fine. Anyone could fraudulently run your credit and then say "oops" when you catch them and quickly delete the inquiry with no penalty. That doesn't seem fair. I still don't plan on pursuing this unless the inquiry stays on there. Then I am going to get really testy.
Marie-- In their letter to me they flat-out admitted that they had no permissable purpose. They've been nice, so I'm only blowing off steam (unless it stays on there.) I agree about choosing our battles and that this isn't a major call to arms. However, it worries me (because of potential fraud) and irks me (if it was done with arrogant disregard of the rules and its impact on my score) I guarantee you that none of us could run someone's credit *accidentally* and get away with it.
I agree. I think ALL inquiries should remain, as dictated by law, whether permisible or not, but they should be viewable only by the consumer. Someone could just as easily pull your report and have the inquiry deleted and you NEVER find out about it. As for what you should do, if they have acted in good faith, and follow through, I wouldn't be bothered by it. But if it happens again, sue them for all you can )
Calypso - I'm in a similar situation right now as well. Nationwide insurance pulled a hard inquiry to send me an insurance quote that I never asked for. I called them immediately and asked about it. They said they'd have to send me a form to fill out. Once I send it in, they'll have it removed. Sounds like a bunch of crap to me, but I'll just wait a little while and see what happens. K
Here is some food for thought.... What if a bank pulled a hard inquiry after the account had been closed for several years. You complained ALOT. They ignored you. You filed suit. They removed the inquiry as an act of "goodwill" (it is just that their conscience & goodwill only kicked in with the help of a summons) The suit is already filed. What do you do now? The end result is the same as pulling a hard inq and deleting it in good faith. The only difference is the amount of time it took them to do it. Just wondering.....
Plus the difference in interest rate you have paid those two years, and any denials you got as a result of that inquiry. How many people actually check their CR when they get a denial? (I mean NON-CreditNet'ters.) Seems you could indeed have actual damages. You certainly you have them firmly on negligence.
I think the attitude of "No Harm. No Foul" on violations of FCRA or FDCPA is wrong. I read over and over again where a CA or OC finally issues correct credit information only when on the courthouse steps, and then pleads that the case is without merit because the problem was fixed. To me, it is like robbing a bank, and then when caught handing the money back and claiming since you returned the money you should not get prosecuted for the crime. I get the impression the CA's and OC's think they can break the law all the time. If caught, they correct their mistake and the judges won't penalize them. That is BS. If an OC pulled a report illegally, they will remember not to do such a thing again if they have to pay $1000 for it. THAT was the intent of Congress when they passed these laws. These fines aren't just for those who refuse to rectify mistakes. So I'd say sue the bastards. They broke the law. End of story. Removing the inquiery doesn't undo the fact that someone at their company has personal information of yours that was illegally obtained and that they were never intitled to.
Point welll taken. Hadn't thought of it like that before. Hopefully the judge will see it in this light as well. I would like to steal that analogy, Cable666. I am the person who must try their first Small Claims Lawsuit in front of a jury!! (i posted another thread about this a couple of days ago). I am going to use that analogy with the jury. Makes perfect sense to me!!! Thanks!
There are some great responses here. I am always amazed at the resources on this board. Ezperian confirmed to me this morning that the deletion "was in progress" and that the inquiry would be off my report by tomorrow. Isn't it amazing how fast things can happen when instigated on their end??
Isin't it funny though, how a bank can pull your report without permission, and maybe get sued.If you or I pulled someone else's report without permission we'd be facing criminal charges.
Removing the inquiery doesn't undo the fact that someone at their company has personal information of yours that was illegally obtained and that they were never intitled to. cable666 ============================================ Correct-but neither does paying $1000.oo.
Isin't it funny though, how a bank can pull your report without permission, and maybe get sued.If you or I pulled someone else's report without permission we'd be facing criminal charges. jr35 ================= Not really****We're not slipping any money under the table.
I settled with a CA ast week for $1000 plus my court costs after I sued them for $2000 for running my credit twice. One hard, one soft. I was planning on saying that the soft made my sensitive information available to those that otherwise would not have it. This makes it possible for someone to sell my information for money. Use it if you wish. I can give you supporting documents if you need them for court. I gave them 2 months after my first fax to them and they didn't remove it until I filed.
Here's what I would do if I were the judge; First of all your fine is NOT $1,000. It's somewhere between $100 and $1,000. I'd find in your favor because there clearly is a violation, and fine the Company $100 plus the $40 in court costs. You have far more important things to do than sue a company that is trying to do right by you, for a lousy $140.
