Need to get inquiries deleted - fraud victim

[ngerasimatos]

I had multiple accounts that were opened fraudulently and got them all removed, however the inquiries are still showing. I asked for them to be deleted and the CRAs point me back to the creditor whom has said they cannot remove the inquiries, though they removed the fraudulent accounts, and point me back to the CRAs. Its an endless loop. How can I get these removed!?

[Anonymous]

It is up to the creditor who put them there to have them removed/recoded.  Why are they saying they cannot be removed?

What did you do to have the accounts deleted?

Do a search on here for Non-Permissible Purpose letter.  You may be able to reword it to fit your needs.

Have you filed a police report?  If so, I would send a copy of that along with the NPP letter to the creditor and see what happens.

If all else fails send them an Intent to Sue letter.

[ngerasimatos]

I have paperwork from the courts showing the people who were charged and sentenced for using my personal information. the creditors had no issue removing the fraud accounts, but the inq have stayed on the reports though.

[Anonymous]

Since you have very good documentation, I would send copies of this to the creditor.  Tell them that the inquiries were based on fraud and should not be on your CR. 

I would send copies to the CRA also and ask that the inquiries be removed.

Give them a week to remove them and if they are not gone, I would send out ITS letters to the creditor and the CRAs.

In the mean time, file complaints with the BBB, FTC and your states AG office.

[Anonymous]

so what do you do when the creditor are saying your name is not showing in thier system and its still showing in CRA report, i have about 42 with experian that i did not apply for but due to fraud.

[ngerasimatos]

Get written correspondence from the creditor saying as such and forward to the CRA

[RobertEG]

I like the approach offered by Guiness. 

If the account was delelted based on  fraud, it does not take a rocket scientist to determine that the inquiry they made in the initial step of their fraudulent activity was not a permisible pull under FCRA 604.  They must have also lied to the CRA by presenting a premissible purpose to the CRA when obtaining your CR.

Under FCRA 607(a), any party requesting your CR must certify to the CRA  that the request is a permissible pull under FCRA 604. Once they have done this, the CRA then provides the CR.  The fraudulent creditor thus violated FCRA 607(a) if they provided fraudulent reason for the inquiry.  If they violated FCRA section 607, then throw in the fact that by thereafter opening an account, they have also violated FCRA 604(f), which further stipulates that if a person uses a CR for any purpose that that they were not entitled to receive, that is is further violation of the statute.

I see why the CRA wont delete, but the fraudulent creditor is on serious grounds by not complying with your demand for immediate removal of the inquiries they made.

Sure, FTC and BBB compaints are an administrative  threat, but not a legal threat.  You have a court decsion to rely upon, so I would also threaten them with continued legal action.  Much more impact. To this end, I would also include in your letter to this "creditor" that, if you dont hear from them within xx number of days, you will file a motion back with the court that decided their fraudulent activity, asserting that you are still being harmed by their lack of total removal of any negative information in your CR related to to the judgemnt issued by the court, and that you will motion that court for a contempt order, with fees and damages.

[RobertEG]

Moving over to Moji's question, the very first thing you must do when asserting a potential credit fraud issue is to obtain what the FCRA calls, under FCRA 603(q)(4), an "identity theft report."  In plain English, this means that you must file a report with a law enforcemet agency (a "police report").

Once you have done that, you file a notification under FCRA 605B(b) with the CRA, including a statement of what you consider to be the information incorrectly reported, along with a copy of the "identify theft report" and a request that all information reported to them on this debt be immediately blocked from your CR.  They must then intiatiate this block within 4-days of your notification. Gone from your CR until resolved.