Capitol One and Soft Inquiry

pandmel · 12-11-2006, 01:45 PM

I just singed back up for Equifax Credit Watch Gold and found a soft inquiry from Capitol One. I do not have an active open account with them. I had a card with them at one time that I paid off and closed over two years ago. The soft inquiry was coded AR. I do not have an account for them to review.

Part of the FCRA states that an inquiry is permissible for :

(E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or

Is there any case law that supports this type of inquiry as Collection Activity, even though they may not have purchased an account of mine? Any account of mine that they possible would purchase would have been in default at the time the inquiry is made. I sent them an ITS for non PP and can only think that this would be the only way they could try to wiggle out if it.

You can view my ITS here...

Pandmel

JayinGR · 12-11-2006, 02:08 PM

Pandmel...what addy you sending it to? I have a direct addy at CO if you need it

pandmel · 12-11-2006, 02:11 PM

Quote:

Originally Posted by JayinGR

Pandmel...what addy you sending it to? I have a direct addy at CO if you need it

Yes please give it to me. I used webinfo@capitalone.com

Thanks,
Paul

centex · 12-11-2006, 02:27 PM

Am I reading this correctly- you sent an ITS through a generic email address? Please tell me that I am reading that wrong...

pandmel · 12-11-2006, 02:42 PM

Quote:

Originally Posted by centex

Am I reading this correctly- you sent an ITS through a generic email address? Please tell me that I am reading that wrong...

That and a personal email address, by Fax and FedEx.

The email address they gave is for consumer inquiries. That is how they choose to communicate with me and is acceptable on their website. I used the most expedient method. If that is how they chose to receive communication that is their prerogative not mine. It was not the only way but it does show that I tried to contact them prior to filing suit. In this electronic age if a company places an email address on their website for consumers to communicate with them it is actually better certification that the US Postal Service. Point in case. You can send CMRR to my home address and it will never show in the system that I signed for it. The ladies that work in my rural post office do not take the time to do that. I don't know why and I don't care.

Electronic verification of receipt is very powerful and an accepted form of communication. Written is written no matter if to a generic postal address or generic email address they are the one in the same if provided by that company as a selected medium for me to correspond with them.

Pandmel

centex · 12-11-2006, 03:13 PM

A website address for general consumer inquiries is not what I would consider optimal for communication, especially on something like an ITS. I would have spent the few extra minutes to find their general counsel and email it directly to them (the information is not that difficult to find).

But again, I am left with the impression that expeditious resolution is not what you were looking for but rather are hoping they *won't* respond to an ITS sent through a generic address. Meanwhile, in the hour and half since you posted, I would have already had this in the hands of general counsel and been discussing resolution...

jlynn · 12-11-2006, 03:17 PM

Quote:

Originally Posted by pandmel

Is there any case law that supports this type of inquiry as Collection Activity, even though they may not have purchased an account of mine? Any account of mine that they possible would purchase would have been in default at the time the inquiry is made. I sent them an ITS for non PP and can only think that this would be the only way they could try to wiggle out if it.

You can view my ITS here...

Pandmel

Are you saying that you think Cap One may have purchased a defaulted account of yours and is acting as a collection agency? Or are you trying to bring the FDCPA into the soft inquiry somehow?

VexatiousLitigant · 12-11-2006, 03:33 PM

jlynn · 12-11-2006, 03:35 PM

Quote:

Originally Posted by VexatiousLitigant

BWIH

What does that mean?

pandmel · 12-11-2006, 03:45 PM

Quote:

Originally Posted by jlynn

Are you saying that you think Cap One may have purchased a defaulted account of yours and is acting as a collection agency? Or are you trying to bring the FDCPA into the soft inquiry somehow?

Well according to FCRA potential purchasers of an account have PP. My question is if they does an AR inquiry constitute collection activity, since any account that they would purchase would have been in default? Even if they do not purchase or service the account?

Thanks for your help.

Pandmel

pandmel · 12-11-2006, 03:52 PM

Quote:

Originally Posted by centex

Meanwhile, in the hour and half since you posted, I would have already had this in the hands of general counsel and been discussing resolution...

Well somebodies at Capitol One have read the email and have seen the website as I have logged different IP address originating from Capitol One. The message has been delivered and received. I also sent it to a certain persons email address at Cap 1 as well as faxed and sent Fed Ex for PM delivery tomorrow.

I am sure some responsible party from Cap One will be in touch with me soon.

Quote:

Dear Pandmel

Thank you for your e-mail. We are dedicated to providing fast and accurate
responses to all incoming e-mails and make every effort to provide an
answer to all e-mail correspondence within 1 business day.

However, depending on the complexity of your specific inquiry, our reply
may take some additional time for research and resolution.

If you are writing to inform of a lost or stolen credit card, please
contact us immediately at 1-800-955-7070.

We appreciate your patience as we work to resolve your concerns.

Regards,

Capital One

Case ID xxxxxx

Pandmel

JayinGR · 12-11-2006, 03:53 PM

Capital One does have their own collection agency arm. They use the Capital One name to pull CR's of accounts they have purchased.

Their arm is "The Westmoreland Agency"

drivel · 12-11-2006, 03:59 PM

pandemel, what are you going to do with that huge settlement check?

pandmel · 12-11-2006, 04:09 PM

Quote:

Originally Posted by drivel

pandemel, what are you going to do with that huge settlement check?

LOL don't really know how huge it will be. Only asking for 1K. Think I ll buy some decorations for the Pine Christmas Tree and some candy canes for the neighborhood kids.

Pandmel

pandmel · 12-15-2006, 04:46 PM

Just had a phone call and email from a Cap 1 Litigation Specialist. Some interesting things she pointed out.

It is Cap 1's premise that they did not issue the inquiry. She said Equifax made the mistake not Cap 1 and they have documentation from EFX. I asked her to forward this documentation from EFX.

To me I find it amazing that they would even try to claim this that EFX initiated the inquiry and not them. I have fired off a letter to EFX asking them to confirm her story. I doubt they will.

Just amazes me that they even try to claim that.

Pandmel

JayinGR · 12-15-2006, 08:01 PM

Quote:

Originally Posted by pandmel

Just had a phone call and email from a Cap 1 Litigation Specialist. Some interesting things she pointed out.

It is Cap 1's premise that they did not issue the inquiry. She said Equifax made the mistake not Cap 1 and they have documentation from EFX. I asked her to forward this documentation from EFX.

To me I find it amazing that they would even try to claim this that EFX initiated the inquiry and not them. I have fired off a letter to EFX asking them to confirm her story. I doubt they will.

Just amazes me that they even try to claim that.

Pandmel

Pandamel......I highly doubt that the CRa did the inq on their own...It just does not make any sense although wierder things have happened.

pandmel · 12-15-2006, 11:43 PM

removed

spinn · 12-15-2006, 11:58 PM

Quote:

Originally Posted by JayinGR

Pandamel......I highly doubt that the CRa did the inq on their own...It just does not make any sense although wierder things have happened.

Im gonna be in trouble for thread jacking.....but

I have just learned from Jayingr that I before E except after C alslo applies to W

weirder is a linguists nightmare.....someone call YAP YAP

Sorry pandamel...back to the thread.