tinroofrusted
04-17-2005, 03:05 AM
Give them a right to pull a hard copy of your credit?
If not, what can be done about it?
If not, what can be done about it?
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IMPORTANT! Does asking a creditor to remove a negative item on your credit reporttinroofrusted 04-17-2005, 03:05 AM Give them a right to pull a hard copy of your credit? If not, what can be done about it? joe715 04-19-2005, 06:24 PM Hi tinroof. I dont know the answer to your question but am interested in finding out. my question is, what do you mean "hard copy"? Do you mean like an "inquiry" that shows on your report for 2 years? I am curious if you can negotiate with collectors to remove negative items from your report. I'm trying to figure out how to clean mine up. HRx 04-19-2005, 07:44 PM You'll want to have all request for corrections to your credit report done in writing via certfied mail. Correcting derogatory/bad problems on your credit report isnt going to hurt your credit standing/score. tinroofrusted 04-20-2005, 02:22 AM You'll want to have all request for corrections to your credit report done in writing via certfied mail. Correcting derogatory/bad problems on your credit report isnt going to hurt your credit standing/score. THat's not my problem Todd. What is my problem is that when they were contacted by the bureau to correct the information, they took that as permission to pull a hard inquiry on my credit report. I never gave them permission to do that, and I wasn't applying for a loan, so where do they get off thinking that I gave them permission to pull a hard inquiry on my credit? They claim that under the FCRA that that gave them permission to make sure that they were reporting accurately. I don't believe that is the case. I have read the law over and over, and it says nothing about permissable reason to pull your credit if you are disputing. tinroofrusted 04-20-2005, 02:23 AM Hi tinroof. I dont know the answer to your question but am interested in finding out. my question is, what do you mean "hard copy"? Do you mean like an "inquiry" that shows on your report for 2 years? I am curious if you can negotiate with collectors to remove negative items from your report. I'm trying to figure out how to clean mine up. Yes, that is exactly what I am saying. I have now written a three page letter requesting the removal, informing them that they broke the law, and have notified the FTC, the AG from the State of Michigan, the BBB, and several other organizations. I am also requesting a settlement for their negligence. I never at any time gave them permission to pull my credit. I asked that the negative items be removed through the bureaus, and that is about it. tinroofrusted 04-20-2005, 02:24 AM If anyone is interested here are some excerpts from my letter: The FCRA states the following are the ONLY permissible reasons to pull a consumer credit report: 604(a)(1) in response to the order of a court having jurisdiction to issue such an order. I don’t recall any courts giving you permission to pull my credit. 604(a)(2) as instructed in writing by the consumer to whom it relates. I personally NEVER, at any time gave you permission to pull a hard inquiry on my credit report. I simply asked that the negative (and false!!!) information that you had previously provided be removed. AND I also informed you that you would be contacted by the bureaus themselves for this removal information. They would have given you all of the information you needed, had you not been so hasty! 604(a)(3)(A) for the extension of credit as a result of an application from a consumer, or the review or collection of a consumer's account I closed my accounts with your credit union, so this isn’t a reason for you to pull my credit report either. 604(a)(3)(B) & 604(b) for employment purposes, including hiring and promotion decisions, where the consumer has given written permission. I don’t recall seeking employment with your company at any time. 604(a)(3)(C) for the under writing of insurance as a result of an application from a consumer. Your company isn’t an insurance agency. 604(a)(3)(F)(I) when there is a legitimate business need in connection with a business transaction that is initiated by and involving the consumer. I closed and removed my business with your company. 604(a)(3)(F)(ii) to review a consumer's account to determine whether the consumer continues to meet the terms of the account. My accounts were discharged through the US Bankruptcy Court of the Western Michigan district. Therefore, you didn’t have a need to check them for any reason. Nor would you have had permission under the law. 604(a)(3)(D) to determine a consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status. I don’t recall applying for any licenses through your company. 604(a)(3)(E) for use by a potential investor or servicer, or a current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. Again, your company isn’t an insurance agency. 