Mortgage Broker Pulled Credit Without Permission Help!!

Noticed A Unauthorized Inquiry that was done during our chapter 7 bk On Both Mine And My Wifes Credit Reports.we are since discharged and i am rebuiding our credit reports.i Did A Little More Digging. I Called Mortgage Info Source Who Pulled The Credit Reports And Was Informed That It Was Pulled Without Social Security Numbers All Zeros Were Placed In The Ss# Column. I Then Asked Them The Name Of Who Pulled The Report, It Was Someone I Knew From A Previous Deal Of Be Buying A Motorcycle From Them And Had No Other Dealings. I Then Called The Mortgage Company She Works For And Informed Them. They Said They Will See What They Can Do. I Have Been Denied A Mortgage Loan Twice Because Of This Inquiry. What Can I Do To The Mortgage Company That Employed This Person. As She Has Caused Me From Getting A Mortgage. What Leverage Do I Have. I Have Documentation Of The Credit Pull From Mortgage Info Source. Any Help Would Be Great.

I was kind of hoping someone with some experience in this area would chime in for you. It's useful for all of us to learn how to handle these situations.

My best guess would be to dispute the Credit Inquiry with the CRA's. That you did not apply for credit with that particular Mortgage Lender and do not know why they pulled your Credit.

As a follow-up, maybe pay your BK attny to send the woman's Mortgage Company a threatening Letter. It seems to me, what she did was illegal in some way. If she pulled your Credit to verify you were qualified to purchase a motorcycle as part of a private deal, she abused her Corporate job priviledges of her employer. That Credit pull was in no way associated with a part of normal business functions or you applying for a loan with that company.

Maybe a threatening letter from an attny will make the Mortgage Lender ammend your Credit Reports with the CRA's.

Noticed A Unauthorized Inquiry that was done during our chapter 7 bk On Both Mine And My Wifes Credit Reports.we are since discharged and i am rebuiding our credit reports.i Did A Little More Digging. I Called Mortgage Info Source Who Pulled The Credit Reports And Was Informed That It Was Pulled Without Social Security Numbers All Zeros Were Placed In The Ss# Column. I Then Asked Them The Name Of Who Pulled The Report, It Was Someone I Knew From A Previous Deal Of Be Buying A Motorcycle From Them And Had No Other Dealings. I Then Called The Mortgage Company She Works For And Informed Them. They Said They Will See What They Can Do. I Have Been Denied A Mortgage Loan Twice Because Of This Inquiry. What Can I Do To The Mortgage Company That Employed This Person. As She Has Caused Me From Getting A Mortgage. What Leverage Do I Have. I Have Documentation Of The Credit Pull From Mortgage Info Source. Any Help Would Be Great.

I work for a mortgage company presently, and we are absolutely not allowed to pull anyone's credit without their permission.

I find it interesting that you have been denied a mortgage, because we encourage people to shop around, and it doesn't take the hit on your credit report, as people have been previously led to believe.

Call the manager of the mortgage company and have them investigate. They would be able to tell you the time and date of the pull, and should be able to track it down from there.

thank you for your imput.here is where i am at.i never gave this person any reason to run my credit. it was a quick she was selling it and i bought it deal simple as that. talked to mortgage info source who pulled the report for freehold financial holding in az. on both me and my wife.i stated to them today why would i apply for a mortgage during a bankruptcy. furthermore how did she get our info by putting all zeros instead of ss numbers in the request.they couldnt explain. they did mention the name it of who pulled it which turned out to be the person i bought the bike from. since i was on the wagon i called the vp of freehold financial on friday and explained what happened and gave him the report number which i was able to obtain from mortgage info source. he promised me he would have it removed and she would be fired and i would here from him today. well today is over with and i took care of the inquiry problem directly with mortgage info source. i then called the mortgage broker i am working with here in tn. she informed me that the inquiry did effect mine and my wifes score since it was a hard pull.we are using the wifes credit report to try to get a mortgage, her middle score is 573 and we still cant get approved. all because of this crap, since freehold financial couldnt give me a call today i am sending them a letter concerning both inquirys they did and my intent to sue for 1,000.00 for each violation. i am also filling a complaint with the ftc, please tell me if i am on the right track... once again thank you all for your help also if anyone has a letter i can use please email it to me at ate2596@aol.com

and thank you to this forum and everyone who belongs to this board for all the useful info i have been able to use in repairing my credit over 80 pointes in less then 3 months...

I would suggest, rather than an out right threat to sue for a specific amount, word the statement in a leading, yet open to interpretation way. Leading indicating that what you have planned is most definitely legal, but let their minds ponder exactly what you might do and for how much.

Ever notice children will administer a much harsher punishment than you would have if you let them decide??!!

And let them know that you are also informing the FTC. Maybe even include a copy of your letter to the FTC naming names and pointing the finger.

