topic Re: Lied To About Hard Inquiry in General Credit Topics

Lied To About Hard Inquiry

FicoTron — Sun, 02 Oct 2011 18:57:00 GMT

I have had an Orchard/HSBC card for a year now and called two days ago to see about a CLI...I specifically told the rep that if a hard inquiry was involved that I DID NOT WANT TO MOVE FORWARD! He insisted that it was a soft pull and then told me he couldn't give me an answer and I would recieve something by mail in 7-10 days. Today I found out that they pulled a hard inquiry on Equifax. What can I do about this? I WILL NOT stand for it...

Re: Lied To About Hard Inquiry

FicoTron — Sun, 02 Oct 2011 18:58:02 GMT

just wanted to add that I understand that I can dispute it...I am talking about handling this over the phone...should I just come straight out with telling them that they are violating FCRA laws?

Re: Lied To About Hard Inquiry

MarineVietVet — Sun, 02 Oct 2011 22:18:21 GMT

@FicoTron wrote:
I have had an Orchard/HSBC card for a year now and called two days ago to see about a CLI...I specifically told the rep that if a hard inquiry was involved that I DID NOT WANT TO MOVE FORWARD! He insisted that it was a soft pull and then told me he couldn't give me an answer and I would recieve something by mail in 7-10 days. Today I found out that they pulled a hard inquiry on Equifax. What can I do about this? I WILL NOT stand for it...

I understand your frustration but I'm not sure what you can do. If the conversation wasn't recorded and there was no written agreement it's a "he said, he said" situation. Plus a first line CSR might not even know the difference between a hard and soft pull.

But I hope you're able to do get this fixed.

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Re: Lied To About Hard Inquiry

Anonymous — Mon, 03 Oct 2011 00:43:36 GMT

Same thing happened to me earlier this year. Citi refused to delete the inq because it was still related to a CLI request. Most CSRS just don't know the difference.

At this point it's safe to assume any customer initiated CLI request will result in a hard pull.

Re: Lied To About Hard Inquiry

RobertEG — Mon, 03 Oct 2011 03:32:42 GMT

You definately cannot dispute any issues relating to credit inquiries by way of the direct dispute process, as they are explicitly exempt from that process.

16 CFR 660.4(b)(iii). So any dispute would be limited to the process through the CRAs.

As for the type of inquiry, the FCRA treats them all the same, except for promotional inquiries, so there is no FCRA basis upon which to dispute the administrative coding reported to the CRA. The CRAs rarely get involved in matters relating to credit inquiries, except for the statutory requirement that the inquiree certify as to a permissible purpose under FCRA 604.

Best bet is to handle it informally by way of communications with the inquiree.

Re: Lied To About Hard Inquiry

LIGHTNIN — Mon, 03 Oct 2011 11:02:11 GMT

Maybe you can try to talk, with the CSR supervisor...............That may help you.

Re: Lied To About Hard Inquiry

cdtotten — Mon, 03 Oct 2011 13:23:58 GMT

The biggest problem seems to be that most CSRs do not understand the difference in soft and hard inquiries and their effects. She might not have been intentionally lying to you, she might just have been ignorant. In this case though, you requested an increased extension of credit, which provides the CCC with permissable purpose to pull your credit. There is no reason to remove the inquiry, as it is valid. However, that doesn't mean that you can't contact a supervisor and see what they can do.

Many people complain on these forums about hard inquiries, extremely rare to see one removed or recoded.

Re: Lied To About Hard Inquiry

Imhotrodcrazy — Mon, 03 Oct 2011 17:11:04 GMT

A couple of years ago, I started to sign up online for the Schwab brokerage firm. Half way through it, I decided against it so I tried to back out of the system before I completed the transaction, but it would not let me do so. The only way I could get out was to shut my computer down. I did this before I accepted their terms, which included giving them permission to pull my credit report. The next day I received notice that I had a hard inquiry from them. I immediately disputed the inquiry and it was removed within a few days. They had no legal grounds to pull my report without my permission.

Re: Lied To About Hard Inquiry

FicoTron — Mon, 03 Oct 2011 19:28:59 GMT

well I have begun the steps to see if I can get it taken off...so far I have spent over an hour on the phone with worthless reps who just kept saying that they can't help me and pushed me to another department. This happened 3 times, so I had to re-explain the situation to each person. Luckily, with each level of people I went through, their english got better, until finally I was talking to a lady who spoke perfect english. She told me to fax a copy of my inquiries section of my CR and a letter stating the situation with all prevalent information on it. I am faxing it out today. I am going to fight this to the death, so I'll keep this thread posted.

