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Response to my inquiry letter


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I sent Discover Fin. Serv. a letter requesting removal of an inquiry.. I got a letter back saying they have no record of any inquiry within the last 2 years. They said I should sent a copy of their letter(which i will do) to the CR and request It be removed.

The letter also said that I must dipute any inquiries with the CR agencies not the companies that made the inquiries and they included the name and numbers of the three.

I sent letters to the companies.. should i know send disputes to all the cr's. One says one thing, and the other says something else.:(

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I have had no luck whatsoever getting inquiries removed. The couple that responded (of a dozen or so) claimed to be doing "account reviews" for some delinquency which was already disputed and removed as not mine. They offered no proof, just said "yeah, we did it, too bad for you" basically. I'd sent disputes to the CRA's and they won't remove inquiries either. It seems that even though the law says inquiries are only allowed when I've authorized it, this doesn't seem to be the case in practice.

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I have had a little tiny bit of luck with getting inquiries removed, but not as much as I would like. My scores are pretty much ok now, but I am going to sue these people anyway, because their sheer arrogance just pisses me off!

Here is a long story for you:

I went to buy a car last year, and the dealer shopped my loan all over town. I twice disputed the many resulting inquiries with both the inquirers and the CRAs and got nowhere -- the few who even bothered to reply at all basically took the position that I must be an idiot if I didn't know that the dealer could send my application wherever the hell they wanted to, and they didn't need my permission to do it.

Then I found an opinion letter on the FTC site that was tailor made for my situation, and I quote:

"However, in order for the additional creditors to whom your client forwards the loan application to have a permissible purpose to obtain a consumer report, the potential credit transaction must be initiated by the consumer. For this reason, the Commentary notes that a lender may forward a loan application to another lender at the consumer's request. Accordingly, your client must obtain the consumer's consent prior to forwarding such information to additional lenders." ( I think I need to see if I can find the Commentary that was mentioned -- that sucker could be a goldmine!)

So I wrote another letter to all the inquirers and enclosed a copy of the opinion letter. I also advised them that they were in violation of the FCRA and that I intended to sue them if they didn't comply with my request. None of the buttheads bothered to answer AGAIN! This is three letters now, and nothing but silence.

So then I filed complaints with the BBB, based on the fact that none of these companies would respond to me. Here is a letter the BBB forwarded to me:

Dear Ms. Morgan,

I am in receipt of your letter dated August 19, 2002. This matter has been forwarded to me to review and respond on behalf of the Executive Office of Kia Financial Services. I appreciate the opportunity to address

Ms. Herauntsis' concerns.

I deeply regret Ms. Herauntsis' disappointment regarding the information currently being reported to her credit file. Kia Financial Services is very concerned about any source of consumer dissatisfaction. I understand how this issue has made Ms. Herauntsis feel, and I apologize for any inconvenience she might have experienced as a result of this matter.

The receipt of an applicant's informations from a dealership serves as authorization to request and review the potential customer's credit history. I regret any misunderstanding that occurred between Ms. Herauntsis and the dealership regarding the submission of her application. Unfortunately, we are unable to remove this inquiry from Ms. Herauntsis' credit file.

Thank you for bringing Ms. Herauntsis' concerns to my attention. I regret that I cannot be of any additional assistance in this matter.

Sincerely,

Lying Sack of S**t

Executive Assistant

What a load of crap! I didn't know whether to laugh or blow up. So I fired off this letter:

Dear Lying Sack of S**t,

Please see enclosed copy of your letter to the Better Business Bureau regarding the complaint I filed with them. I must take issue with several statements you made.

First, I am not disappointed, I am angry. Second, if it is true that “Kia Financial Services is very concerned about any source of consumer dissatisfaction,” then why did I not receive a single answer to any of the three letters I sent to the company? They were sent certified mail, and I am in possession of the green cards showing that they were delivered and signed for. Why did I have to file a complaint with the BBB to get any response at all? Why have I still not received any kind of direct communication from you regarding this matter? I fail to see how your handling of this situation constitutes concern about consumer dissatisfaction; perhaps you would care to enlighten me.

