Sky Warner Posted December 14, 2002 Report Share Posted December 14, 2002 Well here is what has happened so far.I mailed Calvary(Cavalry)Investments back in Sept CMRR telling them to remove the inquiries they placed on my credit. Got NO response nothing nada zip.Sent the lawsuit, settlement offer letter on Dec 9, got a call on Dec 13.They wanted to know my account number, when I told them I had none and I thought it had to do with my husband they looked up his account. Of course they then said they would remove the inquiries right away.I asked them if they were going to offer me a settlement and the woman said"We arent going to pay you anything"So do you guys think I should go ahead and file the small claims?I gave them plenty of opportunity to remove the inquiries without a settlement and they wouldnt be bothered, NOW they want to do what I asked almost 3 months ago...I think they need to pay up..what do you all think???? Link to comment Share on other sites More sharing options...
georgiaboy Posted December 14, 2002 Report Share Posted December 14, 2002 IMO, i dont think there going to remove them.On the off chance they did remove them, id leave well enough alone, if your in this to repair your hubbys credit, then you have accomplished your task, but, on the other hand, if your in it to make money, all i can say is go for it. [Edit by georgiaboy on Saturday, December 14, 2002 @ 09:34 AM] Link to comment Share on other sites More sharing options...
admin Posted December 16, 2002 Report Share Posted December 16, 2002 Yes, it's only when they are acting like petulant children (refusing to remove illegal inquiries) that you want to press for $$'s. Link to comment Share on other sites More sharing options...
Sky Warner Posted January 10, 2003 Author Report Share Posted January 10, 2003 UPDATE!!!!!!Well the a&&munches called me today and asked me to fax them my reports and I did.Ready for this??They said OH..those are inquiries ((WELL NO DUH>> CANT YOU READ?)) and we wont remove those. They aren't HURTING YOU.. they will fall off in 6 months anyway.I have been super busy with my new job and stuff so I havent been keeping up on things. But I will be going to file my small claims tomorrowIm suing for the total 3000 and removal of inquiries and court fees.Lets see what they do then eh? Link to comment Share on other sites More sharing options...
kb9tbq Posted January 10, 2003 Report Share Posted January 10, 2003 If your husband incurred the bill while you were married, often times CA's will pull credit reports on both spouses for collection efforts. If this is not the case, that he got the expense before marriage, than they have no reason to touch your credit report. Not saying that it is right, but as I understand it, this is there methods for trying to collect. Link to comment Share on other sites More sharing options...
Sky Warner Posted January 10, 2003 Author Report Share Posted January 10, 2003 We were married but the account is in his name only. The FCRA does not allow people to pull my credit to do something about the husband.. it specifically states OF THE CONSUMER.I have talked to an attorney and they said its a done deal,I have themJust gotta file small claims Link to comment Share on other sites More sharing options...
kb9tbq Posted January 10, 2003 Report Share Posted January 10, 2003 I am not so sure of this, have heard from people calling just about this same issue, if you are married they will view you as responsible for the said debt. Would be worth checking into marriage laws to find out the answer for sure, may differ from state to state. Link to comment Share on other sites More sharing options...
Sky Warner Posted January 10, 2003 Author Report Share Posted January 10, 2003 Already did that.Indiana is not a community property not joint debtor state. whats his is his, whats mine is mine. plain and simple Link to comment Share on other sites More sharing options...
kb9tbq Posted January 10, 2003 Report Share Posted January 10, 2003 Well, this is definatly out of my area of knowledge - good luck on your case. And if so - I would be mad that they said "it didn't hurt you & would come off in 6 months" how stupid can these people be. Other crediors see them inquiries & know what type of business pulled them. I happen to be in Illinois & know CA's to activly go after spouses all the time. Good Luck Link to comment Share on other sites More sharing options...