That might light a fire under their butts.

here is the letter i was working on everyones imput would be great


Date 4/24/06
To: Freestand Financial Holding Corp.
License #BK 0905940
3200 N. Central Ave. #2450
Phoenix, AZ 85012-2435

Re: unauthorized and illegal credit inquiries
MiSource Mortgage Information
Report # xxxxxx

Attn. Mr. xxxxxx/Office of the Administrator/ Executive Offices AND Legal Department

Dear Mr xxxxxx

I called your office on 4/21/06 and spoke to you personally. I informed you that this call was one last ditch effort to resolve the illegal activity on both mine and my wifes credit reports in which illegal activity was done by your employee /branch manager xxxx xxxx . I was promised a return phone call from you confirming that the illegal inquiries would be deleted and your branch manager xxxxx xxxx would be terminated without hesitation. Mr xxxxxx, since you did not find it to be an urgent matter and remedy this matter in the agreed time per our conversation I was forced to take matters into my own hands and contact MiSource Mortgage Information who pulls credit reports on xxxxxxxxxxxxxxx behalf myself and try to remedy the problem.
Not only was I able to confirm illegal inquiries were done by your employee xxxxx xxxx I was able to receive proof in writing via fax from MiSource Mortgage Information.
There IS cause for action on my part. Me and my wife have been denied credit because of this erroneous entry, lost opportunity and suffered financial damages on two occasions.
This is also a demand for $2,000.00 in damages sustained by your blatant and willful disregard (willful and negligent noncompliance) for State and Federal Law.
This is $1,000.00 for each violation which and its employees are responsible for.
NOTICE OF INTENT TO SUE

It is a well settled legal principle that all efforts to resolve a dispute must be exhausted prior to filing a lawsuit. This notice is to serve that purpose.

Your willful and negligent non-compliance reached diseased proportions a with your disregard for this matter. This notice is to inform you that legal action is now immanent.
The information you are supplying to MiSource Mortgage Information is inaccurate and has been reporting incorrectly on our credit reports since 12/30/05

Due to the blatant and willful violations I am currently in the process of filing complaints with the Better Business Bureau, the Federal Trade Commission and the Arizona State Attorney General’s Office. Your failure to cure this matter will result in a lawsuit, possibly filed in Federal District Court for Statutory, Compensatory and Unspecified Punitive damages, in demand of a jury trial.
I also intend to subpoena all of your people that I've already spoken with on the phone including yourself your receptionist and also MiSource Mortgage Information employees micky and mouse who furnished me with proof of the illegal activity concerning this matter in an effort to resolve this matter.
are in violation of (but not limited to) the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Defamation Of Character and Willful and Negligent Noncompliance, as well as the FTC's Unfair Trade Practices Act.

WARNING!

Section 1681s-2(b) of the Fair credit Reporting Act creates a cause of action for a consumer against furnishers of erroneous credit information (Nelson v. Chase Manhattan).


Final Offer To Cure

Send me the following documents via certified mail:

1) A letter stating that this derogatory information was reported to all 3 credit reporting agencies, and That all derogatory information will immediately and permanently be deleted from ALL credit files that are on mine and my wifes credit reports.
2) A copy of the Universal Data Form (UDF) and a statement that it has, in fact, been transmitted to Equifax, Experian, Trans Union,

Please don't further insult my intelligence by stating it may take 60-90 days. Your instruction, via fax, to CA1 and CA2 will take 10 minutes. They will spend 5 minutes filling out a UDF and another 5 minutes faxing it to the credit bureaus.

If you wish to notify me that you are agreeing to these terms of resolution you must send me a letter with your intent to me NO LATER than close of business May 9, 2006.

As you have seen, I keep very thorough records. Do I expect you to drop everything else you happen to be doing and resolve this immediately? ABSOLUTELY!
I have been fighting this damaging illegal activity for far to long and it needs to stop without hesitation. If you need to contact me in via phone I can be reached at . this letter will be faxed to your office as well as sent certified mail.
My lawsuit will be filed on May 10, 2006 if this matter is not resolved.

I look forward to your resolving this matter immediately, if not sooner.

Respectfully,

Wow bellagad, very impressive. They might offer you a job in there collection department LOL!!! Let me know if you get an out of court settlement.
I have a feeling they will ignore your letter and bet you won't sue. It is extremely expensive and there is probably little you can do to prove you actually sustained a loss because of it. Good luck with it.

I do have a question, is the mortgage company that pulled your report your own mortgage company? If so, you gave them permission to do so when you signed your mortgage, you just might now know it. Before you spend several thousands of dollars pursuing this in court, which your course of action indicates, (your probably looking at court/attorney cost in the 6 figures if you do everything you say), you might want to check your mortgage papers you signed. Mine clearly states they are able to pull credit reports from time to time.... many credit cards have that fine print on them as well.

Also, I see your extremely mad and flustrated, I suggest you might consider toning it down just a bit.

i dont own a house i am still renting. and when the credit report was pulled i wasnt even looking for a house. we didnt even consider buying a house until april. i also recorded all the conversations with everyone i spoke with. i have every intent to sue these idiots

Might I suggest you give them a much shorter time frame to respond than May 9th??

Something like 5 business days from receipt of your letter. Also send the letter via USPS Priority or Overnight.

There's a new signature delivery confirmation thing that's cheaper than the Green "return mail" card thing they stick on. This one is reddish pink and looks like the green Delivery Confirmation sticky.

The neat thing about the new reddish pink sticky is you can track it on-line AND once it's delivered you can request a copy of the signature of the person who signed for it via Internet. It's really kewl. You can print copies of the tracking and the actual signature from your own computer and save them to file as well.

