HP after DC by creditor that was IIB.....legal?

[twono]

So i had a HP show up on my EX 2 days after my Ch. 7 BK.

The HP was a 'loan application'...which of course i did not do.

Just talked to the bank and they said, yup, we pull your credit whenever we want especially when a debt is written off due to BK.

She said it's in the fine print of the disclosure when i first opened my credit product with them, giving them permission to HP my credit as they please.

I said but, can you legally  HP my credit AFTER the debt was DC'd by US BK Court?  

She said she wouuld send me a copy of the disclosure.  A minute later, I called back  and left a message,  asking for a copy of the 'loan application' that i allegedly filled out since that is what they are claiming was the reason for the EX HP.  

Thoughts?  Is there anything that can be done?  If my acct was closed long before the DC and then IIB and DC'd, can a bank legally do that?  It seems after DC, the 'contract'/disclosure agreement is useless and not legally binding?

[Scupra]

I would have a quick chat with your lawyer on this one. My gut tells me that once it is discharged they have no rights to collect - which in my head means they shouldn't be pulling credit.

[twono]

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@Scupra wrote:
I would have a quick chat with your lawyer on this one. My gut tells me that once it is discharged they have no rights to collect - which in my head means they shouldn't be pulling credit.

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That's my feeling as well.  When i told her that  according to the the CFPB and my attorney, a financial institution cannot HP your credit after DC.  She had no reply other than to reiterate that she wouuld send me a disclosure agreement.

Funny how i didn't get a return phone call concerning me wanting a copy of the 'alleged' loan application since that was listed as the reason for the HP on EX.  Transferring false info to the bureaus has to be a violation.

[2b2rich]

If any debt that you had with them was discharged (your ch7 has been discharged and over with), and you have no other accounts/business with them, then I don't see how they can do a HP without your permission because you are no longer their customer.  I would imagine that original agreement with them went out the window with your discharge too because there are also disclosures on it that say they can do things like report to credit bureaus too, something they can no longer do other than the things allowed by a bk discharged debt.  There should be no clause in the agreement that states they can continue to run your credit even after you're no longer their customer.  I did have one pull my credit right after they were notified of the filing, but my case has not been discharged yet and I am sure that they have every right to at the moment.  I believe my creditor listed the reason though as 'review' and not 'loan application'.  

[Anonymous]

@twono - who is the creditor?

[Anonymous]

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@Anonymous wrote:

@twono - who is the creditor?

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I'm curious who this creditor is as well. I've heard of SP'ing at will once youre a customer....but HP'ing at will? No way. I've never heard of that. Who is it op? The rest of us need to steer clear. 

And I do think your DC BK voided any "right" they had to HP your credit. You are no longer their customer. 

[twono]

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[Anonymous]

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@twono wrote:

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wings?

[FireMedic1]

Once your debt is discharged in bankruptcy, your debtor-creditor relationship with Big Bad Bank and whomever else is over! Done. They’ve got no legal right anymore to be pulling your credit and bringing down your score. Contact your lawyer and advise them of this situation.