topic Re: Suing creditor for unauthorized HP? in General Credit Topics

Suing creditor for unauthorized HP?

Fico2Go — Thu, 19 Dec 2013 02:15:23 GMT

If a creditor inquires a HP without permission, what should be done?

Let's assume that request to remove has been ignored. What rights do consumers have in this situation? Can we sue them and for how much?

Re: Suing creditor for unauthorized HP?

Anonymous — Thu, 19 Dec 2013 02:22:14 GMT

Nothing really.

Having a relationship with them generally constitutes permissible purpose.

Re: Suing creditor for unauthorized HP?

Anonymous — Thu, 19 Dec 2013 02:23:01 GMT

Okay, I'll bite.

Who was the creditor? What were you looking for? Did you do it on line where there might have been something you overlooked reading, or check marked? Was it on the phone?

Re: Suing creditor for unauthorized HP?

myjourney — Thu, 19 Dec 2013 02:24:37 GMT

@Anonymous wrote:
Nothing really.

Having a relationship with them generally constitutes permissible purpose.

Nothing you can do but suck it up sorry

Correct +1

Re: Suing creditor for unauthorized HP?

Fico2Go — Thu, 19 Dec 2013 02:29:28 GMT

It's not any creditor in particular. I was just discussing credit with several colleaques today. The discussion got into SPs and HPs.

It seems by definition of "relationship" any creditor in the past that you have applied for credit from can HP for any reason at anytime. This seems wrong for some reason.

What about situations involving past bill collectors or employers or rental agencies where you have authorized a credit check one time? Can they continuously HP you for the rest of your life?

I can understand SP from past creditors where relationship was established. But for HPs?

Re: Suing creditor for unauthorized HP?

myjourney — Thu, 19 Dec 2013 02:32:38 GMT

Any creditor with an open account can HP you

CA's have also used this method

Re: Suing creditor for unauthorized HP?

Anonymous — Thu, 19 Dec 2013 02:32:59 GMT

Only in America do we see someone asking how much punitive damage compensation they are entitled to receive if their lender who provides them a non-collateral large sum loan checks their credit report.

Sigh....

Re: Suing creditor for unauthorized HP?

RushXTC — Thu, 19 Dec 2013 02:33:48 GMT

Yeah, This sucks... Now a days it's lawsuits everywhere... Over stuff that doesn't matter much.

Re: Suing creditor for unauthorized HP?

Fico2Go — Thu, 19 Dec 2013 02:47:09 GMT

If it will help everyone breath better there was a FOXnews special awhile back about a guy who makes his living suing creditors and setting up telemarketing companies for breaking laws. I thought there was a law for the credit industry that fines $1000 per violation. Not sure if this involved credit inquiries.

But after reading some of the posts on this forum it seems some banks CSR are lying to people about HP and SP. It might not sound like a big deal to people that don't need it.. but for those entering or restarting the credit building mode one single HP or in some cases 10 unathorized HPs can cost consumers loss of opportunities.

Just a thought ... no judges allowed.

Re: Suing creditor for unauthorized HP?

Anonymous — Thu, 19 Dec 2013 02:51:04 GMT

Perhaps I am out of line, OP, but here it goes any way.

Judging by the name you use as your forum handle, I gather that you're young. 21. That doesn't mean that I think that you're dumb or irresponsible, though I know plenty who were at that age, including myself.

Your age tells me though, that you have limited experience with credit because you've only really been eligible for the last few years. That's okay though. You came here because you want to make a change, gain knowledge and do things differently to fix your credit.

However, your posts tell me that you might not understand how credit works and that there are absolutely NO quick fixes. The mistakes you've made, they will take a lot of time to un do. A lot of time. I'm not suggesting that you are doing anything wrong in your posting, you're doing every thing right in seeking guidance. It's a matter of trying to buckle down, and do the work required. You can not be impulsive with credit. You're going to need to pay down your debts, and probably pay off your negative accounts. The hard part is paying out money for items when you want that money for new things, or new credit, but it's what you're going to need to do, if the accounts are in debt, and old. Some of your accounts are probably recent enough that you might have better luck than most, if you work to get them taken care of now.

Creditors are not going to extend you trust when they see what happened to the folks that have done so already in the past. The creditors were not at fault for extending you credit, you were at fault for accepting it, at a time when you couldn't manage it. It happens. It happens a lot, to many of us. The situation you find yourself in now though, is that you need to either correct those issues and take responsibility for them, or keep trying to find ways out of them with out paying for them.. and frustrating yourself.

