Inquaries - how can I force cr to investigate

[Anonymous]

I have been sending letters to TR and EQ for past 3 montrhs and they keep telling me sorry we cannot investigate the inquary - what to do know ? I'm bit confused they ask me to contact orignal company regarding this matter -

Do I have a case here ? does anyone have a sample intent to sue letter for remove inquaries ?

thx

[alaskan]

There are four primary categories of information contained in each type of credit report:

Inquiries

A credit report's inquiries section includes a listing of all parties who have requested a copy of your credit report. Your rights to privacy are protected by the Fair Credit Reporting Act (FCRA), and therefore only inquiries from those entities with a permissible purpose are granted access to your report.

Inquiries that do not appear on the business version of your credit report are promotional inquiries or account management inquiries. Both promotional and account management inquiries are not counted as official inquiries.

Promotional Inquiries

Vendors query our database based on a set of parameters and receive mailing address information for individuals matching their criteria. These vendors are not viewing your report. They just want to give people who meet their parameters a firm offer of credit or insurance.

Account Management Inquiries

Credit grantors who have permission to review the credit reports of their accountholders may do so on a periodic basis. These are not counted as official inquiries.

Basically the ones you need worry about are "Joint Inquiries" on TU reports, and

PRM, AM, AR, INQ, EQUIFAX, ACIS and UPDATE inquiries do not show on credit files that businesses receive, only on copies provided to you, for EQ

But if it is a hard credit inquiry you have a right to know who made it. Only those you give permission to may view your report, otherwise it's a violation of the FCRA.

[Anonymous]

I have a different view. The prior post is, IMO, an ideal world.

I saw a hard inquiry on my EQ report. I knew the listed company is a local apartment management outfit. Since I have NOT applied for an apartment, I wrote to the pres. and informed him they had no permissable purpose to obtain my reports.

I was contacted by the credit manager, who informed me they did not request nor receive my report. They did order and receive a report on the given date reported by EQ, but it was for another individual. She said they could not delete the inquiry, for they did not pull one for me.

I wrote to EQ, who sent me the ole INQUIRIES ARE A MATTER OF RECORD OF ALL COMPANIES THAT HAVE ACCESSED YOUR CREDIT FILE. Thank you for giving Equifax the opportunity to serve you. HA!

My reply to EQ reminded them that FCRA section 611 requires the CRAs to reinvestigate "any item of information" contained in a consumer's file that is "disputed by the consumer" as to completeness or accuracy.

I also demanded they send me the procedures they used to keep credit activities of other individuals from being placed and then remaining on my report.

The inquiry was gone a week later.

I did not threaten to sue (that would be another round).

[Anonymous]

Alaskan,

I'm a newbie in this credit repair business and was interested in your post. I am in the process of settlement with three assigned collection agencies and for the past 12 months, I have been receiving inquiries almost on a monthly basis from each of the collection agencies. They are hard inquiries as they all show in my credit report and needless to say my credit is gravely affected by them. From your posting, it would seem that these should show as "ACCOUNT MANAGEMENT" inquiries and thus not affect my credit rating. Am I wrong? Is there anything I can do to remove these inquiries?

Thanks in advance.

[kb9tbq]

Sorry - the collection companies have purmissable purpose to pull credit reports on you (causing the inquiries to be added), they don't need your authorization since you owe money.

[alaskan]

It would seem that section (604)-(F) of the FCRA allows them to inquire, but it should only be for account management. Could you post how it shows on your report.

I think we need to take this up in the collections section of this board.

[Edit by alaskan on Tuesday, December 31, 2002 @ 10:14 PM]

[Anonymous]

Alaskan,

I just rechecked my credit report in Equifax. Two out of the three collection agencies posted the inquiry as something like this:

10/30/2002 Nationwide Credit Inc.

10/23/2002 Nationwide Credit Inc.

10/23/2002 Risk Management Alternatives

10/18/2002 Nationwide Credit Inc.