604(a)(4) & 604(a)(5) for use by state and local officials in connection with determination of child support payments, or modifications and enforcement thereof. You are neither state nor local officials, and I have no dependents. As you can see for yourself, and you can have your attorney review this, your company, according to the FCRA, and the Bankruptcy Code, have violated the law, and my personal rights more than once. I thought I was being nice by not pushing the issue, but here it is more than six months later, and you are still engaging in illegal activities. I have filed complaints with the FTC, the BBB, and our State Attorney General’s office of all of the above problems that I have had with your organization since before and after filing bankruptcy. I wanted to bring to their attention the types of behavior that you were engaged in, and to let you know that I want this resolved, and I want this taken care of, according to all of my legal rights. I am choosing to deal with all of this through the USPS mail, so that there can be no tampering with electronic mail, and because I don’t want to lose my temper with you on the telephone, and there is no way to record the conversation. Once again, I am requesting a settlement of $1000.00 for these violations. According to the FCRA, and other laws, you could be held liable for much more, if I choose to take this to small claims court. I feel that I am being more than fair requesting the $1000.00 settlement. I am also, once again, requesting that the hard inquiry to my credit report be removed immediately. I did not give you permission to pull it, the law doesn’t give you permission to pull it, and therefore, I want it gone. It has prevented me from getting credit and I am not going to tolerate it being on my credit report. HRx 04-20-2005, 05:34 AM If anyone is interested here are some excerpts from my letter: The FCRA states the following are the ONLY permissible reasons to pull a consumer credit report: 604(a)(1) in response to the order of a court having jurisdiction to issue such an order. I don’t recall any courts giving you permission to pull my credit. 604(a)(2) as instructed in writing by the consumer to whom it relates. I personally NEVER, at any time gave you permission to pull a hard inquiry on my credit report. I simply asked that the negative (and false!!!) information that you had previously provided be removed. AND I also informed you that you would be contacted by the bureaus themselves for this removal information. They would have given you all of the information you needed, had you not been so hasty! 604(a)(3)(A) for the extension of credit as a result of an application from a consumer, or the review or collection of a consumer's account I closed my accounts with your credit union, so this isn’t a reason for you to pull my credit report either. 604(a)(3)(B) & 604(b) for employment purposes, including hiring and promotion decisions, where the consumer has given written permission. I don’t recall seeking employment with your company at any time. 604(a)(3)(C) for the under writing of insurance as a result of an application from a consumer. Your company isn’t an insurance agency. 604(a)(3)(F)(I) when there is a legitimate business need in connection with a business transaction that is initiated by and involving the consumer. I closed and removed my business with your company. 604(a)(3)(F)(ii) to review a consumer's account to determine whether the consumer continues to meet the terms of the account. My accounts were discharged through the US Bankruptcy Court of the Western Michigan district. Therefore, you didn’t have a need to check them for any reason. Nor would you have had permission under the law. 604(a)(3)(D) to determine a consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status. I don’t recall applying for any licenses through your company. 604(a)(3)(E) for use by a potential investor or servicer, or a current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. Again, your company isn’t an insurance agency. 604(a)(4) & 604(a)(5) for use by state and local officials in connection with determination of child support payments, or modifications and enforcement thereof. You are neither state nor local officials, and I have no dependents. As you can see for yourself, and you can have your attorney review this, your company, according to the FCRA, and the Bankruptcy Code, have violated the law, and my personal rights more than once. I thought I was being nice by not pushing the issue, but here it is more than six months later, and you are still engaging in illegal activities. I have filed complaints with the FTC, the BBB, and our State Attorney General’s office of all of the above problems that I have had with your organization since before and after filing bankruptcy. I wanted to