Sky Warner Posted January 10, 2003 Author Report Share Posted January 10, 2003 And another thing is.. how did they get my SSN #???Im not on the loan with him..where did it come from?How can they pull my credit and not have any record of it?Eh..who cares.. I want my 3 grand Link to comment Share on other sites More sharing options...
cookiemnster Posted January 10, 2003 Report Share Posted January 10, 2003 <blockquote>Originally posted by SakiawarnerAnd another thing is.. how did they get my SSN #???Im not on the loan with him..where did it come from?How can they pull my credit and not have any record of it?Eh..who cares.. I want my 3 grand </blockquote>They don't need your SSN to pull your credit. Just name and address. I think it's possible to just put in last name and address and see if there's a match, but the site where I read that is really old. Don't know how verifiable it is.At any rate, go get 'em! Let us know how it turns out. Link to comment Share on other sites More sharing options...
kb9tbq Posted January 10, 2003 Report Share Posted January 10, 2003 They can put in pulling just by name & address, to get your credit report. They may have pulled a joint credit report as the same time as your husband, making it easier to pull you info in on the credit report.Would there have been a section in the loan agreement that asked for references, or next of kin? Or - when they pulled his credit report - you may have been listed as his spouse from another creditor adding to the CRA's info they had on file. Link to comment Share on other sites More sharing options...
Anonymous Posted January 31, 2003 Report Share Posted January 31, 2003 Pammila (kb9tbq),Where is it in the FCRA/FDCPA stated that OC or CA have the right to pull a spouse's credit report when the spouse is not liable? Are you serious about your statement that it is normal practice for CA's to pull joint report even when a spouse did not sign anything? When I married my husband, I don't recall ever signing any paper that says that I agree to be liable for anything he signs for. Don't you think this is abusive and illegal practice? When a spouse (who did not sign) decide to dispute the entries, what possible supporting document could a CA present to show that they have "permissible purpose"??-------------------- Link to comment Share on other sites More sharing options...
LadynRed Posted January 31, 2003 Report Share Posted January 31, 2003 I agree.. unless you're in a community property state, there is NO permissable purpose for anyone to pull a credit report on a non-signatory spouse !!! There are only 11 community property states. IL is NOT one of them btw, so there's nothing legal about anyone there pulling a spouses CR if that spouse is not a co-signer. I'd have them in court so fast it would make their heads spin around !!! Link to comment Share on other sites More sharing options...
troubledconsumer Posted March 30, 2003 Report Share Posted March 30, 2003 what exactly is the meaning of a community property state?and which states fall under these laws?thank you in advance for any response Link to comment Share on other sites More sharing options...
kb9tbq Posted March 30, 2003 Report Share Posted March 30, 2003 I know that happens in this state - the collection agencies do go after spouses here; I don't know why; just know that they do.Think when I notice these cases the most is when one spouse will file bankruptcy and all of a sudden they go after the other. Same thing with minors having bills directed to them when they were not old enough to pay - see these all the time; the parents filed bankrutpcy but the medical provider has the collection company going after minors for payment & also reporting on their credit reports.It is messed up; I tell people disputing these deals to go after the medical provider; then deal with the collection agency second.[Edit by kb9tbq on Sunday, March 30, 2003 @ 07:57 AM] Link to comment Share on other sites More sharing options...
Sky Warner Posted March 30, 2003 Author Report Share Posted March 30, 2003 A joint debtors state or community property state means that what one spouse does basically the other spouse is responsible for because they are married.A state that is NOT joint debt or community property is one that the spouse CANNOT be held responsible for the debts of the other party... of course sometimes there are exceptions Link to comment Share on other sites More sharing options...
troubledconsumer Posted March 30, 2003 Report Share Posted March 30, 2003 even if the debt started before the people were married?what states are community property states? Link to comment Share on other sites More sharing options...