I found that the third one was not posted by a collection agency. Rather, it was posted by the original creditor, like this:

07/15/2002 AR-Capital One

By the way, the dates for Nationwide Credit Inc. above are listed exactly as they appear in my credit report. They pulled 3 reports in one month and each one shows up in my credit report!!! They have also pulled 4 more reports prior to Oct. I haven't checked if they have pulled more after Oct.

Do you think I can send them a letter requesting either (1) to remove them or (2) to list them as "Account Management" inquiries as they are in fact making these inquiries for an already existing account? Or, am I pretty much SOL and should just wait 2 more years until they're all dropped off?

Thanks in advance.

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[Edit by businessdebt on Thursday, January 2, 2003 @ 04:21 PM]

[Wyndo]

kb9tbq - My understanding is what you said only applies *if* it's a valid debt. I have multiple inquiries from "collectors" on accounts I don't owe (the "collections" don't even appear on my credit report, due to the inability of the collectors to validate it). If the "debt" can't even be proved, how can their inquiry have a permissible purpose?

I have a lawyer for my CRA problems now. He seems to think I have a good case, and I just sent copies of my info regarding TU's refusal to investigate inquiries. I'm waiting now to find out how we're going to proceed from here.

[Anonymous]

Wyndo,

I agree with you. I am new in this credit repair business, and some of these things don't make sense to me. In my case, IF Nationwide and RMA do have "permissible purposes" because they are assigned collection agencies for two accounts that I have, why won't their inquiries fall under "Account Management" since we are in fact talking about existing accounts? It seems like double whammy to me. They can attack me from both (1) negative reporting and (2) inquiries. Am I missing something or do these collection agencies have implied rights to put hard inquiries in my credit report when my accounts were assigned to them? Is there nothing in the FCRA that regulates inquiries by collection agencies?

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[alaskan]

businessdebt, It looks like it is legal but very abusive. If you signed a payment agreement with them read everything on it. They may have something in there where they can monitor you although I would think that a hard inquiry would mean that you are asking for more credit or an extension of your present debt. I got this from thier web site:

Traditional collections for delinquent or charged-off accounts. This service offering includes all activities pertinent to achieving high recoveries, such as skip tracing, telephone and mail campaigns, and establishing and monitoring partial payment arrangements.

The CRA's and collection industries are under-regulated and to general. I would think that if the collection companys were required to have valid proof before they come after you would solve alot problems.

[Edit by alaskan on Thursday, January 2, 2003 @ 06:05 PM]

[kb9tbq]

<blockquote>Originally posted by Wyndo

kb9tbq - My understanding is what you said only applies *if* it's a valid debt. I have multiple inquiries from "collectors" on accounts I don't owe (the "collections" don't even appear on my credit report, due to the inability of the collectors to validate it). If the "debt" can't even be proved, how can their inquiry have a permissible purpose?

I have a lawyer for my CRA problems now. He seems to think I have a good case, and I just sent copies of my info regarding TU's refusal to investigate inquiries. I'm waiting now to find out how we're going to proceed from here.

</blockquote>

ok - see what I can do to walk you through this side of reporting. I have always told people to dispute inquiries, but not for the purpose of deleting. Was always for the consumer to chase down contact info to get an accounting directly from the company that pulled the credit report on them & why. This way to find out if they have been a victim of ID Theft, that they could have leads to locate and prosecute the person running amuck with their credit.

I have never viewed the inquiries as being able to be deleted, because this is just a factual track record of who in the last 2 years accessed the credit report.

I know this is two fold - since inquiries affect the credit score. And in your case you disputed to remove tradelines associated w/ the companies in question than you were still stuck w/ the inquires.

Honestly at this time, I am not sure how to answer your questions, BUT I will check with our affiliate or directly w/ my boss to get his views in the matter for you.

Will post answer Friday for you, Thanks

[Anonymous]

Alaskan,

Thanks for your reply. To answer your question, I have not signed any payment arrangements at all.

