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Capital One Question

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Rkalynsmith
Regular Contributor

Capital One Question

Didn't know where to post this so sorry in advance if this is the wrong place. Back in June/2013 I did the pre approval with cap1 and was told per there website it wont be a hard inquiry. Was only offered a secured card and applied for it in aug/2013. They hard pulled me both times and won't take it off my credit report. I'm only asking them to remove the June/2013 inquiry. Spoke with a higher up supervisor for the 3rd time after my request was denied 2 times. Was told I was 100% correct  and to send a letter in this time stating the issue. 2 days later I receive a $50 GW credit on my account for my troubles.  Should I bother disputing it again? I have yet to dispute it with the CRA but now I don't see any other options. What should I do? 


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Message 1 of 11
10 REPLIES 10
notfancy
Valued Contributor

Re: Capital One Question


@Rkalynsmith wrote:

Didn't know where to post this so sorry in advance if this is the wrong place. Back in June/2013 I did the pre approval with cap1 and was told per there website it wont be a hard inquiry. Was only offered a secured card and applied for it in aug/2013. They hard pulled me both times and won't take it off my credit report. I'm only asking them to remove the June/2013 inquiry. Spoke with a higher up supervisor for the 3rd time after my request was denied 2 times. Was told I was 100% correct  and to send a letter in this time stating the issue. 2 days later I receive a $50 GW credit on my account for my troubles.  Should I bother disputing it again? I have yet to dispute it with the CRA but now I don't see any other options. What should I do? 


Hiya! I think there was a little confusion on your end maybe. Doing the prequalification to see what cards you're approved for is a soft inquiry. However, actually then applying for one of them (or any card in general) results then in a hard inquiry. Cap 1 is even worse because they'll pull all of your credit reports where as often, the other lenders will generally only look at one report. I'm sorry that you had applied thinking that it was a soft pull though. Smiley Sad

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Message 2 of 11
notfancy
Valued Contributor

Re: Capital One Question

okay I just re read your post- did you apply for the secured card in June- but then decided not to put down the deposit? Or did you only just do the pre-qual and put your application in, in August?

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Message 3 of 11
Rkalynsmith
Regular Contributor

Re: Capital One Question


@notfancy wrote:

okay I just re read your post- did you apply for the secured card in June- but then decided not to put down the deposit? Or did you only just do the pre-qual and put your application in, in August?


I didnt apply in june for anything. I did the pre approval to see what cards they suggest i apply for which the only option was the secured card. I applied for that one in aug. The pre approval website stated it wouldn't affect my credit but it did since it was a hard pull on all 3 CR


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Message 4 of 11
RobertEG
Legendary Contributor

Re: Capital One Question

What do you mean by you "did the pre-approval"?

 

When the creditor sent you a firm offer for credit based on having obtained your name from the CRA, that is specifically prohibited under the FCRA from showing in any credit report issued to others (i.e., the CRA must record it as a "soft" inquiry)

 

If, after receiving their offer, you ever "initiated a request" for credit, that becomes authorization for them to pull your entire credit report, which can be coded as "hard."

The issue then becomes simply whether your "doing of the pre-approval" was an inititated request for credit.

Asking for terms most likely would be, as their promtional pull did not provide them any account-specific information.  in order to evaluate your request, they would need to pull your entire CR.  That, to me, would be a permissible hard pull as a consumer intitiated request for credit.

 

If you decide to pursue a dispute, you cannot dispute directly with the creditor, as the direct dispute regs exempt any dispute pertaiining to credit inquiries.

Your dispute would need to be via the CRA.  The CRAs generally check only to see if the requestor provided a stated permissible purpose, which in this case was most likely as a consumer inititated request for credit.  Thus, you would need to address the issue of how your request to them could not be considered as an initiation of credit.

 

Message 5 of 11
takeshi74
Senior Contributor

Re: Capital One Question

(nm)
Message 6 of 11
Rkalynsmith
Regular Contributor

Re: Capital One Question

 

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Message 7 of 11
Rkalynsmith
Regular Contributor

Re: Capital One Question


@RobertEG wrote:

What do you mean by you "did the pre-approval"?

 

When the creditor sent you a firm offer for credit based on having obtained your name from the CRA, that is specifically prohibited under the FCRA from showing in any credit report issued to others (i.e., the CRA must record it as a "soft" inquiry)

 

If, after receiving their offer, you ever "initiated a request" for credit, that becomes authorization for them to pull your entire credit report, which can be coded as "hard."

The issue then becomes simply whether your "doing of the pre-approval" was an inititated request for credit.

Asking for terms most likely would be, as their promtional pull did not provide them any account-specific information.  in order to evaluate your request, they would need to pull your entire CR.  That, to me, would be a permissible hard pull as a consumer intitiated request for credit.

 

If you decide to pursue a dispute, you cannot dispute directly with the creditor, as the direct dispute regs exempt any dispute pertaiining to credit inquiries.

Your dispute would need to be via the CRA.  The CRAs generally check only to see if the requestor provided a stated permissible purpose, which in this case was most likely as a consumer inititated request for credit.  Thus, you would need to address the issue of how your request to them could not be considered as an initiation of credit.


Why not? I read somewhere that it's best to dispute directly. *Confused*


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Message 8 of 11
TeeGee
Contributor

Re: Capital One Question

Capital One has a little test on their website..."Which card should you apply for?"  that is probably what the OP meant and notfancy answered.

 

If he actually applied for a secured card one time and got hard pulled twice that's wrong and the sr person at Capital One seemed to agree with you.  Did he/she say they would contact the CRA's and remove that one extra hard pull?  That is probably what they are referring to in your sending them a letter - you reference your conversation with the person you spoke with and tell them they need to contact the CRA's and removed the one hard pull because they are the ones that put it there.

 

When I asked for a GW removal of a "paid for less than the balance" baddie, Capital One was the agency that removed it from all three CRA's.  I believe they are the only ones that can do it but correct me if I'm wrong.  


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Message 9 of 11
RobertEG
Legendary Contributor

Re: Capital One Question

The implementing rules for the direct dispute process specifically exempt direct disputes pertaining to credit inquiries.

The reason is that a credit inquiry is not the furnishing of information to a CRA, it is just the opposite..... it is a request to see what others have reported.

Direct disputes are sent to furnishers to challenge the accuracy of their credit reporting.

Additional items, such as disputes related to public record information and personal identifier information, are also excluded from the direct dispute process.

 

In distinction, disputes directed to a CRA broadly include "any information of record in the consumer's file" and thus can include information related to a request to receive your credit report.

 

See 16 CFR 660.4(b)(1)(iii).

Message 10 of 11
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