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Inquiries anyone had luck with creditors just removing w/ltr


workinninetofive
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anyone had luck with sending creditors letters or do they just ignore these?
My personal experience is that I haven't had much luck when I go to the original creditor to have an inquiry removed. I've had much better luck disputing with EQ and EX directly. TU won't budge on inquiries unless the original creditor sends a request to TU that the inquiry be removed. That being said, the only two inquiries I have left on TU are two in which there truly was no permissible purpose for the pulls. One is my current mortgage company (pulled my reports after I called and left a voicemail asking that they return my call regarding a very general question -- they should have known better!). My plan is to pester the heck out of these two companies until they get sick of me and contact TU to delete the darn things.
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I tried that method once...the intent was that I KNEW they weren't going to respond, and I was just going to sue all of them directly for putting inquiries on my report without permission and not dealing with the issue...

Never did get around to it though :(

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I tried that method once...the intent was that I KNEW they weren't going to respond, and I was just going to sue all of them directly for putting inquiries on my report without permission and not dealing with the issue...(
I would love to do that to my mortgage company (but, like you, probably never will). Ever since I discovered just how badly they bungled my settlements, partially because they just didn't care, I've had dreams of how I can make them "pay." Since I was already extremely peeved with my broker to begin with, to discover that he recently created hard inquiries across the board based on a simple voicemail message I left for him asking a question just about sent me over the edge. Small potatoes in the scheme of life...but I'm still peeved.
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I would have, I just never found the time--what with all my other lawsuits I had going against the bureaus, a couple of CA's, an OC, a computer company, etc. (I went a little bloodthirsty in the courts for a while :p ). The inquiry issue....it was one of those things I could never fully wrap my mind around and get into. All the other suits, I got myself all nice and angry, all worked up and outraged at how The Man was keeping me down...no matter how much I thought about the unauthorized inquiries, I just couldn't really get mad about them. No motivation, I guess.

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  • 1 month later...

I wrote all 3 CB and EX started deleting 3 inquiries immediately. The others are being investigated until 12/8. I am counting on these being deleted also. EQ did not respond at all and TU responded by sending me a letter explaining to me what an inquiry is. No **** TU, that's why I'm disputing it.

My next step? I will be sending a certified letter to both EQ and TU explaining that this is my second dispute and request for investigation into fraudulent inquiries on my credit report.

I will include item 611 in the FCRA (I've attached it below). They have to verify my requests. I'm listing approximately 20 inquiries to each. I will post my results.

-Cory

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(a) Reinvestigations of Disputed Information

(1) Reinvestigation Required

(A) In general. Subject to subsection (f), if the completeness or accuracy of any

item of information contained in a consumer's file at a consumer reporting

agency is disputed by the consumer and the consumer notifies the agency

directly, or indirectly through a reseller, of such dispute, the agency shall,

free of charge, conduct a reasonable reinvestigation to determine whether

the disputed information is inaccurate and record the current status of the

disputed information, or delete the item from the file in accordance with

paragraph (5), before the end of the 30-day period beginning on the date on

which the agency receives the notice of the dispute from the consumer or

reseller.

(B) Extension of period to reinvestigate. Except as provided in subparagraph

©, the 30-day period described in subparagraph (A) may be extended for

not more than 15 additional days if the consumer reporting agency receives

information from the consumer during that 30-day period that is relevant to

the reinvestigation.

© Limitations on extension of period to reinvestigate. Subparagraph (B) shall

not apply to any reinvestigation in which, during the 30-day period

47 July 30, 2004

described in subparagraph (A), the information that is the subject of the

reinvestigation is found to be inaccurate or incomplete or the consumer

reporting agency determines that the information cannot be verified.

(2) Prompt Notice of Dispute to Furnisher of Information

(A) In general. Before the expiration of the 5-business-day period beginning on

the date on which a consumer reporting agency receives notice of a dispute

from any consumer or a reseller in accordance with paragraph (1), the

agency shall provide notification of the dispute to any person who provided

any item of information in dispute, at the address and in the manner

established with the person. The notice shall include all relevant

information regarding the dispute that the agency has received from the

consumer or reseller.

(B) Provision of other information. The consumer reporting agency shall

promptly provide to the person who provided the information in dispute all

relevant information regarding the dispute that is received by the agency

from the consumer or the reseller after the period referred to in subparagraph

(A) and before the end of the period referred to in paragraph (1)(A).

(3) Determination That Dispute Is Frivolous or Irrelevant

(A) In general. Notwithstanding paragraph (1), a consumer reporting agency

may terminate a reinvestigation of information disputed by a consumer

under that paragraph if the agency reasonably determines that the dispute

by the consumer is frivolous or irrelevant, including by reason of a failure

by a consumer to provide sufficient information to investigate the disputed

information.

(B) Notice of determination. Upon making any determination in accordance

with subparagraph (A) that a dispute is frivolous or irrelevant, a consumer

reporting agency shall notify the consumer of such determination not later

than 5 business days after making such determination, by mail or, if

authorized by the consumer for that purpose, by any other means available

to the agency.