This Nationwide thing is kinda strange. The original creditor was Amex. Nationwide tried to collect from the company (as the debt was a corporate debt) on behalf of Amex, but failed as the company couldn't/can't pay. They then came after me for they claimed I signed a personal guaranty. I then decided to hire an attorney to handle these matters. When my attorney tried to establish contact, she was informed that the case has been transferred to a collections attorney by Amex. The matter is still pending right now, so I haven't signed any payment arrangements or any papers okay-ing them to "monitor" me. It's been 6 months now since my attorney began communications, yet Nationwide (not Amex or the collection attorney) is still pulling hard inquiries on my report regularly.

I'm going to check with my attorney if we're at all dealing with Nationwide. If we're not, I don't think Nationwide should be able to pull ANY type of inquiries... hard or soft, and I may have a case if they're not willing to remove them.

Thanks again for your input.

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[Edit by businessdebt on Thursday, January 2, 2003 @ 07:21 PM]

[georgiaboy]

ok - see what I can do to walk you through this side of reporting. I have always told people to dispute inquiries, but not for the purpose of deleting. Was always for the consumer to chase down contact info to get an accounting directly from the company that pulled the credit report on them & why. This way to find out if they have been a victim of ID Theft, that they could have leads to locate and prosecute the person running amuck with their credit.

I have never viewed the inquiries as being able to be deleted, because this is just a factual track record of who in the last 2 years accessed the credit report.

I know this is two fold - since inquiries affect the credit score. And in your case you disputed to remove tradelines associated w/ the companies in question than you were still stuck w/ the inquires.

Honestly at this time, I am not sure how to answer your questions, BUT I will check with our affiliate or directly w/ my boss to get his views in the matter for you.

Will post answer Friday for you, Thanks

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Pammila

Pammila, Some of your answers sound alot like one would here from a CRA or a CA,, Are you employed by any of these folks?

[kb9tbq]

Yes, I am w/ a credit bureau (reseller). So I have access to screen questions you may have on credit reporting. Sometimes I get a little backwards with the views here, but I do help people on a regular basis to know what works on my side.

[georgiaboy]

Pammilla, Thanks for your response, glad to know there are a few honest folks that work in the CRAs lol

[IrishEyes]

OMG! I have the same problem with Nationwide Credit and my Amex charge off. They are not listing on my CR and keep pulling hard inquiries on DH's reports. I just noticed one on mine too, and can't remember if I was an AU on that account.

What was the conclusion to this, if they are not reporting on CR, can they pull a hard or soft for that matter. Can they pull on me if I was AU (definetely not joint as mailings are in DH name only)- as I would not be responsible for the debt as an AU.

Anyone have any further info or links to search? Thanks

[Anonymous]

IrishEyes,

I'm still considerably new in this arena, but IMHO, If you were an AU, then I don't think you would be liable. That's why they bother to make the differentiation between AU and joint owner. Joint owner = liable, AU = not liable.

Some years ago, my DH was an AU in one of his mother's CC. Everytime a payment is late, they would call him to collect. He ignored them for a while, but after it became disruptive to our lives, he called them up and cleared with them that he was only an AU and that they should not be calling him. They checked, and after finding out that he was right, they apologized for calling him, and never called again.

So, if I were you, I would dispute any listing or inquiries in your credit report relating to the account. I think, they don't have permissible purpose to pull your credit as you're not liable for the debt. Do it quickly!

If it turns out that they have the documentation that proves that you are liable, according to Pammila (see her posting above), collection agencies such as Nationwide do have 'permissible purpose' to pull hard inquiries. Like Alaskan said, it's 'abusive', but it seems that they're within their rights to do so.

In my case, however, Nationwide is no longer the assigned collector for the debt (since July, the case had been assigned to collection attorneys). Yet, since my last posting, they had pulled another one in December! AMEX's attorneys don't seem to think that Nationwide should be doing that now that the case is no longer assigned to them. I'm going to ask my attorney to fire off a request to Nationwide to remove and stop their inquiries. Will keep the board posted.

Admin,

9 1/2 stars? For me? Cool!! I'll be sure to contribute regularly from what I learned from my experience. By the way, I am forever indebted to this board and the Credit Info Center. Knowing MY rights took my fear away and gave me the ammunition to deal with creditors. Thanks to all!

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