bring to their attention the types of behavior that you were engaged in, and to let you know that I want this resolved, and I want this taken care of, according to all of my legal rights. I am choosing to deal with all of this through the USPS mail, so that there can be no tampering with electronic mail, and because I don’t want to lose my temper with you on the telephone, and there is no way to record the conversation. Once again, I am requesting a settlement of $1000.00 for these violations. According to the FCRA, and other laws, you could be held liable for much more, if I choose to take this to small claims court. I feel that I am being more than fair requesting the $1000.00 settlement. I am also, once again, requesting that the hard inquiry to my credit report be removed immediately. I did not give you permission to pull it, the law doesn’t give you permission to pull it, and therefore, I want it gone. It has prevented me from getting credit and I am not going to tolerate it being on my credit report. Interesting! Keep us updated on this matter! :) tinroofrusted 04-20-2005, 06:39 AM I will. :) HHM 04-20-2005, 06:59 AM Let me take the other side of this one for a minute, I suspect your on the losing side of this argument, you are disputing an entry they made on your credit report, so they can probably rely on 604(a)(3)(A) or 604(a)(3)(F)(I) as justification. But keep us informed as to what happens. tinroofrusted 04-20-2005, 10:43 AM Nope. I am disputing them pulling a hard inquiry into my credit without reason or permission. THAT'S my biggest problem right now. tinroofrusted 04-20-2005, 10:45 AM PS, I no longer have accounts with them, loans, or anything else that would give them reason to pull my credit. since my case is discharged and closed, they legally have no right or jurisdiction to pull my credit without my permission, and I never and would never give it to them. HRx 04-20-2005, 11:50 AM PS, I no longer have accounts with them, loans, or anything else that would give them reason to pull my credit. since my case is discharged and closed, they legally have no right or jurisdiction to pull my credit without my permission, and I never and would never give it to them. Hence you're going to make an example out of them............ :D tinroofrusted 04-20-2005, 12:34 PM Hence you're going to make an example out of them............ :D YES SIR! :D HHM 04-20-2005, 12:54 PM Your question was "Does asking a creditor to remove a negative item on your credit report give them the right to pull a hard copy of your credit report?" So the entry you are disputing is the "hard pull" of the credit and then they did "another hard pull" after you made the dispute? Or is it that you noticed they had pulled your credit and then you simply disputed that entry? I suspect they can ultimately rely on the default reason of 604(c)(1)(B)(i) (firm offer of credit) tinroofrusted 04-20-2005, 02:56 PM Your question was "Does asking a creditor to remove a negative item on your credit report give them the right to pull a hard copy of your credit report?" So the entry you are disputing is the "hard pull" of the credit and then they did "another hard pull" after you made the dispute? Or is it that you noticed they had pulled your credit and then you simply disputed that entry? I suspect they can ultimately rely on the default reason of 604(c)(1)(B)(i) (firm offer of credit) Ok, let me clear this up once and for all. The credit union was notified through Transunion (and the other bureaus) that they had false information on my credit report. (I disputed the fact that they had me listed as "charge off" with balances due instead of in BK) They then took it upon themselves to pull a hard inquiry (THEY CLAIM: "to check for ourselves what was being reported) with no permission from me, by me, or through me. I am now fighting the fact that they pulled a hard inquiry into my credit, without a permissable purpose. All of my accounts were closed with them when I did this, I was discharged, and had not applied or any credit or anything else through them. I simply wanted the information on my credit bureaus to be reported correctly, and that is IT. I never gave them permission at any time to pull my credit bureau, and THAT is what I am disputing HHM 04-21-2005, 07:22 AM Well, good luck with that; but no offense, my money is on the creditor winning this battle. tinroofrusted 04-21-2005, 09:07 AM Why is that HHM? Do you think that they had a legal right to pull my credit? If you do, I would love to see the law that states that they would. I have searched and searched and searched, and can't find ANYTHING that would justify them having a reason to pull a hard inquiry on my credit report. I didn't give them permission, I didn't apply for loans, employment or anything else, so I can't see what they would have to stand on. | |
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