Unauthorized inquiry

[wynona01]

This morning my experience and transunion have a new inquiry. It is from an old collection that I paid off on January 13th, they agreed to do a PFD, and the account did get deleted off of my report. So why are they pulling my credit report? I still have the letter so I don't think they will put the account my report again. Since I did not authorize this inquiry is it possible I can dispute it because I don't need any unnecessary inquires on my reports when I'm getting ready to start shopping around for a mortgage lender.

[GordonShumway]

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wynona01 wrote:
This morning my experience and transunion have a new inquiry. It is from an old collection that I paid off on January 13th, they agreed to do a PFD, and the account did get deleted off of my report. So why are they pulling my credit report? I still have the letter so I don't think they will put the account my report again. Since I did not authorize this inquiry is it possible I can dispute it because I don't need any unnecessary inquires on my reports when I'm getting ready to start shopping around for a mortgage lender.

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Was that before or after Jan13th?

Can you have any other debt assigned to them?

I will not dispute. CRA treat inquiry as PP and it can't be removed (the CA paid them...)

I will send an inquiry to the CA requesting PP and follow up with a legal action and statutory damages under the FCRA in small claim is they don't respond within the time you allow.

I have filled multiple and have yet to actually go to court.

[wynona01]

No it showed up this morning AFTER i paid them. I do not have any other debts with them, thats why I found it to be so strange.

[OonaMission]

Send this non-PP letter to the CA. http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=3900

[RobertEG]

I like the letter to the CA, but would also not let the CRA off the hook.  I would also send the following letter to the CRA, in addition to the one sent to the CA:

This is a formal complaint of your apparent non-compliance with the provisions of FCRA 607.

The facts, briefly, are as follows.

You permitted, as a permissible pull of my credit report, access to my credit report to a collection agency, (name), and that inquiry was posted to my credit report on (date).   As of that date, the named collection agency had no pending debt with me, and no account posted in my credit report.

Thus, that had no permissible putll rights under FCRA 604

Under FCRA 607, you have the responsiility to maintain reasonable procedures to avoid improper pulls of my credit report.

What attempts were made by you to verify the identity and authority of this party to access this information, as required under FCRA 607(a), before you provided them my cresit report, based on no credit transaction intiated by me, as the consumer, and no collection activity autoriized to the collection agency?

I request immediate removal of this illegal inquiry from my credit report.

[Anonymous]

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@RobertEG wrote:

I like the letter to the CA, but would also not let the CRA off the hook.  I would also send the following letter to the CRA, in addition to the one sent to the CA:

This is a formal complaint of your apparent non-compliance with the provisions of FCRA 607.

The facts, briefly, are as follows.

You permitted, as a permissible pull of my credit report, access to my credit report to a collection agency, (name), and that inquiry was posted to my credit report on (date).   As of that date, the named collection agency had no pending debt with me, and no account posted in my credit report.

Thus, that had no permissible putll rights under FCRA 604

Under FCRA 607, you have the responsiility to maintain reasonable procedures to avoid improper pulls of my credit report.

What attempts were made by you to verify the identity and authority of this party to access this information, as required under FCRA 607(a), before you provided them my cresit report, based on no credit transaction intiated by me, as the consumer, and no collection activity autoriized to the collection agency?

I request immediate removal of this illegal inquiry from my credit report.

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I'd take it one step further and go for the $1k statutory damages plus costs.  Small claims court is your friend!

[RobertEG]

I like the thinking of O6. 

I would first sugggest, however, that you build any small claims action you contemplate on first sending the two letters suggested above... the one to the CA who made the illegal pull, and the other to the CRA who provided your CR based on this illegal pull.  That is powerful legal documenation that will almost assuredly make your case rock solid.