© Contents of notice. A notice under subparagraph (B) shall include

(i) the reasons for the determination under subparagraph (A); and

(ii) identification of any information required to investigate the disputed

information, which may consist of a standardized form describing the

general nature of such information.

(4) Consideration of consumer information. In conducting any reinvestigation under

paragraph (1) with respect to disputed information in the file of any consumer, the

consumer reporting agency shall review and consider all relevant information

submitted by the consumer in the period described in paragraph (1)(A) with

respect to such disputed information.

48 July 30, 2004

(5) Treatment of Inaccurate or Unverifiable Information

(A) In general. If, after any reinvestigation under paragraph (1) of any

information disputed by a consumer, an item of the information is found to

be inaccurate or incomplete or cannot be verified, the consumer reporting

agency shall–

(i) promptly delete that item of information from the file of the consumer,

or modify that item of information, as appropriate, based on the results

of the reinvestigation; and

(ii) promptly notify the furnisher of that information that the information

has been modified or deleted from the file of the consumer.

(B) Requirements Relating to Reinsertion of Previously Deleted Material

(i) Certification of accuracy of information. If any information is deleted

from a consumer's file pursuant to subparagraph (A), the information

may not be reinserted in the file by the consumer reporting agency

unless the person who furnishes the information certifies that the

information is complete and accurate.

(ii) Notice to consumer. If any information that has been deleted from a

consumer's file pursuant to subparagraph (A) is reinserted in the file, the

consumer reporting agency shall notify the consumer of the reinsertion

in writing not later than 5 business days after the reinsertion or, if

authorized by the consumer for that purpose, by any other means

available to the agency.

(iii) Additional information. As part of, or in addition to, the notice under

clause (ii), a consumer reporting agency shall provide to a consumer in

writing not later than 5 business days after the date of the reinsertion

(I) a statement that the disputed information has been reinserted;

(II) the business name and address of any furnisher of information

contacted and the telephone number of such furnisher, if reasonably

available, or of any furnisher of information that contacted the

consumer reporting agency, in connection with the reinsertion of

such information; and

(III) a notice that the consumer has the right to add a statement to the

consumer's file disputing the accuracy or completeness of the

disputed information.

© Procedures to prevent reappearance. A consumer reporting agency shall

maintain reasonable procedures designed to prevent the reappearance in a

consumer's file, and in consumer reports on the consumer, of information

that is deleted pursuant to this paragraph (other than information that is

reinserted in accordance with subparagraph (B)(i)).

49 July 30, 2004

(D) Automated reinvestigation system. Any consumer reporting agency that

compiles and maintains files on consumers on a nationwide basis shall

implement an automated system through which furnishers of information to

that consumer reporting agency may report the results of a reinvestigation

that finds incomplete or inaccurate information in a consumer's file to other

such consumer reporting agencies.

(6) Notice of Results of Reinvestigation

(A) In general. A consumer reporting agency shall provide written notice to a

consumer of the results of a reinvestigation under this subsection not later

than 5 business days after the completion of the reinvestigation, by mail or,

if authorized by the consumer for that purpose, by other means available to

the agency.

(B) Contents. As part of, or in addition to, the notice under subparagraph (A), a

consumer reporting agency shall provide to a consumer in writing before

the expiration of the 5-day period referred to in subparagraph (A)

(i) a statement that the reinvestigation is completed;

(ii) a consumer report that is based upon the consumer's file as that file

is revised as a result of the reinvestigation;

(iii) a notice that, if requested by the consumer, a description of the

procedure used to determine the accuracy and completeness of the

information shall be provided to the consumer by the agency,

including the business name and address of any furnisher of

information contacted in connection with such information and the

telephone number of such furnisher, if reasonably available;

(iv) a notice that the consumer has the right to add a statement to the

consumer's file disputing the accuracy or completeness of the

information; and

(v) a notice that the consumer has the right to request under subsection

(d) that the consumer reporting agency furnish notifications under

that subsection.

(7) Description of reinvestigation procedure. A consumer reporting agency shall

provide to a consumer a description referred to in paragraph (6)(B)(iii) by not

later than 15 days after receiving a request from the consumer for that description.

(8) Expedited dispute resolution. If a dispute regarding an item of information in a

consumer's file at a consumer reporting agency is resolved in accordance with

paragraph (5)(A) by the deletion of the disputed information by not later than 3

business days after the date on which the agency receives notice of the dispute

from the consumer in accordance with paragraph (1)(A), then the agency shall

not be required to comply with paragraphs (2), (6), and (7) with respect to that

dispute if the agency

50 July 30, 2004

(A) provides prompt notice of the deletion to the consumer by telephone;

(B) includes in that notice, or in a written notice that accompanies a confirmation

and consumer report provided in accordance with subparagraph ©, a

statement of the consumer's right to request under subsection (d) that the

agency furnish notifications under that subsection; and

© provides written confirmation of the deletion and a copy of a consumer

report on the consumer that is based on the consumer's file after the

deletion, not later than 5 business days after making the deletion.

