Inquiry from creditor after discharge

[ArnoldIsMyIdol]

I was looking at my credit report and one of my creditors ran my credit 2 weeks after I was discharged. I don't think they have a permissible purpose for this. Unless they were checking to see if BK discharged but shouldn't they be checking with the court and not my credit?

[tinroofrusted]

They do not.

You can now demand $1000 fine and demand that the inquiry be removed.

[ArnoldIsMyIdol]

http://www.ftc.gov/os/statutes/fcra/greenblt.htm:

"Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured."

Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of $1,000 within ten (10) business days.

In addition, your company is violating the law by not correctly reporting my discharged debts to the credit bureaus.

FTC OSC section 607, item 6 states: "A consumer report may include an account that was discharged in bankruptcy (as well as the bankruptcy itself), as long as it reports a zero balance due to reflect the fact that the consumer is no longer liable for the discharged debt."

You are reporting the following erroneous facts:
My auto loan On Equifax and Experian shows a balance of $3,560. You also have coded the payment status as "Charge Off" on Experian and "Bad Debt" on Equifax. The balance should read $0, and payment status should indicate "Included in Bankruptcy". You also indicate the car was repossessed which is false. The report should indicate a Voluntary Surrender. Also, on Equifax the account is reported as still being open.
You show a balance of $988 on Equifax, coded as "Bad Debt", and $988 on Experian coded as "Charge Off". Again, the balance should be $0 and status should say "Included in Bankruptcy."
On Equifax and Experian you show a balance of $1,065, also coded as "Charge Off".

The inaccurate information you have placed on my credit report creates a cause of action for damage to my credit. I expect you to transmit accurate information to Equifax and Experian within ten (10) business days.



Very truly yours,

ArnoldIsMyIdol

[ArnoldIsMyIdol]

Has anyone here actually collected that money? I'm curious to see if it works.

Here is someone who did

http://creditforum.org/showthread.php?s=&threadid=229

[ArnoldIsMyIdol]

any comments on the letter? any changes I should make? I'm going to fire this thing off certified mail today.

[BassBoy]

Great find. Something like this should be a sticky for all to see and possibly use. Hey, can you charge late fees when they do not pay by the due date.......ROFL!

[ArnoldIsMyIdol]

Great find. Something like this should be a sticky for all to see and possibly use. Hey, can you charge late fees when they do not pay by the due date.......ROFL!

lol Yeah there is alot of good info on that site, I constucted my letter using her example. Too bad the site is shut down for future posting.

[BassBoy]

I did the late fee thingy once before and it worked. What I mean is, that once I made the late fee a stiff penalty (and I mean really stiff), the money was in my account the next day. But that's a whole other story.

[ArnoldIsMyIdol]

I did the late fee thingy once before and it worked. What I mean is, that once I made the late fee a stiff penalty (and I mean really stiff), the money was in my account the next day. But that's a whole other story.

You actually said you would charge them a late fee?

[BassBoy]

ABSOLUTELY! However, this was a different situation. It wasn't from a credit inquiry. It was all together different. Anyways, what could they do? If I was late with my payment, they charged me a late fee, so why not give them a taste of their own medicine. You know, they are not as powerful as one may believe they are.