Third, you do not understand how I feel, as evidenced by the fact that you confuse anger with disappointment. I appreciate your apology, but it doesn’t do me much good; since I have been trying to resolve this for over four months without any help from you, at this point an apology is too little, way too late.

Fourth, the legal staff of the Federal Trade Commission begs to differ with you; “the receipt of an applicant’s information from a dealership” certainly does not serve “as authorization to request and review the potential customer’s credit history,” please see enclosed opinion letter. I did not request the dealership to forward a loan application to you, nor did they have my permission to do so, therefore you did not have a permissible purpose under the FCRA to obtain a consumer report on me.

Fifth, it is indeed unfortunate, but it is not that you are unable, it is that you are unwilling to remove this inquiry from my credit file, and I think that is an important distinction. For a company that purports to be “very concerned about any source of consumer dissatisfaction,” you are remarkably unresponsive and unhelpful.

The FCRA provides for civil remedies for violations; I fear that I have no other option than to file suit against you. I had hoped that I wouldn’t have to; your company has proven to be so obdurate that I can’t see what else to do. So be it.

Bite me,

Herauntsis

I enclosed a copy of the FTC opinion letter, and I also copied the BBB, just so that they could see what a bunch of BS the guy was trying to feed them.

My next step will be to file suit. I have had it up to here with the flagrant disregard for both the law and common courtesy that these people show.

Sorry for the long post, I needed to vent. Thanks to all you folks for being here to listen and help.

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Been writing letters and filing complaints and working my big butt off. :D

Thanks for the feedback guys -- I was trying to hit just the right note of sarcasm and at the same time make it clear that I knew what I was talking about, but I can never tell with my own writing whether I have accomplished what I meant to. I am very happy to hear that I got it just right.

I am scheduled for some surgery at the end of September, so I am thinking that during my recovery period, I might be spending a lot of time down at the small claims court. :D Does anyone have any idea how long it takes from the time you file to get a court date? I guess it depends on where; I am in Orange County, California. I want to try to time it for when I am off work, and I don't know if I should go ahead and file now, or wait a bit. Any ideas?

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Look at California Code of Civil Procedure section 473.5. I really can't answer your question without more facts, but I think the section is pretty clear. Be careful to distinguish between service of the summons and complaint, on the one hand, and service of the judgment, on the other hand.

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<blockquote>Originally posted by herauntsis

Been writing letters and filing complaints and working my big butt off. :D

Thanks for the feedback guys -- I was trying to hit just the right note of sarcasm and at the same time make it clear that I knew what I was talking about, but I can never tell with my own writing whether I have accomplished what I meant to. I am very happy to hear that I got it just right.

I am scheduled for some surgery at the end of September, so I am thinking that during my recovery period, I might be spending a lot of time down at the small claims court. :D Does anyone have any idea how long it takes from the time you file to get a court date? I guess it depends on where; I am in Orange County, California. I want to try to time it for when I am off work, and I don't know if I should go ahead and file now, or wait a bit. Any ideas?

</blockquote>

Personally, I would file now. Knowing Orange County, they will take forever...lol. I'm in Lakewood right now, but we hope to be moving back that direction soon. Everything in Orange County takes forever, espically if your going to go to Santa Ana :upsidown:

Andi

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Thanks for the tips. I will do my homework this weekend and file next week. Calawyer, thanks so much -- I went to Nolo's website and ordered a couple of books, and also checked out that other website. There is a bunch of good stuff on both sites that I didn't have time to read last night, will immerse myself in small claims lore this weekend.

This is such a cool thing -- all of us gathered in a community to help one another. There is so much knowledge and willingness to help here. I bow to Admin for all the work she does, and to Admin and all the rest of you for always being willing to listen and assist. You guys ROCK!!!!! :D

Geeze, maybe the CRAs should send their people here for training -- knowledge and helpfulness, what exciting new concepts for them, lol. :upsidown:

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