topic Re: Non Authorized Inq Letter in General Credit Topics

Non Authorized Inq Letter

Tuscani — Mon, 07 May 2007 18:15:08 GMT

Use the following letter to dispute non-authorized or non-permissiable purpose inquiries.

REMEMBER - This letter gets sent the company that placed the inquiry on your file, not the CRAs. Check the FCRA notation in the letter for more info on what is and isn't permissible purpose. As always, use any letter I share at your own risk.

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 Edited by Tuscani on 05-07-2007 01:13 PM

Message Edited by Tuscani on 05-07-2007 01:15 PM

Re: Non Authorized Inq Letter

Anonymous — Mon, 07 May 2007 18:07:51 GMT

Great letter ... just note the citation should be 15 USC § 1681n(a)(1)(B)

(with a "§" instead of a "?" ... symbols sometimes get messed up in transpostion)

Re: Non Authorized Inq Letter

Tuscani — Mon, 07 May 2007 18:15:39 GMT

masdeocho wrote:
Great letter ... just note the citation should be 15 USC § 1681n(a)(1)(B)
(with a "§" instead of a "?" ... symbols sometimes get messed up in transpostion)

Forum hosed the symbols. I fixed. Thanks for pointing it out!

Re: Non Authorized Inq Letter

Anonymous — Tue, 08 May 2007 23:29:51 GMT

Great letter! My only critique would be settlement terms of $500 plus deletion of the inquiry. Delete or recoding of the inquiry alone is good, but you might get a check along with it. Might as well let jack-a-holes like this pay your debts for you.

Re: Non Authorized Inq Letter

Tuscani — Wed, 09 May 2007 18:00:56 GMT

Noah_Bodie wrote:
Great letter! My only critique would be settlement terms of $500 plus deletion of the inquiry. Delete or recoding of the inquiry alone is good, but you might get a check along with it. Might as well let jack-a-holes like this pay your debts for you.

Screw that.. if you can catch them violating collect your $1000!!

Re: Non Authorized Inq Letter

Anonymous — Thu, 10 May 2007 01:26:39 GMT

$1000 in court, $500 if they do right before going to court. Court is always a gamble.

Re: Non Authorized Inq Letter

Anonymous — Thu, 10 May 2007 03:41:30 GMT

Have you really had success with this? I just pulled my "free" report yesterday from two bureaus and noticed inquiries, have no clue but I want to know what the heck they are doing and who the heck they are.

Thanks!

Re: Non Authorized Inq Letter

Anonymous — Thu, 10 May 2007 04:52:30 GMT

I haven't pursued any inquiries, but more than one CIC poster has gotten a settlement outta either CRAs, CAs, JDBs and OCs.

Re: Non Authorized Inq Letter

Tuscani — Thu, 10 May 2007 11:59:05 GMT

beach123 wrote:
Have you really had success with this? I just pulled my "free" report yesterday from two bureaus and noticed inquiries, have no clue but I want to know what the heck they are doing and who the heck they are.

Thanks!

YES!

Re: Non Authorized Inq Letter

Anonymous — Sat, 12 May 2007 13:29:24 GMT

Thanks - I'll see what happens...I am so glad this board and all of you are here to help out!

Re: Non Authorized Inq Letter

Anonymous — Sat, 12 May 2007 14:58:05 GMT

I have two hard inquiries from law firms that both ran my CB the day before court. Both judgments were vacated, and all information on my CB from these creditors is gone, except these inquiries. Two questions. One, is this considered a "permissable purpose" for pulling my credit? The law firms are neither the OC or the CA, and I did not apply for credit with them. Secondly, if they had PP, can I have them removed since the courts determined that both lawsuits were vacated, deeming them erroneous in the first place?

thanks for any help on this.

Re: Non Authorized Inq Letter

Tuscani — Sat, 12 May 2007 15:09:49 GMT

ekuzniar wrote:
I have two hard inquiries from law firms that both ran my CB the day before court. Both judgments were vacated, and all information on my CB from these creditors is gone, except these inquiries. Two questions. One, is this considered a "permissable purpose" for pulling my credit? The law firms are neither the OC or the CA, and I did not apply for credit with them. Secondly, if they had PP, can I have them removed since the courts determined that both lawsuits were vacated, deeming them erroneous in the first place?

thanks for any help on this.

Yes they had permissable purpose. Call and ask them to remove.