Anonymous Posted April 9, 2003 Report Share Posted April 9, 2003 Sakia,Is Calvary a CA or OC? I'm getting ready to fire off letters to ask Nationwide and URS (CAs for Amex) to remove their inquiries, because the basis for their inquiry into my credit is an account that does not belong to me (thus, they have no permissible purpose to pull my credit report). On the "Sue Creditors and CAs" link, I only saw the following with regard to lawsuit on inquiries:"Creditors - if they pull your credit file without permissible purpose Injury to your credit report and credit score - FCRA Section 604 (A)(3) - $1000"Does this also apply to CAs? If not, is there something in the FDCPA that address this or are CAs pretty much free to pull credit reports without permissible purpose?--------------------------------------------- Link to comment Share on other sites More sharing options...
Sky Warner Posted April 10, 2003 Author Report Share Posted April 10, 2003 Cavalry is a CA.. they buy bad debts for around 2-2.5 cents on the dollar.. they say so on their website.They have offices in AZ, OK and NYThey are bad bad boys Link to comment Share on other sites More sharing options...
kb9tbq Posted April 15, 2003 Report Share Posted April 15, 2003 <blockquote>Originally posted by SakiawarnerAlready did that.Indiana is not a community property not joint debtor state. whats his is his, whats mine is mine. plain and simpleThere is a difference - collections for this part don't have anything to do with the community property law. The collection agencies are going after Medical; utility; and rent as a family expense shared expenses within the family no matter who's name is on the bill.Believe the community property - is saying that if you live with a person long enough they will consider two unmarried people to be the equivalant as a married couple. This gets into the side of saying who has a right to walk away with what should the unmarried party decide to seperate (just like a divorce - seperating assets). Also think it is affecting who gets covered or paid on life insurance polices - where before only married couple could cover each other. I really don't know too much on this; but so far following the new laws recently opened up for same sex couples and also straight couples whom are not married (to extend their rights). I could be wrong though, or just referring to the wrong thing all together.</blockquote> Link to comment Share on other sites More sharing options...
Sky Warner Posted April 15, 2003 Author Report Share Posted April 15, 2003 Well I am sure that is true BUT in the instance of pulling a credit report because the other person owes.. the Feds say ya cant do it.It's one of those things that they put in there "the account OF THE CONSUMER" not the consumers wife or family member.I understand they could TRY to come after me for the balance but would have a hard time in court making me pay.Besides.. the jerks never showed in court and I got the default judgment against them.. I am merely waiting the 30 days to see what happens now. Link to comment Share on other sites More sharing options...
kb9tbq Posted April 15, 2003 Report Share Posted April 15, 2003 Way to go on a default judgment against them. Hope all works out. Link to comment Share on other sites More sharing options...
Anonymous Posted April 17, 2003 Report Share Posted April 17, 2003 Sakia,Questions...(1) Did you sign your letters when you asked Cavalry to remove their unauthorized inquiries?(2) Did you include your SSN or just your full name and address?I'm about to send out 6 letters requesting inquiries removal. One CA pulled my credit report 6 times in the past 24 months, another 2 times, and the rest just one each. I don't really want to sign any of the letters if I don't have to, because these letters are going to companies with questionable character. Also, should I include a copy of the page(s) in my CR listing the inquiries?I'm almost hoping that they don't take them out within the allowable time (is 30 days enough?). I sure can use $12K. [Edit by businessdebt on Thursday, April 17, 2003 @ 12:17 AM] Link to comment Share on other sites More sharing options...
Sky Warner Posted April 17, 2003 Author Report Share Posted April 17, 2003 I never sign my name.. only Inititals and I do it very different from how I normally sign my initials.I did put my SSN# on there and I did send copies of my credit reports with everything blacked out but their inquiries.I sent them a letter giving them 30 days to remove. THEN I sent an intent to sue letter with an offer for settlement.Then I sued and I gave them even longer than the time I told them I would take.Of course they are still fighting it but hey.. let em bring it on.. I am ready for them :D Link to comment Share on other sites More sharing options...
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