Can you tell we have been dealing with a troublesome landlord lately??!! Guess how our rent payments get sent??!! Priority with the new Signature Delivery Confirmation so I can print out all the docs and keep them as proof for down the road. Must always CYA, most especially when you're dealing with people you know have already lied to you and cheated you once before.

i recieved a call yesterday from the vp of the company he said he would call me after he terminated the employee and had the illegal inquiry removed. needless to say he was supposed to call monday and when he did not i was forced to fix the problem myself. i faxed him the letter yesterday and he called again last night to tell me he never said he would call me back, when i asked him to confirm that he fired the employee in writing he changed the subject. i then said i have proof of our agreement and i played the tape and he then asked on how we could remedy the problem without dragging his company through the mud. i said if you read the whole letter i faxed and mailed to you it says that the intent to sue for 2,000.00 letter says it all. i then told him he could call again if he wishs to discuss a settlement, we will see what happens

i recieved a call yesterday from the vp of the company he said he would call me after he terminated the employee and had the illegal inquiry removed. needless to say he was supposed to call monday and when he did not i was forced to fix the problem myself. i faxed him the letter yesterday and he called again last night to tell me he never said he would call me back, when i asked him to confirm that he fired the employee in writing he changed the subject. i then said i have proof of our agreement and i played the tape and he then asked on how we could remedy the problem without dragging his company through the mud. i said if you read the whole letter i faxed and mailed to you it says that the intent to sue for 2,000.00 letter says it all. i then told him he could call again if he wishs to discuss a settlement, we will see what happens

Do you really want this individual terminated? Did you really get letters saying you were turned down for a loan because of 1 credit inquirey? Did your BK (assuming since your in this forum) not play any part of being turned down for a loan? I seriously doubt 1 credit pull kept you from a loan. Credit History / Income / Income/Debt ratio all come in to play way before credit inquireys. I'm just saying that I doubt a credit pull kept you from getting a loan, especially if it was just 1 credit pull.

I am not trying in anyway to say you don't have a case, people just can't pull credit reports up without a reason, but let's get real here. Did they fire the person, probably not. Are they going to, probably not. Is that what you want?

I am a mortgage broker and No one is allowed to pull your credit with out you signing and authorization stating so If this person did she can go to jail for this and you can sue the company. What they are doing in their company is illegal. I am so sorry that this mess up your credit. For the VP not to do anything about the issue that tells a lot about the company. I you need help improving your credit please let me know i can give you advice in how to improve your credit so you can get approve for a home loan. If you have any questions or concern please forward your email I will be more than happy to help.

i recieved a call yesterday from the vp of the company he said he would call me after he terminated the employee and had the illegal inquiry removed. needless to say he was supposed to call monday and when he did not i was forced to fix the problem myself. i faxed him the letter yesterday and he called again last night to tell me he never said he would call me back, when i asked him to confirm that he fired the employee in writing he changed the subject. i then said i have proof of our agreement and i played the tape and he then asked on how we could remedy the problem without dragging his company through the mud. i said if you read the whole letter i faxed and mailed to you it says that the intent to sue for 2,000.00 letter says it all. i then told him he could call again if he wishs to discuss a settlement, we will see what happens

On the other hand, it is illegal for him to update you on the status of the employee. He can only say that the issue is being dealt with and appropriate action will be taken. That employee has rights also. He should have never told you that he would fire the employee.

this is the reply i just recieved from the federal trade commission

Thank you for visiting the FTC's web page and for using our NEW electronic Talk To Us form. Here's what happened to your information after you sent it to us:
One of our consumer counselors reviewed the information you sent us. If it was related to the FTC's law enforcement responsibilities, we entered it into our shared law enforcement data system. We share this data system with law enforcement agencies throughout the United States and Canada. Attached is your electronic response, which includes your reference number. Any enclosures can be found at www.FTC.GOV under the News Releases, Publications, Speeches option.
Information from consumers like you helps Federal, State and Local authorities investigate possible illegal practices and enforce our laws. Someone from the Federal Trade Commission or another law enforcement agency may contact you if they need additional information to help them in an investigation.
Thank you for using our Talk To Us form, and please continue to use the FTC's web page, www.ftc.gov, to get free information to help you avoid costly consumer problems.

:clapping: :clapping: GOOD JOB!! :clapping: :clapping:

thank you....

samantha thank you for your kind words. and aa i have to say yes i do want this person fired and put in jail if possible,the employee lost the right to privacy when she tunred it into a criminal matter, and yes that one inquiry has effected my credit score and my wifes. so many people are un aware of how easy it is to damage someones credit. lets say i pulled your credit for no reason and caused you credit denial etc. wouldnt you like to be the one who threw the handcuffs on me. i went through enough stress just bringing myself to claim bk. and thanks to this board and what it has taught me in the past couple of months of non stop reading of the postings here i have been able to rebuild my credit. thanks to this board i now have a new truck and a credit card that wont kill me with charges. your post makes me think you condone this persons behavior. a professional in any business should be held to there responsibilitys. if she pulled mine and my wifes credit report and only god knows how many more without permission. and since arizona holds the highest id theft rate in america i say thats a issue, am i done yet no. the ftc just confirned i have a case and the az attorney generals office also thinks the same. the company has 13 days to settle or it is off to small claims court i go. and i have to say once again thanks to BANRUPTCYFORUM.COM it gave me the ammo and the cajunas to do this and do it the right way

