topic Re: Demand to prove auth or delete hard INQ in Rebuilding Your Credit

Demand to prove auth or delete hard INQ

jake619 — Fri, 15 Feb 2013 17:23:45 GMT

I sent off a letter to a utility company that HP'd me for services that could not be delivered due to technical issues. During the call there was no mention of a HP, but I did provide the Agent all of the pertinent info to do the HP. Basically, she never asked or told me it was going to happen.

I sent a letter requesting proof the Agent did in fact ask or tell me it would happen, defending my position that I would decline the HP had I been informed. It's almost been a month and I've received nothing. I did not send it CMRR. In the letter I mentioned if they could not prove the request was approved that I wanted the INQ deleted.

So what does a follow-up letter say? Who does it go to? How do I get them to delete it since it looks like they won't be getting back to me within 30 days?

Thanks.

Re: Demand to prove auth or delete hard INQ

RobertEG — Fri, 15 Feb 2013 17:44:31 GMT

The FCRA is constructed to provide business and credtiors the right to pull consumer's credit reports without the need to first secure their permission.

It does this by includion of section 604, which defines circumstances under which a party has permissible purpose to receive a consumer credit report without specific permission or pre-notice.

Section 604 lists as a permissible purpose as part of any business transaction that was initiated by the consumer a statement that they have a legitimate business need to assess the consumer's credit. They provided that statement to the CRA when requesting the CR. That is their legal statement of permissible purpose.

Notifying the consumer is a good business practice, but not a requirement of the process.

Disputes pertaining to credit inquiires are specifically exempted from the direct dispute process, so any letter you sent to them, even if identified as a direct dispute, does not compel them to conduct any investigation of the matter or verify its accuracy

Re: Demand to prove auth or delete hard INQ

jake619 — Sat, 16 Feb 2013 03:38:38 GMT

Thanks, Robert. My expectations have been reset, although it seems reasonable that any action a creditor can take which has an adverse implication against FICO scoring should mose certainly require direct permission. That doesn't seem too far fetched for any reasonable person to agree with. Sadly, I guess I may be stuck with those INQ's but I have a lot of stamps, and it only takes a minute to send off another round of attempts. This, I can afford!

As always, your posts are always well written with great citations. Thank you.