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TransUnion, really confused.


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In the process of heavy duty credit repair for Mrs. Voltron and I. She is doing really well, and is almost at 720.

 

Me, sadly, not doing so well as my good name carried the bulk of our credit cards.

 

I have a $12,800 AMEX gorilla sitting on my credit report. They sent me to Jaffe and Asher much earlier this year, who is a NY based law firm, (ostensibly prior to sending to an IL based collections firm for suit).

 

I talked with their representative and I explained a lot of the problems I had with their client, and their thug-like tactics. I was dunned, of course, and within the end of the time period, I disputed the debt in full. I also asked them not to call me at home, but rather on my cell phone.

 

So today I pulled my credit and found that my AMEX account is showing:

 

CLOSED BY CREDIT GRANTOR; >UNPAID BALANCE CHARGED OFF<

 

No mention of dispute by consumer. But here is where it gets a bit more challenging.

 

Under the 'regular inquiries' tab, my CR shows this:

 

AMEX - CEASE AND DE via JAFFE & ASHER LLP

600 THIRD AVE.
NEW YORK, NY  10016 (212) 687-3000 Inquiry Type: Individual Permissible Purpose: COLLECTION Requested On: 03/21/2013

 

My letter to them was as follows:

 

"In reference to the alleged account and debt reference in your letter to me dated March xx, 2013, please be advised this debt is disputed in its entirety and debt validation is requested. I also request that communication to me only be made through mail or my phone at xxx-xxx-xxxx."

 

I am also showing both Cavalry and Midland on my CR as having pulled my credit, but I have not had any contact from them, and quite honestly don't know what accounts they could have possibly purchased.

 

Any ideas about AMEX? My letter definitely was a DV, not a C&D.

 

Midland and Cavalry cannot find me in their systems. Midland pulled my credit claiming the persmissible purpose was 'collection.' They then asked me about my mom. (I havent lived at home in 8 years).

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It's been said that there's no such thing as a "partial C&D".   It could be that your request to not be contacted at home is considered a C&D. 

 

Regarding the JDBs, I'd go ahead and dispute with the CRAs.  If the entries are verified, send a dispute directly to the JDBs.

 

Strangely enough, the date of the C&D as listed on the CR is prior to me ever having contact with them. Also, what about the TL not showing a dispute?

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@BV80 This whole reporting/credit report thing is just so confusing to me. Throw me in a courtroom and I can kill it, but reading a TL is like a foreign language.

 

Believe me, I understand.  :-)  The CRAs offer some information on their websites that help explain how they report. 

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@gwheelock915

 

A soft inquiry has no effect on your credit score, and it's not seen by anyone but you.  Don't quote me, but I think sometimes soft inquiries are done just to check an address or confirm a name. 

 

I honestly don't know if you can dispute a soft inquiry.  You could try it.  Then, if Midland or Cavalry do it again, send them a letter demanding an explanation.

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@gwheelock915

 

A soft inquiry has no effect on your credit score, and it's not seen by anyone but you.  Don't quote me, but I think sometimes soft inquiries are done just to check an address or confirm a name. 

 

I honestly don't know if you can dispute a soft inquiry.  You could try it.  Then, if Midland or Cavalry do it again, send them a letter demanding an explanation.

@BV80 @gwheelock915 - you can dispute anything you want, but I think it's a wasted effort to dispute a soft pull.  

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Like @admin says...its probably a waste of time to dispute a soft pull.  Theorectically, nobody but you sees them.  But, again theorectically, if they were asked by the OC to attempt collections, they do have PP. 

 

Notice I didn't use the phrase "assigned the debt"...that had several meanings and just confuses the issues.  Basically, the conversation goes something like:

 

OC: "Hey, scumbag CA, you want to collect this for me?"

 

Scumbag: "Let me look at the debtors CRs...oh...no, I don't think I want this one".

 

OC: "Okay, I'll try dirtbag CA instead".

 

Nothing "public" shows up on your reports...no harm, no foul...

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@gwheelock915

 

This is just speculation on my part.  Let's say that a JDB has a debt allegedly owed by someone who has the same name or similar name as you.  It's possible they would do a soft inquiry just to see if your information matches their information.  Is that legitimate?  I don't know. 

 

If, for the sake of argument, it's not legitimate, and they have committed a violation, I don't believe it would be worth a lawsuit.  First, as has been stated before, a soft inquiry is seen by no one but you.  Your credit score and credit worthiness is in no way harmed by that inquiry.  Also, one soft inquiry doesn't show a pattern of willful violation or an intent to harm you.  Based upon that, a judge could very well award you just $100 along with your costs.  Would that really be worth the time and effort of a lawsuit?

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@BV80 @willingtocope @admin in reviewing the Mrs. TU report, I see that the Weltman Reis pulled her credit about 18 months ago doing a hard and soft pull on the same day, using collections as the pp. Again, there was never any contact from them. I find that concerning since a hard pull does hurt a credit score, and they did that with knowledge and purpose. Both of us are also scratching our heads as to what account they could have been pulling for. It doesn't make sense. I suppose a letter or phone call is in store.

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The finance manager at Hyundai. He said they use TU. My wifes Equifax is high enough to qualify for 0%, but since they use TU it would be at 6.9%. I really thought it was something I could negotiate (like hey its only 5 points), but 6.9% interest is a lot more $$ than zero interest. We need a car--and considering the car we bought 2 years ago was at 23.9% with a $500 application fee, I'm not going to buy unless we get the most favorable terms.

 

But in general I am starting to find out some interesting things regarding lending and the various scoring models. Hence my belief in your signature line.

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Hmmm.  I don't think there is a way for a "data furnisher" to "un-report" an inquiry.  But, you could try a "...hey, i found you requested my CRs 18 months ago...prove to me you had permissable purpose, or get off my reports, else I will be forced to pursue my legal options.." letter.

 

On the other hand, I think the FCRA says (although I can't find it now) that "hard pulls" should only be visible for 1 year.  Perhaps there's something else on the TU report that will get you your 5 pts...either that, or the finance manager has reached his limit of 0% loans for the year.

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I sent the reports to a consumer rights attorney that I have used before. They are going to send letters to Cavalry and Midland on my behalf to try to ascertain the nature of the pulls, then decide how to proceed based on the response. I called WWR today, but I can't believe they don't collect on weekends. I'll have to call back on Monday. I suppose I'll be sending my wifes report over to the attorney as well next week.

 

The good thing about seeing the Midland pull and having them ask me about my mom, is that I checked the court site by her and found out they just sued her. so at least they won't get an easy default.

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