samantha thank you for your kind words. and aa i have to say yes i do want this person fired and put in jail if possible,the employee lost the right to privacy when she tunred it into a criminal matter, and yes that one inquiry has effected my credit score and my wifes. so many people are un aware of how easy it is to damage someones credit. lets say i pulled your credit for no reason and caused you credit denial etc. wouldnt you like to be the one who threw the handcuffs on me. i went through enough stress just bringing myself to claim bk. and thanks to this board and what it has taught me in the past couple of months of non stop reading of the postings here i have been able to rebuild my credit. thanks to this board i now have a new truck and a credit card that wont kill me with charges. your post makes me think you condone this persons behavior. a professional in any business should be held to there responsibilitys. if she pulled mine and my wifes credit report and only god knows how many more without permission. and since arizona holds the highest id theft rate in america i say thats a issue, am i done yet no. the ftc just confirned i have a case and the az attorney generals office also thinks the same. the company has 13 days to settle or it is off to small claims court i go. and i have to say once again thanks to BANRUPTCYFORUM.COM it gave me the ammo and the cajunas to do this and do it the right way

When typing my response, I almost deleted it and didn't send it because I thought it might be mis interpreted. No, I don't condone the behaviour. I am not even sure how they got your ss # to pull a report? Never thought of identify theft. I will be starting the rebuilding phase soon and will use this forum for helpful advice. I have learned alot just going through the process of my Chpt 13. Keep posting your advice, I may not agree with the tactics, but then again, I may need to use them myself some day.

they never used our ss numbers it was done by putting zeros where the ss number would go,

How would they get a credit pull without a ss#? I don't understand.

niether do i but it was done and the company that pulls the credit reports for the mortgage company verified that it was...

Well Now I Need Some Advice About The Same Thing Bellaglad. My Husband Has 28 Inquries On His Report In The Last 90 Days And We Only Signed To Let Two Places Pull Credit So We Could Buy Our Truck. This Has Really Damanged His Score And We Are Trying To Buy A House But Can't Because Of This And Three Credit Cards That Are Not His. He Does Not Know Whos They Are. I Fell If We Could Clear This Stuff Up We Could Buy The House We Want. We Found A House That We Want Really Bad But He Needs A Boost In His Score.
Please Help!!!!!!!!!!!!!!!!!!!!!!

if you only went to 2 dealers and they pulled your credit report and all of a sudden you have 28 inquiries something is wrong. i purchased my truck in oct/05 and i actually shopped around letting the idiot dealers pull my credit like kids grabbing candy, had i known the damage then that they caused that i know now it wouldnt have happended. my wife had 54 inquires under 11 different names all because of the dealers. i had 22 of them. i am down to 6 and the wifes is down to 4. i did this in under 30 days also were you able to get a truck.?? send me a email to ate2596@aol.com and i will email you a ton of letters and duspute them all

Look,

I don't mean to be rude, but I am seriously wanting to laugh here.

ONE inquiry, is not going to get you turned down for a loan. Every day we get calls from people "shopping around" for a mortgage loan, and they have several inquiries, that day alone. One inquiry is not going to get you turned down, period. Chances are, it isn't even going to hurt your credit score!

If you feel that this was done illegally, that is one thing. However, to freak out and create stories about this is another. No one should pull someone else's credit without permission. It is against the law.

BTW-some subprime auto lenders will "outsource" your file to several different underwriters, and they will also pull thier own credit file. Be very careful when filling out applications for an auto loan, especially now, because you may very well be signing something that DOES give permission to other lenders to pull your credit.

Be more informed about credit, credit decisions, and about your individual credit file.

BTW-RCAGREEN- check into an identity theft issue!

there is always the one person out there who we call the one upper,tinroofrusted i am awarding you that title, first off i dont need to make any story up and could give a hoot less on your thoughts. are you telling me a hard pull from a mortgage company does not effect your score. if so you are wrong. and i have it in writing from the reporting agency telling me it does, and to be honest the ftc and az attorney generals office seem to think damage was done also, as i now have a case pending against the employee and the company. seeing as you are a mortgage lender i understand your one sided thinking. i have learned this much. there snakes in the lending business and they seem to be worse then the car dealers. only difference is they fly under the radar. bottom line is i hope by your comment people notice the slither marks left by only certain people your profession

Credit pull do lower your score, especially hard credit pulls. I have also heard that multiple pulls on the same day for the same "reason" such as an auto loan usually only count as 1 pull. Either way, once you reach a certain number of pulls, you score drops a few points. Experien actually has the plus score simulator, and you can change things in your file to simulate where you would be. Pulls is one of them. Doesn't seem to drop you score by much, but it does drop it some.

there is always the one person out there who we call the one upper,tinroofrusted i am awarding you that title, first off i dont need to make any story up and could give a hoot less on your thoughts. are you telling me a hard pull from a mortgage company does not effect your score. if so you are wrong. and i have it in writing from the reporting agency telling me it does, and to be honest the ftc and az attorney generals office seem to think damage was done also, as i now have a case pending against the employee and the company. seeing as you are a mortgage lender i understand your one sided thinking. i have learned this much. there snakes in the lending business and they seem to be worse then the car dealers. only difference is they fly under the radar. bottom line is i hope by your comment people notice the slither marks left by only certain people your profession


Bellagad, before you jump to conclusions, understand this. I have been a productive member of this board for over a year now. I also own my own credit repair company, and this was all long before I ever joined the mortgage business. (And for the record, I not only work in the bankruptcy department there, but I am not even a sales person; I work in processing! But I do know how credit reporting and scores work.) I pull credit, and I do credit analysis every single day....