Read through these forums. If you have a question, it's possible someone has asked it in some way before you. Try to think to yourself first, before asking something if it is prudent, and the right thing to do. No one here is going to give you shady advice that relieves you of your responsibilities. They will only try to help you if someone else is doing something illegal.

If you are comfortable, lay every thing out in the credit building forum. Your scores, your current baddies- their amounts, dates, and who the creditors are. From there you'll get a lot of help on fixing them one by one. However, you are likely going to have to pay money out of pocket for some of them if you really want them fixed.

Again, if this is perceived in a way that sounds offensive and not well meaning, I apologize to you, and I ask that a moderator removes it. What I really want out of all of this though, is a concrete way to help answer all or most of your questions at once (or at least for someone knowledgeable to be able to do so)

Re: Suing creditor for unauthorized HP?

Anonymous — Thu, 19 Dec 2013 02:54:30 GMT

@Fico2Go wrote:
If it will help everyone breath better there was a FOXnews special awhile back about a guy who makes his living suing creditors and setting up telemarketing companies for breaking laws. I thought there was a law for the credit industry that fines $1000 per violation. Not sure if this involved credit inquiries.

But after reading some of the posts on this forum it seems some banks CSR are lying to people about HP and SP. It might not sound like a big deal to people that don't need it.. but for those entering or restarting the credit building mode one single HP or in some cases 10 unathorized HPs can cost consumers loss of opportunities.

Just a thought ... no judges allowed.

There are a lot of people in collections and what not that do shady things that are against the law. The Fair Debt Collection Practices Act limits what a debt collector can say or do, but it's human nature .. some people will do the wrong thing hoping to not get caught and get around it, and there are some people that specifically will look for those kinds of people. You aren't wrong to inquire about it but you can certainly research the topic here and on the net for that information. It is absolutely true. There are a lot of lawsuits and stories to back you up on that about those kinds of debt collectors. There are, however, creditors and collection agents that actually will do every thing they can to work with a debtor/ consumer to get things straightened out also.

Re: Suing creditor for unauthorized HP?

Anonymous — Thu, 19 Dec 2013 03:12:50 GMT

@Fico2Go wrote:
It's not any creditor in particular. I was just discussing credit with several colleaques today. The discussion got into SPs and HPs.

It seems by definition of "relationship" any creditor in the past that you have applied for credit from can HP for any reason at anytime. This seems wrong for some reason.
What about situations involving past bill collectors or employers or rental agencies where you have authorized a credit check one time? Can they continuously HP you for the rest of your life?

I can understand SP from past creditors where relationship was established. But for HPs?

A past creditor has no permissible purpose for a HP. Only current creditors that you have a business relationship with and that includes collection agencies that hold one of your debts.

Once an account has been paid and closed, no creditor has permissible purpose.

Also, the OP is asking a question that deserves a nonjudgmental response. We are here to help them learn and benefit from the knowledge on the boards.

Re: Suing creditor for unauthorized HP?

Fico2Go — Thu, 19 Dec 2013 03:12:14 GMT

Notfancy, your second response was much in line with what I was expecting. I won't go as far to say that you are completely wrong but I have this belief that if you make an assumption you will more than likely be wrong 99% of the time. In your case, I would say at least 50%.

Having said that I am a bit over 40 ( you were half correct. ) and I have not had any debt in almost 20 years. I was probably one of the first people to use check cards in the early 90s.. today they are called debit cards.

I don't know where or how you arrived with your assumptions but I do know that you mean well. Lately I've been spending a little too much time on the forum and have found some great information that may be of use for personal and business.

Back to the original topic, I am looking for information from people with experience in mitigating HPs where credit files have been accessed without permission. To extrapolate on this let's assume person A has had his identity stolen.or due to fraud a mistaken identity resulted in Person Bs credit file to mix with Person A's.

Many months and years down the road Person B ( as a result of file mixup ) person A's terrible payment history or bill collection accounts merged with Person Bs.

After many months of attempts to resolve this issue Person A's former creditors continue to pull credit on person B's file.

Has this every happend to you? I BET NOT. But it does happen and is the purpose of this topic.

Re: Suing creditor for unauthorized HP?

Fico2Go — Thu, 19 Dec 2013 03:20:50 GMT

To add to this discussion a colleaque of mine is currently in need of seriouse help. A creditor whom he has no knowledge of has pulled his credit multiple times in one week.