Re: Lied To About Hard Inquiry

GregB — Mon, 03 Oct 2011 21:09:47 GMT

@Imhotrodcrazy wrote:
A couple of years ago, I started to sign up online for the Schwab brokerage firm. Half way through it, I decided against it so I tried to back out of the system before I completed the transaction, but it would not let me do so. The only way I could get out was to shut my computer down. I did this before I accepted their terms, which included giving them permission to pull my credit report. The next day I received notice that I had a hard inquiry from them. I immediately disputed the inquiry and it was removed within a few days. They had no legal grounds to pull my report without my permission.

I realize you aren't happy about that but I can tell you that I am VERY happy with Schwab. I have accounts with 3 other brokerages.

Re: Lied To About Hard Inquiry

Imhotrodcrazy — Tue, 04 Oct 2011 01:40:05 GMT

@GregB wrote:
@Imhotrodcrazy wrote:
A couple of years ago, I started to sign up online for the Schwab brokerage firm. Half way through it, I decided against it so I tried to back out of the system before I completed the transaction, but it would not let me do so. The only way I could get out was to shut my computer down. I did this before I accepted their terms, which included giving them permission to pull my credit report. The next day I received notice that I had a hard inquiry from them. I immediately disputed the inquiry and it was removed within a few days. They had no legal grounds to pull my report without my permission.
I realize you aren't happy about that but I can tell you that I am VERY happy with Schwab. I have accounts with 3 other brokerages.

GregB,

I have heard good things about Schwab from others, and I am glad you haven't had any problems with them. I guess it must be my old age, or maybe just my generation, I don't know. But, when things like that happen in business it irritates me and I tend to turn away from that business. I guess I am just a little quirky. I am glad it worked out for you.

Re: Lied To About Hard Inquiry

mxp114 — Tue, 04 Oct 2011 04:18:21 GMT

It's a good idea to freeze your reports, that way you know for certain that they can't pull a hard.

Re: Lied To About Hard Inquiry

FicoTron — Tue, 04 Oct 2011 19:12:28 GMT

I just assumed that flat out telling the rep about six times that I did not want to be considered if it were going to be a hard inquiry was enough...I will get this taken off, I did not authorize it.

Re: Lied To About Hard Inquiry

cdtotten — Wed, 05 Oct 2011 17:37:22 GMT

I wish you good luck in that process; unfortunately, you don't have much of a leg to stand on though. Despite the CSRs ignorance, credit card companies who you have an open account with can pull your credit every day of the year without your permission if they wanted to, and it wouldn't violate and credit reporting laws.

Re: Lied To About Hard Inquiry

Anonymous — Wed, 05 Oct 2011 18:04:22 GMT

@FicoTron wrote:
I just assumed that flat out telling the rep about six times that I did not want to be considered if it were going to be a hard inquiry was enough...I will get this taken off, I did not authorize it.

Unfortunately, you did. You gave them permissible purpose when you became a customer of theirs. Further, you called and requested them to extend more credit to you, which is most definitely permissible purpose. Regardless of anything a rep promises you, the law is on the company's side. There is no legal distinction between a hard pull and a soft pull. Of course, sending them a letter explaining the situation and (courteously) asking them to remove the inquiry isn't a bad idea, but do not get your hopes up.

Re: Lied To About Hard Inquiry

FicoTron — Wed, 05 Oct 2011 18:12:07 GMT

i faxed them a letter and a copy of my inquiry report from EQ. they said they will listen to the recording and make a decision...

Re: Lied To About Hard Inquiry

Anonymous — Fri, 07 Oct 2011 23:44:44 GMT

Any news?

Re: Lied To About Hard Inquiry

FicoTron — Mon, 10 Oct 2011 20:57:28 GMT

unfortunately no news yet, but still waiting...I disputed it as well with EQ

Re: Lied To About Hard Inquiry

cdtotten — Tue, 11 Oct 2011 13:34:35 GMT

For future warning, disputing an inquiry will always result in it being validated. Your asking the CRA if an inquiry is correct, they contact the company that reported it who obviously feels it is, so they confirm it.

Re: Lied To About Hard Inquiry

llecs — Tue, 11 Oct 2011 13:57:06 GMT

Fraud alerts too, especially with EQ. And in some rare cases, the TL can get closed and/or deleted.