(B) Statement of dispute. If the reinvestigation does not resolve the dispute, the consumer

may file a brief statement setting forth the nature of the dispute. The consumer

reporting agency may limit such statements to not more than one hundred words if it

provides the consumer with assistance in writing a clear summary of the dispute.

© Notification of consumer dispute in subsequent consumer reports. Whenever a statement

of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or

irrelevant, the consumer reporting agency shall, in any subsequent report containing

the information in question, clearly note that it is disputed by the consumer and

provide either the consumer's statement or a clear and accurate codification or

summary thereof.

(d) Notification of deletion of disputed information. Following any deletion of information

which is found to be inaccurate or whose accuracy can no longer be verified or any

notation as to disputed information, the consumer reporting agency shall, at the

request of the consumer, furnish notification that the item has been deleted or the

statement, codification or summary pursuant to subsection (B) or © of this section to

any person specifically designated by the consumer who has within two years prior

thereto received a consumer report for employment purposes, or within six months

prior thereto received a consumer report for any other purpose, which contained the

deleted or disputed information.

(e) Treatment of Complaints and Report to Congress

(1) In general. The Commission shall--

(A) compile all complaints that it receives that a file of a consumer that is

maintained by a consumer reporting agency described in section 603(p)

contains incomplete or inaccurate information, with respect to which, the

consumer appears to have disputed the completeness or accuracy with the

consumer reporting agency or otherwise utilized the procedures provided

by subsection (a); and

(B) transmit each such complaint to each consumer reporting agency involved.

(2) Exclusion. Complaints received or obtained by the Commission pursuant to its

investigative authority under the Federal Trade Commission Act shall not be

subject to paragraph (1).

51 July 30, 2004

(3) Agency responsibilities. Each consumer reporting agency described in section

603(p) that receives a complaint transmitted by the Commission pursuant to

paragraph (1) shall--

(A) review each such complaint to determine whether all legal obligations

imposed on the consumer reporting agency under this title (including any

obligation imposed by an applicable court or administrative order) have

been met with respect to the subject matter of the complaint;

(B) provide reports on a regular basis to the Commission regarding the

determinations of and actions taken by the consumer reporting agency, if

any, in connection with its review of such complaints; and

© maintain, for a reasonable time period, records regarding the disposition of

each such complaint that is sufficient to demonstrate compliance with this

subsection.

(4) Rulemaking authority. The Commission may prescribe regulations, as appropriate

to implement this subsection.

(5) Annual report. The Commission shall submit to the Committee on Banking,

Housing, and Urban Affairs of the Senate and the Committee on Financial

Services of the House of Representatives an annual report regarding information

gathered by the Commission under this subsection.'.

(f) Reinvestigation Requirement Applicable to Resellers

(1) Exemption from general reinvestigation requirement. Except as provided in paragraph

(2), a reseller shall be exempt from the requirements of this section.

(2) Action required upon receiving notice of a dispute. If a reseller receives a notice

from a consumer of a dispute concerning the completeness or accuracy of any item

of information contained in a consumer report on such consumer produced by the

reseller, the reseller shall, within 5 business days of receiving the notice, and free

of charge–

(A) determine whether the item of information is incomplete or inaccurate as a

result of an act or omission of the reseller; and

(B) if (i) the reseller determines that the item of information is incomplete or

inaccurate as a result of an act or omission of the reseller, not later than 20

days after receiving the notice, correct the information in the consumer

report or delete it; or

(ii) if the reseller determines that the item of information is not incomplete or

inaccurate as a result of an act or omission of the reseller, convey the notice of

the dispute, together with all relevant information provided by the consumer, to

each consumer reporting agency that provided the reseller with the information

that is the subject of the dispute, using an address or a notification mechanism

specified by the consumer reporting agency for such notices.

52 July 30, 2004

(3) Responsibility of consumer reporting agency to notify consumer through reseller. Upon the

completion of a reinvestigation under this section of a dispute concerning the completeness

or accuracy of any information in the file of a consumer by a consumer reporting

agency that received notice of the dispute from a reseller under paragraph (2)--

(A) the notice by the consumer reporting agency under paragraph (6), (7), or (8) of

subsection (a) shall be provided to the reseller in lieu of the consumer; and

(B) the reseller shall immediately reconvey such notice to the consumer, including any

notice of a deletion by telephone in the manner required under paragraph (8)(A).

(4) Reseller reinvestigations. No provision of this subsection shall be construed as prohibiting

a reseller from conducting a reinvestigation of a consumer dispute directly.

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TU is a tough nut to crack regarding inquiries. If the inquiries are truly fraudulent then they will most likely ask you to fill out a fraud report. Be careful with that if the inquiries actually were legit. Not only do you not want to perjure yourself, but fraud alerts on your reports can prohibit you from pulling your report online or through myfico.com.

We all agree that TU's standard response that inquiries are a "statement of fact" is pure BS. However, unless a class action were to be filed against them and they lost, I doubt they have much motivation to change their stance. They just don't want to devote their resources to verifying inquiries.

I had a handful of inquiries on TU and was successful in getting the majority of them bumped off by daily PrivacyGuard pulls. Mortgage and auto loan inquiries stick like glue, however, and seem to be impervious to PG pulls.

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