Before you give me the ONLY IN AMERICA passive compassion talk please be mindful that what you regard as the dumbing down of America can actually be a real life dire situation for others.

Re: Suing creditor for unauthorized HP?

Anonymous — Thu, 19 Dec 2013 03:23:44 GMT

Is it a collection agency? A creditor?

Re: Suing creditor for unauthorized HP?

Anonymous — Thu, 19 Dec 2013 03:26:01 GMT

@Fico2Go wrote:
Notfancy, your second response was much in line with what I was expecting. I won't go as far to say that you are completely wrong but I have this belief that if you make an assumption you will more than likely be wrong 99% of the time. In your case, I would say at least 50%.

Having said that I am a bit over 40 ( you were half correct. ) and I have not had any debt in almost 20 years. I was probably one of the first people to use check cards in the early 90s.. today they are called debit cards.

I don't know where or how you arrived with your assumptions but I do know that you mean well. Lately I've been spending a little too much time on the forum and have found some great information that may be of use for personal and business.

Back to the original topic, I am looking for information from people with experience in mitigating HPs where credit files have been accessed without permission. To extrapolate on this let's assume person A has had his identity stolen.or due to fraud a mistaken identity resulted in Person Bs credit file to mix with Person A's.

Many months and years down the road Person B ( as a result of file mixup ) person A's terrible payment history or bill collection accounts merged with Person Bs.
After many months of attempts to resolve this issue Person A's former creditors continue to pull credit on person B's file.

Has this every happend to you? I BET NOT. But it does happen and is the purpose of this topic.

I apologize if my comments were incorrect in any way, and in some portions I may have confused your wording/syntax with another poster's in my memory. That is completely on me. I do mean well, and I'm glad you were able to see that.

To try and understand your wording for this issue (I need clarity as it's been a long week) , lets say I stole your identity (Person B), you , person A, has tried to fix this to no avail.. and today you looked at your credit report and saw an old creditor or debt collector of person B has pulled your report again, you are wondering your recourse?

I'm guessing that you as person A would probably have to file a police report and put fraud alerts on your credit report before you could do anything to try and mitigate your damage through litigation... but that's really just a guess on my part.

Again, I apologize though because before posting this I realized that indeed, I believe I did mix you up with another poster who had posted things in a similar way of a similar nature but the situations were vastly different and more personal than hypothetical.. so I shouldn't have made the remarks that sounded personal... how ever well intended.

Re: Suing creditor for unauthorized HP?

myjourney — Thu, 19 Dec 2013 03:28:24 GMT

@Fico2Go wrote:
To add to this discussion a colleaque of mine is currently in need of seriouse help. A creditor whom he has no knowledge of has pulled his credit multiple times in one week.

Before you give me the ONLY IN AMERICA passive compassion talk please be mindful that what you regard as the dumbing down of America can actually be a real life dire situation for others.

CO & CA are sold each and everyday so because he/she does not recognize the name doesn't mean it's not their debt.

They need to research the debt via DV

Again if the debt is theirs a CA can pull CB's because that permissible purpose was included when they bought the debt

Pulling that many in a week is excessive tho

Re: Suing creditor for unauthorized HP?

Anonymous — Thu, 19 Dec 2013 03:35:01 GMT

Is your friend sure it is a hard pull and not a soft pull?

Re: Suing creditor for unauthorized HP?

Fico2Go — Thu, 19 Dec 2013 03:36:56 GMT

Myjourney, that's correct. I thought it was too many as well. It is borderline harrassment and/or abuse of one's credit file.

Guiness, I am not sure if it's a CO or CA. I believe he said it was a collection company.

Notfancy, not offense taken here. A person intending harm would not spend time to write in such detail.

Only in America do we have the opportunity to help others in need. Hopefully there's someone here with the experience to offer some enlightenment.

Re: Suing creditor for unauthorized HP?

Anonymous — Thu, 19 Dec 2013 03:40:05 GMT

Send your friend to this forum!

@Fico2Go wrote:
Myjourney, that's correct. I thought it was too many as well. It is borderline harrassment and/or abuse of one's credit file.

Guiness, I am not sure if it's a CO or CA. I believe he said it was a collection company.

Notfancy, not offense taken here. A person intending harm would not spend time to write in such detail.

Only in America do we have the opportunity to help others in need. Hopefully there's someone here with the experience to offer some enlightenment.