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OK.. CA sued me for deficiency on auto loan from by here pay here place.

I reply.. and countersue for about 500 bucks more than what they sue me for.

They dismiss the case and send me and my attorney a letter stating hey have closed the account and will not proceed further.

Fast forward to Dec this year.

I see that this collection agency has been pulling my credit about once every other month or so since the accquired the account in May of 2003

Only 1 hard Inq but all the rest... 8 in total and 6 after they said they were closing the account were soft Inquiries.

Still with me?

My lawyer contacts them.. asks them what they think they are doing. CA lawyer asks for copies of my report showing INQs and they will come back with an offer.

Yesterday lawyer gets letter from them stating the following.

We have a SUBSCRIPTION to a certain "program" that TU offers that alerts us to ANY CHANGES on your clients credit report. These were soft inquiries only and it only updated the infomation we have in our files as well.

They didnt REQUEST my report so they didn't KNOW they were pulling them. (yeah right.. where were they going?)

((I want to know what kind of program that TU can offer that just lets them have access to my report whenever there is any activity.. and the account was CLOSED!!!))

They say they havent done anything wrong.

Me and my lawyer both call BULLSH&T.

I wanted to get your guys opinions on this one as well.

Thoughts.. cases ... ideas????

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Umm, yeah, I am going to go ahead and call BS with you on that one.

There are 2 seperate issues there. First, with the hard inq, they are going to have to explain why they pulled it. Do you know what reason is listed on your Credit report? If it is PP, I think they have broken the law.

Further, since they are a CA, what other "legitimate business purpose" would they have OTHER than attempting to collect some sort of debt from you? They don't offer insurance, they don't extend credit, so why exactly are they poking around on your credit report? They are a CA and their business is collecting delinquent debts. You don't have an account with them, and they agreed to stop attempting to collect from you.

On the soft inq's, I still say they have no reason to access your credit report. You don't have any account with them, so it can't be an AR, and this isn't a promotional inquiry.

It doesn't matter WHAT subscription or whatever service they have with Transunion or anyone else. TU is saying they accessed your report, and unless TU is wrong, then I'd say you have 1 easy violation on the hard pull, and probably 8 more to go along with it. Is 9k worth your time? I'd say so. I'd sue for 9k, tell them to get my name out of their system/subscription service, etc, and include a liquidated damages clause of 10k if they ever pull your CR again in any way, shape, or form without a PP.

This is exactly why inq's are included in your report, so that you know who is pulling it, and why the FCRA prohibits just ANYONE from looking at your report any time they darn well please.

I'd ask either up front or later in discovery to see all agreements with the credit bureaus, what subscription service they signed up for, and demand to know how your name got in that system.

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FYI, a business relationship is NOT enough to have a PP. (Coffey letter)

Just because I buy or sell something doesn't give me the right to access your CR. The example is given of a person coming into a auto dealership. If they are poking around, asking prices, and even take a test drive, none of the above are permission to access CR, nor do they constitute a PP.

Further, even if you buy a car from a dealership, unless you finance it or pay with a personal check, they don't have a PP. How would a credit report matter if you were paying cash for a good or service?

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The Hard Inquiiry was allowable.. they had the account sold to them and they pulled the report.... I can go with that

But it was the every monthor so thereafter that I was upset about.

Lawyer is on it.. sent them a "Offer us something or we sue you" letter today.

Settlement for the other one is all but done


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