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Non-Permissible Pull Case


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I have 9 non-permissible pulls on my credit report after I filed bankruptcy 2/02 by a real estate company pulling "on behalf" of the company that held my 2nd. mortgage. I know I have them concerned (the mtg co), as they just called on Friday to state they will get the inquiries removed as soon as possible, even though they don't know "who" this company is that pulled on their "behalf" (yeah right) - anyway, having a terrible time finding an attorney in California who handles this type of case....any recommendations and do you think this is a slam-dunk case? I also have a credit rejection letter stating in my denial was due in part because of "too many credit inquiries"....I want to sue for the $2,500.00 per pull and damages....I've already sent a crrr letter to the mtg company demanding deletion and for them to forward a check in the amount of 15k by 4/5/03. I also have send a complaint to the BBB. Now I really want an attorney to handle the negotiation on the actual settlement on this case....help please!!!

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You should only file for 1000 per credit pull and then add an additional amount on as punitive damages for the loss of your mortgage or refi-.

DO it iun small claims if possible, if not start calling around and asking for attorneys who might handle this type of case. At some point you will find someone.

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I have had 2 of these pulls through someone else. The letters that I recieved from them states this: We are not a collection agency we are a credit reporting bureau. We pulled your CR for xyz mortgage co. You need to contact them directly. If you dispute this CI, you can fill out a dispute form and add 100 word statement to your CR. We do not remove these inquiries as they are a statement of fact.

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You need to fight it...I have Wells Fargo nervous at this point. Even the credit bureau agreed it was impermissible and deleted 4 of the 6 the other day. (I of course have hard copies of when they were all listed) - they have been on my report for the last year so I am going to sue!

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Hi Disneydixie! I sent an ITS letter to Wells Fargo for 2 hard inquiries for me and 2 for my husband - 6 weeks AFTER we closed on our mortgage! I included small claims papers filled out for both of us (I haven't filed them yet). Their agent in Illinois signed for them Monday. I'm waiting for a response. What did Wells Fargo do to you?

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<blockquote>Originally posted by disneydixie

I'm in California...it's $2,500 per pull here....

</blockquote>

Only if you can find the actual person who did the pull.

If not, it's $5000 against a corporation. From http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1785.30-1785.36

1785.31. (a) Any consumer who suffers damages as a result of a

violation of this title by any person may bring an action in a court of appropriate jurisdiction against that person to recover the following:

(1) In the case of a negligent violation, actual damages,

including court costs, loss of wages, attorney's fees and, when

applicable, pain and suffering.

(2) In the case of a willful violation:

(A) Actual damages as set forth in paragraph (1) above:

(B) Punitive damages of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each violation as the court deems proper;

© Any other relief that the court deems proper.

(3) In the case of liability of a natural person for obtaining a consumer credit report under false pretenses or knowingly without a permissible purpose, an award of actual damages pursuant to paragraph (1) or subparagraph (A) of paragraph (2) shall be in an amount of not less than two thousand five hundred dollars ($2,500).

(B) Injunctive relief shall be available to any consumer aggrieved by a violation or a threatened violation of this title whether or not the consumer seeks any other remedy under this section.

© Notwithstanding any other provision of this section, any

person who willfully violates any requirement imposed under this

title may be liable for punitive damages in the case of a class

action, in an amount that the court may allow. In determining the

amount of award in any class action, the court shall consider among relevant factors the amount of any actual damages awarded, the frequency of the violations, the resources of the violator and the number of persons adversely affected.

(d) Except as provided in subdivision (e), the prevailing

plaintiffs in any action commenced under this section shall be

entitled to recover court costs and reasonable attorney's fees.

(e) If a plaintiff brings an action pursuant to this section

against a debt collector, as defined in subdivision © of Section

1788.2, and the basis for the action is related to the collection of a debt, whether issues relating to the debt collection are raised in the same or another proceeding, the debt collector shall be entitled to recover reasonable attorney's fees upon a finding by the court that the action was not brought in good faith.

(f) If a plaintiff only seeks and obtains injunctive relief to

compel compliance with this title, court costs and attorney's fees

shall be awarded pursuant to Section 1021.5 of the Code of Civil

Procedure.

(g) Nothing in this section is intended to affect remedies

available under Section 128.5 of the Code of Civil Procedure.

That "natural person" is an important phrase in the $2500 clause, because a corporation can be a "person" but it can't be a "natural person". A natural person is one like you and me, we eat, breathe, etc. A corporation doesnt. So you would have to fall back upon the (A)(2)(B) provision, which allows for up to $5000 in damages :)

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Hi Jackie,

If you read the first post on this thread you'll see the details on what we had happen...plus sooo much more...our reports are covered from end to end with errors and violations of verified disputes from the CRA's. I'm on the hunt for an attorney!

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