Jump to content

Impermissible Inquiries


zix
 Share

Recommended Posts

I applied for some accounts 8 months ago at banks and was rejected at that time. They pulled my credit then - and AT THAT TIME I agree THAT inquiry WAS permissible. I never had an account there and had no contact with them since March 2006. Now in November 2006, they pulled ANOTHER hard inquiry on my Experian or Equifax, which is IMPERMISSIBLE because I have no account with them, never did, and havent had any contact with them since March.

I called the bank and they were non-responsive and/or said they would get back with me, but didnt.

1 How can I get these IMPERMISSIBLE INQUIRIES removed?

2 Can I sue them for damages of $1000 and if so, how? What would my likelihood of success be in suing them?

Link to comment
Share on other sites

Inquiries can be removed. Search harder.

NO ... They cannot be legally removed. The FCRA requires that the bureaus provide a list of all inquiries to the consumer over the past 24 months. They cannot meet that statutory obligation if they physically delete the inquiry from the file. Therefore, it is illegal to remove inquiries less than 24 months old.

Even if the pull was a total mistake, and all parties agree it was a mistake, it does not negate the fact that a report was issued, and the law says it must be kept track of. This is why there is a statutory penalty, payable to the consumer, for non-pp pulls. It's compensation for the temporary disruption to the consumer's credit report.

Sometimes a CRA will remove them, but they are breaking the law doing so. The legal way to handle it is they flag it so that it does not show up on subscriber reports; but will continue to show up on reports sent to the consumer.

Link to comment
Share on other sites

Even if the pull was a total mistake, and all parties agree it was a mistake, it does not negate the fact that a report was issued, and the law says it must be kept track of. This is why there is a statutory penalty, payable to the consumer, for non-pp pulls. It's compensation for the temporary disruption to the consumer's credit report.

Appears there is some disagreement as to if they can be removed or not. The responder who said they can be removed failed to provide any examples or guidance or supporting documentation. "Search harder," is a lame answer because it does not elaborate on the claim of being able to remove the inquries. Certainly you can give a more responsive answer? :confused:

As far as the "statutory penalty" I assume this means suing in small claims court. Can someone provide more info on doing this please? What are odds of winning and what are amounts likely to be won? Would prefer to hear from someone that has "been there, done that."

Link to comment
Share on other sites

Read Section 609 regarding information the CRA is required to provide to the consumer upon request. notice that they are required to provide the names of all people who received your report. Because of this, they are not allowed to REMOVE inquiries. But this is just semantics - they don't remove, they either recode as soft or suppress them. the end result is the same - creditors don't see them and they don't factor into FICO.

Link to comment
Share on other sites

Appears there is some disagreement as to if they can be removed or not. The responder who said they can be removed failed to provide any examples or guidance or supporting documentation. "Search harder," is a lame answer because it does not elaborate on the claim of being able to remove the inquries. Certainly you can give a more responsive answer? :confused:

As far as the "statutory penalty" I assume this means suing in small claims court. Can someone provide more info on doing this please? What are odds of winning and what are amounts likely to be won? Would prefer to hear from someone that has "been there, done that."

Search some of my threads then. Wouldn't that be where you would implicitly start? If not, then why not spend about 10 minutes to query key words that I had to when I found out how to do it. If you don't believe me, well then that is your credit report, not mine. I don't have tons of time to show you how, just like not everyone has tons of time to help me. You are worried about little inquiries while I have a lawsuit at hand. In addition, what charlesa said.

I'll spoon feed you now. Call the CRA, put a fraud report on your credit report. Deny the inquiries. I have seen all of my inquiries fall off my report this way. Not in a day or two, but over a period of about a month. Talk semantics, and call my response lame all you want, but consider yourself very lucky that I helped you after you slag me for simply telling you a reasonable way to find the answer. It's up to you. At the end of the day, all 3 of my credit reports have no hard inquiries.

I mean hell, the answer is currently one thread below this one:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=259981

Link to comment
Share on other sites

The inquiry can't be removed (it's a record of fact), but it can be masked to be a soft inquiry.

Who do you ask to turn it to a soft inq.? The OC or CRA ? When my DH signed a page with his auto loan they said it was giving permission to pull his credit, he read it as pulling it for the initial approval only.

Apparently they meant whenever they wanted and pulled it any time his payment was one day late. (5 times in 2 yrs.)

It looks bad too because it shows up as WPCU COLLECTION DEPT.

The payments were not 30 DL but to me the inq. looks like a negative remark.

Link to comment
Share on other sites

Who do you ask to turn it to a soft inq.? The OC or CRA ?

You can certainly ask both -- the one company I sued partly over this (and some other stuff) wouldn't remove and neither would the CRA. By the time I settled with the puller, it had fallen off on its own.

Link to comment
Share on other sites

Who do you ask to turn it to a soft inq.? The OC or CRA ? When my DH signed a page with his auto loan they said it was giving permission to pull his credit, he read it as pulling it for the initial approval only.

Apparently they meant whenever they wanted and pulled it any time his payment was one day late. (5 times in 2 yrs.)

It looks bad too because it shows up as WPCU COLLECTION DEPT.

The payments were not 30 DL but to me the inq. looks like a negative remark.

Five times in 2 years? They should be falling off now? Just as long as the fake "derogs" stay in the "Inquiry" section you are OK. Believe me when I tell you, if it was a "collection account" Mr. FICO and all the others will be the first to know. There is no legal or business reason for WPCU to report an "Inquiry" in such a negative way. I find the that the lenders love to AGGRAVATE us.

Link to comment
Share on other sites

One falls off on Dec.5th 06 one in Feb.06 the other 3 won't until 3/07 10/07 &11/07.

These guys were real buttheads. When my husband swithched jobs he called to ask about deferring a pament which was allowed 1 time during the life of the loan. They let us skip 1 payment but they reported us 30days late that month. When we got his CR 1 yr later it took a while to put the two together. I called the lady DH spoke to and went at her with my raging pregnant woman hormones and it was removed.

AGGRAVATE is a good word for it.

Link to comment
Share on other sites

YEAH BABY...

Too bad I didn't find this website back then I would have really done some damage. Now it's hard to rant at someone on the phone when you have a sweet baby sleeping in the other room. Maybe I could send baby out with grandma next time I have a good bout of PMS.....I might end up with all inquires removed and new pos. TL to boot. :boxing:

Link to comment
Share on other sites

YEAH BABY...

Too bad I didn't find this website back then I would have really done some damage. Now it's hard to rant at someone on the phone when you have a sweet baby sleeping in the other room. Maybe I could send baby out with grandma next time I have a good bout of PMS.....I might end up with all inquires removed and new pos. TL to boot. :boxing:

And you just might. You know, I have never laughed this hard about "credit issues." :ROFLMAO2:

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.