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Unauthorized hard inquiry - please help

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gary4872
Regular Contributor

Unauthorized hard inquiry - please help

At the beginning of this year, I was tasked with finding a credit card processor for the company I work for. Part of the conditions of our applying to these companies was that we will not provide personal guarantees from the officers of the company and will not provide social security numbers. In place we would gladly provide 3 years of audited corporate financials and bank references.

I found a company that would attempt to open our merchant account with the caveats listed above. I sent in the application and put myself and my boss (President and CEO) as the two contacts under "Owner/officer information." I did not include either of our SS#s. We went back and forth for a bit and, in the end, they still wanted a personal guarantor regardless of the financials (I believe the agent told us in the beginning they could try using the financials and no guarantor just to try and get our business), which we will not do. I told them to close the application and return our financial statements.

I now am checking TC in more detail and see that the company pulled a hard inq from exp on 1/31/08. Do I have any recourse other than asking them to remove it?
Message 1 of 11
10 REPLIES 10
Anonymous
Not applicable

Re: Unauthorized hard inquiry - please help

are you 100% sure you didn't sign anything giving them autorization to pull. if not search for a non-permissable purpose letter and see if that suits your need.
Message 2 of 11
Anonymous
Not applicable

Re: Unauthorized hard inquiry - please help

Non-PP Puller Company
Address
City State Zip Code

 

To Whom It May Concern:

 

I have noticed that you have placed an inquiry on my _________ credit file dated ________. As you probably know, Credit Reporting Agencies treat inquiries as a statement of fact and will not allow a consumer to dispute them. Since it is against federal law (Fair Credit Reporting Act -- 15 USC § 1681n(a)(1)(B) for an entity to view a consumer’s credit report without a "permissible purpose," I am writing to inquire as to your alleged purpose for doing so since I did not apply for employment with your organization nor did I request credit from your organization.

 

[Describe any additional details about the inquiry here if need be. For example, your a subscriber to XXXX monitoring service and XXXX company pulled a "hard inquiry" on one of your reports.]

 

Based on the evidence in my possession, this inquiry was performed under false pretenses as described in the clear language of the law. 15 USC §1681n(a)(1)(B ) states, in part, "in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;"

 

You are civilly liable to me in the amount of $1,000.00 for your willful violation of the law -- performing a "hard inquiry" on my __________ file without my permission. I do hope that we can settle this matter amicably. You can remove the inquiry within one (1) business day of the receipt of this notice. Or, we can meet in court where you will end up removing the inquiry, paying me the civil liability fine, punitive damages for my score drop, plus court and attorney fees. The choice is up to you.

Please contact me immediately at the address listed below.

 

Sincerely,

 

Consumer
Address
City State Zip Code

 

Message 3 of 11
kamila7
Contributor

Re: Unauthorized hard inquiry - please help

So what do you do if they don't respond, and its been two weeks and still no change on CR's, wait the month out? Send something else? Sue? How?
Message 4 of 11
kamila7
Contributor

Re: Unauthorized hard inquiry - please help

bump...any advice?
Message 5 of 11
Anonymous
Not applicable

Re: Unauthorized hard inquiry - please help

Kamila - you have to wait the full 30 days before you can move forward with any action. At that point, if CRAs have verified, you can send MOV and move forward from there.
Message 6 of 11
Anonymous
Not applicable

Re: Unauthorized hard inquiry - please help



ivyalmighty wrote:
Kamila - you have to wait the full 30 days before you can move forward with any action. At that point, if CRAs have verified, you can send MOV and move forward from there.


This is when you dispute with the CRAs.
 
You can not dispute inq with CRA.
 
I've only used the letter once, just sent it out on Friday..........if they don't respond, you can either let it go or file in court. I don't know of any other option. File complaints.
 
You might start a new thread "What to do when no reply to Non-PP letter". You'll get more answers.
Message 7 of 11
Chanduwar
Frequent Contributor

Re: Unauthorized hard inquiry - please help

sidewinder

How do you send this letter CMRRR? Do you sign it? Do you have to include your information?
Message 8 of 11
gary4872
Regular Contributor

Re: Unauthorized hard inquiry - please help

Thanks all for the thoughts and advice. In the meantime, I have been in contact via email with the rep from the company that we were originally working with. I figured I would first try to just ask them to remove it. He responded:
 
Call the credit agencies and file a dispute. I guess it shows up as <<Company name>>. they will in return mail us a letter and we will say it was a mistake.

Can I actually dispute an inq with the CRA?
Message 9 of 11
thotgal320
Frequent Contributor

Re: Unauthorized hard inquiry - please help

Sidewinder I sent this letter CMRRR to two company's and both failed to respond. So I guess my question should I get a lawyer or just file a complain? I know one of them Riddles&Associates who did a hard inquiry is a lawyer who is trying to collect on an old first premier account and I also asked for validation and of course failed to respond to that as well. What should be my next step since it is still on my CR.
Message 10 of 11
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