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Next move......


DWFan
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also posted on CreditNet...

Hi all--long time lurker, first time poster.

Here's the background on the situation.

I was reviewing my credit reports, and found a hard pull from Roadloans.com (aka Triad Financial). I went through the standard BS, sending them a letter via certified mail informing them that they are in violation of the FCRA.......to produce a document bearing my physical signature authorizing the pull, etc.

Hear nothing.

File a complaint with the Los Angeles County BBB. Hear back almost immediately, with them requesting all info again. Faxed info along with a copy of the certified mail receipt.

Yesterday I receive a general form letter from them, along with a request for my SSN, full name, etc. Reply that I will not provide my SSN as they obviously have it on file.

Today I receive an email from them stating that they will be removing the inquiry from my credit file.

Now here's the interesting part.

Their form letter reads the following....

"Date: 05/31/2006

Poor Schmuck

123 Main Street

Anytown, NY 113XX

Reference: Credit Inquiry

Dear Mr. Schmuck:

We are responding to your letter regarding why Triad Financial Corporation or Roadloans accessed your credit report.

If your credit report shows an inquiry by Triad Financial, you may have recently visited a motor vehicle dealer to purchase a new or used motor vehicle and the dealer submitted your credit application to Triad Financial for review and consideration.

If your credit report shows an inquiry by Roadloans, you may have applied for a loan on our Roadloans website or on another company's website and such company referred your application to Roadloans for review.

In either case, your credit application provided us the authority to obtain your credit report.

If you have further questions, you may contact the credit reporting agencies directly.

Sincerely,

Loan Administration

Triad Financial Corporation"

OK--the hard pull was performed on 4/12/06. Above form letter shows a revision date of 4/11/06 at the bottom of it. Could this have been Triad preparing for an onslaught of letters from consumers wanting to know why their reports were pulled??

Now here is the question--where do I go with this next? I managed to get the hard pull removed. I assume that their email to me stating that they are removing the inquiry is an admission of "guilt".

I'm pretty sure that this violation of the FCRA equals $1,000, am I right? How do I pursue this further? I'm sure that I'm not the only one they pulled this with, and I want to hit them in their pocketbook if at all possible.

Thanks in advance.

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Well you can sue them if you want because it is technically illegal to "remove" an inquiry. The CRA can supress it so it is visible only to you, but for 2 years the CRA must keep it in the file.

The FCRA requires the bureaus to provide you with a list over everyone who has gotten your credit report for the past two years, regardless of if it was agreed to be an error by all parties involved. Removing an inquiry from the file means the CRA cannot perform this required obligation.

The reason why there is a $1000 penalty for obtaining a consumer report without the consumer's consent and without existing business relations with the consumer is because you can't remove it. That is the value Congress put on the negative impact on your credit report that you, the consumer, will have to deal with.

Next time, do not ask for removal of the inquiry since they can't legally do it anyways. Just tell them they obtained your report illegally under the FCRA and you are entitled to damages in the amount of $1000 for their illegal pull. Tell them they can pay up now, or pay up in court with attorney fees piled on.

I also suggest you put a fraud alert on your report, now. If someone ran your report without your consent then you are at risk of identity fraud. If Triad is covering themselves like you suspect, they may have had an internal breach of security where an employee or former employee was caught taking consumer data.

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Thanks for the quick reply

Well you can sue them if you want because it is technically illegal to "remove" an inquiry. The CRA can supress it so it is visible only to you, but for 2 years the CRA must keep it in the file.

How would I even go about this?? Fed court? I know that NYC small claims will not acceptr a case if the defendant is outside of NYC.

Next time, do not ask for removal of the inquiry since they can't legally do it anyways. Just tell them they obtained your report illegally under the FCRA and you are entitled to damages in the amount of $1000 for their illegal pull. Tell them they can pay up now, or pay up in court with attorney fees piled on.

I never asked for them to remove the inquiry. In my initial correspondance with them, and with my follow up with the LA BBB, I demanded to see a document that beared my physical signature authorizing the pull and if they could not produce such document to arrange for payment in the amount of $1000 to be made to me

I also suggest you put a fraud alert on your report, now. If someone ran your report without your consent then you are at risk of identity fraud. If Triad is covering themselves like you suspect, they may have had an internal breach of security where an employee or former employee was caught taking consumer data.

Already done ;-)

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NYC is wierd.

The FCRA says the consumer has right of action through any court of competant jurisdiction. The entire point behind the FDCPA and FCRA is to give the consumer a local, low-cost right of action without having to go through a big expense to protect themselves from abuses.

Are the NY small claims courts saying they are incompetant to handle such a case?

Whatever. Since the FCRA allows for recovery of attorney fees, most lawyers handling FCRA cases accept it on contigency. Which means they get paid when they win by submitting a bill for their services to the violator and if they don't win they don't get paid at all. If it must be done in Federal court in your area, just find a lawyer who wants to make a quick buck and let them handle it.

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Yes--NYC is VERY weird. On the small claims court form, NY is already filled in for the defendants information. I *guess* I could white it out and place CA in instead, but I don't know how far that would get me. I don't even know if the NYC court would accept the filing.

Anywho, thanks for the advice. Looks like a liar-for-hire will be the next best route, and probably the one I will be taking. $1000 - the standard 33%.......I guess I could live with that.

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