Re: Non Authorized Inq Letter

Anonymous — Tue, 22 May 2007 21:50:39 GMT

The letter I was looking for. Just what the doctor ordered. Thanks!

Re: Non Authorized Inq Letter

Anonymous — Thu, 07 Jun 2007 16:04:45 GMT

This won't work in a case where you were shopped, though, right? Because basically they do have permission?????

Re: Non Authorized Inq Letter

Tuscani — Thu, 07 Jun 2007 16:06:20 GMT

miz wrote:
This won't work in a case where you were shopped, though, right? Because basically they do have permission?????

Correct.

Re: Non Authorized Inq Letter

Anonymous — Wed, 20 Jun 2007 22:08:40 GMT

has anyone ever called thier local bank loan officer and just asked to remove the inquirey?

Re: Non Authorized Inq Letter

Anonymous — Thu, 21 Jun 2007 01:18:31 GMT

motoracer wrote:
has anyone ever called thier local bank loan officer and just asked to remove the inquirey?

Not exactly, but sorta.

Called EX about an address on my CR where I've never lived. They said it's associated with an INQ from BOA in October.

Visited BOA branch yesterday. They were focused on looking for accounts in my name that weren't mine and not as much on the inquiry itself. Could find NOTHING. No requests for CCs, LOCs, etc. No odd or strange accounts. Just checking and savings.

I called BOA today at the number showing on my EX CR. On the phone for 45 minutes, on hold for much of it, transferred several times, and nothing to show for it.

Started nice, remained calm, didn't yell or call 'em F***ers or anything. Finally asked about a BOA department that handles CRA disputes. Here's the gist of it from there.

Them: "You need to contact EX."

Me: "EX confirmed to me over the phone that BOA made the inquiry using this incorrect address."

Them: "You need to contact EX."

Me: "No, I mean when someone disputes what BOA put on a credit report, who do I talk to at BOA?"

Them: "You need to contact EX."

Me: "FCRA requires a creditor to investigate a dispute when the furnisher provides incorrect info."

Silence. On hold again for about 10 minutes. Legalism always changes the conversation.

Them: "Consulted with colleagues, you need to contact EX."

Me: "So you really want me to dispute with EX, in writing via CMRRR so it will stand up in court when we end up there, just so I can come back to BOA with a written dispute via CMRRR?"

Them: "Umm, ah, er, sir."

Me: "Because once there, if you refuse to investigate, that's willfull non-compliance with the FCRA, and I'll win easy. Those awards can go tens of thousands of dollars."

Them: "Sir, I didn't put you on hold to make you go away. I truly wanted to research this."

Me: "That's why I stayed on and why I'm documenting the time and length of the call. For court, if we get there. Are you willing to provide a reference # for this call? Or a name? First only? Or some pseudonym?"

Got a name and an offer of a supervisor's name and number. No need at this point. Hoped I could press them gently into deleting the inquiry, or recoding it and correcting the address.

No dice. Sent off a CMRRR dispute to EX. Step 1 before disputing with OCs under FCRA and then suing them is dispute with the CRA.

Re: Non Authorized Inq Letter

Anonymous — Thu, 21 Jun 2007 03:25:31 GMT

I thought you weren't able to dispute an INQ with the CRAs? I have one on my file from Wolpoff for someone at a different address. I sent them a letter and they haven't removed it as of yet. It ticks me off since they pulled a soft inquiry on a different CR when they got the letter but haven't removed it yet. I think it's ridiculous that an inquiry is shown with an address that you never lived yet, yet you have to jump through hoops to get rid of it.

Re: Non Authorized Inq Letter

Anonymous — Thu, 21 Jun 2007 05:17:24 GMT

FACTA amendment let you dispute ANY piece of information with the CRAs, even an incorrect address. There's no means under law to remove inquiries, even ones for which you didn't give permission and they don't have PP. Only legal recourse is to sue whomever pulled your credit without PP. The CRAs will often investigate inquiries and if the requester of your CR doesn't validate then the CRA will either delete it or have the requester recode it as a soft pull. Cuts down on the lawsuits against those who pull your credit without PP. And you didn't think CRAs were in bed with the OCs and CAs? Tsk, tsk.

Message Edited by Noah_Bodie on 06-20-2007 10:17 PM

Re: Non Authorized Inq Letter

Anonymous — Thu, 21 Jun 2007 14:11:44 GMT

Noah,

Do I have any recourse with TU then since I just called them and they said they couldn't investigate an inquiry? The guy said all I could do was contact the requestor.