I am telling you, that ONE HARD PULL, will MAYBE drop your score by a point or so. Period. Now in the other case of the auto dealers pulling it 28 times, that is going to cause some issues. ONE, however, will not, and I am sorry, but I am just having a hard time believing it. In the past year and a half, I have never ONCE seen or heard of anyone being denied credit due to one pull on their credit report. (In fact, we don't even look at pulls on someone's credit report!) Not to say that it isn't possible, but it sounds suspicious and more than a little strange to me.

Here's the truth. No one knows 100% how a credit score is determined. I bet employees of the credit bureaus don't even know. It's not public information, and the bureaus don't release it. There are estimates as to how a score is determined, but it is nothing set in stone.

I think you have a personal vendetta against this person that pulled your credit, and now you are following up on that. This whole thing just sounds strange.

I filed bankruptcy too you know. I do understand these things, and I know a lot about credit reports, repair, and a host of other information.

Credit pull do lower your score, especially hard credit pulls. I have also heard that multiple pulls on the same day for the same "reason" such as an auto loan usually only count as 1 pull. Either way, once you reach a certain number of pulls, you score drops a few points. Experien actually has the plus score simulator, and you can change things in your file to simulate where you would be. Pulls is one of them. Doesn't seem to drop you score by much, but it does drop it some.


One to two points is not that big of a deal... If it dropped it by 20, that would be something to be concerned about.

you dont have to put yourself on a wooden box for me and explain anything. you say i have a personal vandetta, and you are right that no one knows how a scored is lowered 100%. you say it is hard to believe. lets see if you believe this. i recieved a call from the president of the mortgage company last night and he said to me he talked to the employee and that she said i gave her permission.i asked when this was and he said dec 30th of 05. thats funny because i moved out of az in november. told the president he sounded like he was siding with his employee and i understood that seeing as he has assetts to protect and the only way we are going to solve this is to send me a letter stating he has terminated the employee and have a check for the requested amount that i demanded in my intent to sue letter. and yes now i will not stop until not only our credit reports are corrected until she is in jail since you are the
expert and even you agree no one really knows what damage is done. i have been in the repo business for a number of years now and know first hand how dirty people can be. for that reason alone i am glad i am using the the experience i have recieved from this board to persue this,

you dont have to put yourself on a wooden box for me and explain anything. you say i have a personal vandetta, and you are right that no one knows how a scored is lowered 100%. you say it is hard to believe. lets see if you believe this. i recieved a call from the president of the mortgage company last night and he said to me he talked to the employee and that she said i gave her permission.i asked when this was and he said dec 30th of 05. thats funny because i moved out of az in november. told the president he sounded like he was siding with his employee and i understood that seeing as he has assetts to protect and the only way we are going to solve this is to send me a letter stating he has terminated the employee and have a check for the requested amount that i demanded in my intent to sue letter. and yes now i will not stop until not only our credit reports are corrected until she is in jail since you are the
expert and even you agree no one really knows what damage is done. i have been in the repo business for a number of years now and know first hand how dirty people can be. for that reason alone i am glad i am using the the experience i have recieved from this board to persue this,




First it was the woman was fired, and now she's going to jail......

Last time I checked there were no laws about jail time and violations of the credit bureau, just a fine that was to be paid.

I think the only damage being done here is by a possible misunderstanding or misstatement that is being blown out of proportion by someone who, quite frankly, doesn't understand or even know what the hell they are talking about.

Yes, it is illegal for someone to pull your credit without their permission. However, they can not go to jail for this violation, they can only be fined. There is always the chance too that it was an accident. There are about 700 people in this country with my name. (first and last) My twin sister and I have a social security number that is one different from the other. It is highly possible (and assumable) that someone pulled your credit accidentally.

I know that you have said previously that this is impossible because it was done without a social security number, but I also don't know how in the world they even got your credit without the number. It is virtually and completely impossible to do.

