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Summary:
Big company pulled my credit without my authorization, I mailed them the PP letter and after 3 weeks they stated that the pull was an "error" and cleared it from EQ. But by doing so at the same day they cleared the original pull they pulled my history again from a different company TU.
I have wasted 4-5 hours of my time trying to get the first one cleared and over 300 cell phone minutes trying unsuccesfully clearing the issue without PP letter, now looks like its happening all over again.
Do I need to prove in SCC of actual damages (credit denied, higher interest rate etc etc.) or in 15 USC 1681n(a)(1)(B ) just the act itself is ground for successful SCC win?
What was the business relationship with them upon which they assert permissible purpose?
No relationship at all,
I just called to ask about their services and they asked me about my address which I provided but did not sign up. They already stated that they made the error but then pulled another hard inquiry.
Thanks
You may need to dispute this through the CRA?
Yes, if you dispute, you must use the CRA dispute process. Disputes related to credit inquiries are specfically exempted from the direct dispute process.
I would sugges that if you intend to dispute with the CRA, you not just send in a blind dispute of accuracy of the inquiry.
The sole issue under the FCRA is whether they had a permissible purpose under one or more of the provisions of FCRA 604. The issue of coding is not regulated by the FCRA. The consumer does not have in their possession a copy of the statement of permissible purpose submitted by the inquiree. It is difficult to argue their stated permissible purpose without knowing what it was.
FCRA 609(a)(1) entitles a consumer to any information of record in their credit file. Thus, I would first suggest sending the CRA a formal request for the statement of permissible purpose provided by the inquiree. You would then have basis to argue against it. Absent some factual contest, the CRA will most likely simply rely on the truthfulness of the submitted permissible purpose, and verify.
Secion 609(a)(1) requests must be accompanied by proof of your identity and the required processing fee, which is currently $11.00.