Forgive me for being so incredulous over this, but your story is just way out in left field.....

since my story is out in left field and now you are a lawyer all of a sudden i see the mantality i am dealing with let me make it real simple. identity theft is a crime. and yes it is a felony. and yes she is being charged and the charge is sceme to defraud it is a e felony and holds a 1 to 4 year prison sentence. and since arizona holds the highest id theft in the country i see no problem with this going all the way, the illegal immigration problem in az has caused the justice system to go hard on any id theft cases. since i have on tape her telling her boss that i gave permission i see this as a cut and dry case. and yes you and i are taking this to a level i rather not go to. i know i have learned this much, i have to be real careful dealing with mortgage brokers and people in the profession. and since you say you are in the mortgage business instead of playing the laywer out in left field how aboiut directing me to a mortgage company that can actually work with me and not against me. if you dont know then please ask one of your alter egos. the laywer or the credit repair guy. maybe they would know, and as far as everyone and there mothers last name, a total of 11 people in the united states hold my last name and i am related to all of them,even the dead ones. as far as the ss number that has yet to be fiqured out but i assure there is no way in the world i would even give mine or my wifes ss numbers out especially since i am on the east coast and it was done a month after i moved, still a lot of pieces missing but i will get to the bottom of it regardless

since my story is out in left field and now you are a lawyer all of a sudden i see the mantality i am dealing with let me make it real simple. identity theft is a crime. and yes it is a felony. and yes she is being charged and the charge is sceme to defraud it is a e felony and holds a 1 to 4 year prison sentence. and since arizona holds the highest id theft in the country i see no problem with this going all the way, the illegal immigration problem in az has caused the justice system to go hard on any id theft cases. since i have on tape her telling her boss that i gave permission i see this as a cut and dry case. and yes you and i are taking this to a level i rather not go to. i know i have learned this much, i have to be real careful dealing with mortgage brokers and people in the profession. and since you say you are in the mortgage business instead of playing the laywer out in left field how aboiut directing me to a mortgage company that can actually work with me and not against me. if you dont know then please ask one of your alter egos. the laywer or the credit repair guy. maybe they would know, and as far as everyone and there mothers last name, a total of 11 people in the united states hold my last name and i am related to all of them,even the dead ones. as far as the ss number that has yet to be fiqured out but i assure there is no way in the world i would even give mine or my wifes ss numbers out especially since i am on the east coast and it was done a month after i moved, still a lot of pieces missing but i will get to the bottom of it regardless

I know several, actually.

Wells Fargo, Countrywide, Wilmington Finance (they are especially great), New Century, and the list goes on.

All of these companies have subprime financing, and are on the East and West Coasts, and have local companies to work with.

I won't even address the other issues. Now this woman has stolen your identity?! What next? Aliens are going to be beaming down new credit reports for everyone?

In all seriousness, what is your beef with this particular woman? Do you know her personally? Have you had previous business dealings with her before? (I have a feeling the answer is yes....) If this is something personal that you have with this woman, and not the matter at hand, it needs to be addressed, with this woman.

I think that you NEED to speak to an attorney, and one who is well-versed on identity theft. If they can find any permission, written or recorded verbal, that you gave them to pull your credit, then you are screwed on this one, to put it simply.

Sooooo,
According to what I UNDERSTAND.......

You purchased a motorcycle from this girl previously..... so, yes you knew her!!

One question - DID YOU HAVE THE MOTORCYLE DISCHARGED IN YOUR BANKRUPTCY??? And then move out of state???

She works for a Mortgage Company?....... who in turn (she) did a hard pull on your credit bureau making your credit score lower...... without a SS# ??

You supposedly have "on tape" her stating to her boss that you gave her permission to do the pull!!!! DID YOU TELL THESE PEOPLE YOU WERE TAPING THEM (before the conversation started) - IF NOT, IT'S ILLEGAL........... will not hold up in Court or be submitted in Court.

You stated that Oct 05 you were truck hunting with 2 dealers, then you had 54 inquires in your wifes name and 22 in your name.... I do believe that would have a great impact on your credit score!! Any contact with any mortgage company (house hunting) would result in a hard pull also.........

Bankruptcy itself leaves a great impact on your credit score........

Any financial paper with your SS# on it submitted for a loan, rent, mortgage, vehicle purchase, bank account, new drivers liscence, tags, registration, application for a cc card, would be subject to a credit pull.......

Now as far as the incident with the girl and the finance company. Did you finance the motorcycle thru this company.....???

You stated that all this started 3/21/06....................???? This is when you found out about it and contacted everybody. Okay, thats 7 days..........till today..........

And all this has happended.

You discovered credit pulls.
You contacted company and found out who did it.
You called company and made your demands...
You mailed letters to credit bureaus, financial company, Attorney Generals Office, FTC, etc.......
I'm sure the Attorney Generals Office and FTC would not yell "identity theft" without a proper investigation.
You have had several conversations on the phone with the President of the Company......
Now you have decided its Identity Theft....... and you want her in jail.

AMAZING............. 7 days - and ALL THIS.............. not hardly time for the mail to arrive, huh!!! Much less get an answer.......

Okay, you may have a case of identity theft.... who knows.

BUT YOUR STORY IS - UN-BELEIVABLE based on your time frame.......

I hope you do have a ID theft case..... too many get away with it.....

Only thing is "has she used your identity"???? If not, no case!!!

If this person did pull an unauthorized credit report, then yes she should be dealt with. Which is usually a fine..... and the company she works for will be fined also. Fired for it - I doubt it........

If she used this pull on your credit report for ID Theft purposes and "caused you expense" or charged to your accounts - yes its a feloney!

If she has not been using your SS#, name, address, phone, cc cards, etc - there is no ID THEFT involved.

In opinion,

TOO MUCH GOING, IN TOO SHORT TIME FRAME

But good luck anyways, if you think you have a case........

Credit rebuilding is hard, and "hard pulls" make it even harder!!

Also -
The members of this forum can understand and sympathize with your frustrations and the urge to reach out and choke somebody that has helped destroy whats left of your credit that bankruptcy didn't ruin.......

The members of this forum are not irresponsible, stupid people, and many of them are very knowledgeable in their fields. Many are professionals.........

We are here to listen, and offer suggestions................. to help if we can.... to get this problem resolved for you if possible.

There is NO EXCUSE for name-calling and rudeness if you do not agree with someone............

We understand your situation, sympathize with your problem, but we do not have to put up with your insults and rage that you are feeling these days!!

Food for thought,

another laywer in the house, maybe since i am now discharged i can go to that school to. as for taping the conversation you bet i researched the law before i did tape it, and your right i am frustrated. and then instead of getting advise i get the laywers and mortgage brokers coming out from under the rocks, but i do thank you for your input at least you deserve credit for the effort of involvement. as far as any damge which was caused, i have to ask you to look into your crystal ball and tell me,and she has been charged for this before that would be a good reason why they are calling me and trying to squash this, i will mail you a copy of the settlement when it is over....

bellagad, as Mini said, we sympothize with you. I have done some research on my own, and to the life of me cannot find where someone can do a credit pull without a social secuirty number. With all the John Doe's around, how can they know they are pulling the correct one with just your name? I do think it deserves investigation and fines if wrong doing is involved.

Sometimes we have to look in the mirror instead of a crystal ball to determine what our future is going to be. And sometimes we have to rewind our past to know why we are in the situation we are in. You credit score sucks because you filed bankrutpcy and have, since your discharge, obtained and used additional credit lines. If you accept this, you can live with less anger towards those your trying to borrow more money from. Don't expect the credit to flow as easily as it did pre-bk.

No, I'm not a lawyer, and not a professional money manager, or a mortgage expert. I am a common citizen who understands your flustration, but at the same time must say you cannot continue to go on blaming other people for not getting those loans you want now. Past money management is your biggest enemy right now.

I've been trying to stay out of this conversation; but if there's one thing we've learned (or should have learned) by being in debt is PERSONAL RESPONSIBILITY. Any of us could be teetering on the edge of our FICO score and it just takes one more push to get it over the edge. Blaming one person for destroying everything isn't taking any responsibility for your score before that.

Yes, she broke the law, but identity theft--IMO, that's going a little far.

**retreats back off soap box**

well i have to say aa, thank you for your kind words and for waking me up, i am reallly pissed about the whole deal because at no given time was she given permission. and any deal i had with her was a 1 2 3 transaction, someone commented about the motorcycle being in the bk. we are talking about a 50.00 p.o.s. that was in her garage. end of story,regardless of the fact with all my frustration and going back with other people on this board is of no use at all, aa put it the best way and whatever happens no one knows,even though i hated going into bk i have to say it made me aware of what goes on with a persons credit and i now take it very seriously. made a little to much but thats ok. thanks for everyones imput, i am now going to a steak dinner and stab my potatoes to get my frustrations out

bellegad,
You don't think I didn't go into a "RAGE" when the Trustee took my home and sold it because some A@@@@ at a mortgage company failed to file their lien 9 years ago and nobody knew.............

If I could have gotten my hands on the mortgage people and a Trustee, I would probably be in prison right now......

My home was seized, and sold, because of a clerical error made 9 years ago...... not because I filed bankruptcy, or surrendered it (I reaffirmed) BUT BECAUSE of a clerical error some fool made 9 years ago!!!!!

RAGE WAS NOT THE WORD............... I was devastated for almost 2 years till they sold my home..........

Every door I knocked on regarding it I got told "sorry about your luck, lady"..... the judge, US Trustee, Trustee and my attorney were all *******s........

Everyone made sure I couldn't due a Chapter 13 to save my home - they all saw $$$$$$$$$$$....

The mortgage company that made the error demanded that it go to auction..... as a creditor.....

No one knows more about RAGE than I do...... and I'm still fighting mad, but I'm also like you - I'M NOT STANDING STILL FOR THIS BEING DONE TO ME....

My BK case is over, my house was sold on auction block - and I was fortunate enough to buy it back from the people that bought it!!!

Now, I have a lawsuit pending...........I'm going after EVERYONE'S ASS, and I hope they got money in their pockets...........

It's called:

Lender negligence of a Title Company, Mortgage Company, and Bank
Malpractice of an Attorney
Abusing the Power of the postion of a Trustee

SO YES, I DO UNDERSTAND WHERE YOUR COMING FROM....

I understand the rage, the frustration, etc.....

If this girl has done the before - GO FOR IT........CLEAN HER CLOCK and go for feloney charges if called for!!! And force the company she worked for to make your credit report correct..... Be sure they too are fined....

If attorneys are on this forum, they don't practice law here..... and I'm sure there are a few lurking around. Lots of law students doing research pop in now and then.

Most of us are everyday "joes" and "working folk"..... who hard times have smacked us down for one reason or another.

Bankruptcy is the "hardest" thing in my life I have ever dealt with.... Even the death of family members was not this stressfull in my life.... and death is known to be very hard to deal with.

While in bankruptcy your hands are tied!! Your life is at the mercy of the Judge, US Trustee and Trustee - they own you body and soul.......... until they declare "its over"......

Good luck to you, do what you feel you need to do to solve the problem.... and make you life back right again....

Keep us posted on what steps you are taking and how it all is turning out....

Minny

During the last 2 years I have "busted" many a water balloon against the fence in the back yard.......................... each on with a name on it.....

The frustration has to come out, one way or another, cause it will eat you alive if it doesn't........

Works for me................. maybe not someone else.....

Minny

minnymouth thank you for your comment. i am mad and after i had a great dinner with the family i realized one thing. while yes i am the average joe i am also a person who doesnt take bull. but at the same time here is a dose of reality for me, the bk was a hard thing to do, and if it wasnt for a good friend pusing me i would never had done it, but at the same time since my discharge and learning everything i know now about credit i said to myself at 41 years old i am finally waking up to just how irresponsible i was with my finances over the years. bk is supposed to be a second chance. since i already failed once i refuse to do it again. and i will be damned if i am going to let some az tweaker try to damage my credit. while i am very frustrated i am also not going to let it rent space in the head, but what i will do is everything in my power to make sure this company is fined and she pays for her behaviour, what will happen i do not know but so far so good and i look forward to eventually getting into a house and a garage of course..... thanks again for your thoughts

I was told over, over, and over again by my attorney that my case was a simple Chapter 7, and THAT I WOULD NOT LOOSE MY HOME......

Well, thanks to my attorney, I did!!!! Even the Trustee said "blame your attorney for this!!!" - he should have seen this coming.....

Yes, the rage is internal, the frustration can be overwhelming....... AND BELIEVE ME, NO-ONE will EVER have me in this position again in my lifetime.....

My attorney lied to me to make his buck............... at my expense!! When he discovered he had made an "error" - he started covering his own ass..... he no longer worked in my best interest.... just "sorry about your luck, lady"......

Paybacks are going to be hell....... am I bitter - YES - 2 years of pure hell dealing with this has took it's toll on me and my health..... and health wise I'm not the same person I was 2 years ago..... physically or mentally......

The company that caused the major problem to begin with - came out smelling like a rose!!!!

They received house payments, interest, and $20,000 downpayment over 9 years....... then received half the proceeds of the sale and they never even had a lien....................... I LOST EVERYTHING...... including 9 years of improvements to the property in the tune of $15,000 or more.....

And this company just smiled and walked away.....

Yes, I'm going for BLOOD............. AND THEIR POCKETBOOK.......

Minny

if you need my sniper rifle let me know, i will even hold the ladder while you climb to the roof

Thanks for the use of the rifle - but I'm using a SHERMAN TANK when I start...... I intend to leave "lots of marks"......

Minny

well i guess my anger paid off this time. i recieved a letter today from the president of the company stating they would like to settle the issue and to call them. havent decided what to do as of yet. any advise would be great

If I were you, even though they may have been wrong. Go about handling this in an adult and professional manner. Request that they delete the negative inquiries from your file and send you a letter in writing stating the terms of the agreement. By being cruel you won't get anywhere. Place your terms of the settlement in writing, document everything (dates, times, mailed dates, etc.) so should they not handle things professionally you have back up. Again, I say don't go into it making threats, that will only make the situation worse. I hope you take this advice and we all wish you well.

i will take your advise since in there letter which was sent certified mail to me they did admit blame and it was signed by the president, they asked me to call but i am going to write a response letter to them and send it certified, before i was reacting before thinking. now i have thouight it out first and will handle it professionally. i will keep you posted, thanks for the advise

Very nice letter. Be sure to go back and correct those grammatical errors though.

a little update on the problem i was having. recieved a letter from the president of the company saying he wanted to settle the problem and if we could negotiate on a settlement. recieved a check for $1000.00 yesterday... thank you everyone for your advice

:yahoo: :clapping: :yahoo: WTG!! Bellagad!! :yahoo: :clapping: :yahoo:

Did they also remove the negative comments off your Credit Reports??

Even if they didn't, you've got that letter to flash to the Credit Reporting Agencies that they did make a mistake. Even if they didn't out right say so, the fact that they paid you cash money does say something. :D

i was told it would be removed within 30 days thats in 4 days, i also have the letter also so i will use that if i need to.

Good going, Bellagad. I'm glad this worked out for you. This goes to show you that no matter how negative others are, you have to do what you feel is right. If this woman didn't do anything wrong then the president wouldn't have sent you money.

You were right, and you won! Excellent!

thank you florida girl. she ahd to do something wrong. the arizona attorneys office sent me a letter telling me they were pursueing the matter. and it gets better i got a alert today saying i had a inquiry from patelco credit union. hmmmmmmm havent applied to them or even been on there website. i will call them tomorrow to see what the deal is,,,

Was this a hard pull I take it?

There are some unauthorized on mine but they are under "Promotional Inquires".

yes it was all 3

promotional cannot be seen by people pulling your credit reports as i have been told but you never know

a little update on the problem i was having. recieved a letter from the president of the company saying he wanted to settle the problem and if we could negotiate on a settlement. recieved a check for $1000.00 yesterday... thank you everyone for your advice

My GAWD man! you are my hero..serioiusly...WAY TO GO!!:yahoo: