Argument w/EX

duke731 · 03-22-2007, 04:21 PM

I can't believe I just got off the phone with EX reg 7 inquiries on my report that I wanted deleted/or re-investigated as well as other bits of information that was inaccurate.

I recently ordered a cr and expalined to the rep, that my name was spelled several different ways, my dob was incorrect and that their were 2 addresses listed that I never lived at. She corrected the mis-spellings, the addresses and the dob. When I asked her how something like this could have happened she said that sometimes when someone with a similar name or address applies for credit but does not include a ss #, they link it to someones information that is similar. I then moved to the inquiry section and mentioned I saw 7 pulls that I did not recognize. She said the first one was pulled using one of my former addresses. I then asked if it was a correct former or incorrect former. She didn't say but repeated that it was pulled using a former. When I asked to spk to her supv or the Fraud Dept, she refused saying the reps have to decide if fraud was involved before they forward any call and she did not believe fraud was the case. When I asked why since their were so many inaccuracies and that their were pulls that I did not recognize or authorize, she said that just because the consumer did not recognize information or that information does not match, it is not considered fraud. She also asked if I ever filed a police report. I replied no. Then she asked if I ever put an alert on my file. I replied yes. She said it only lasts 90 days then I have to renew. I explained I was unaware. I then asked again to spk to her Supv or the Fraud Dept. She said her supv was not avail and that she believed fraud was not involved. I expalined I lost one of my credit cards a month or two ago, had it cancelled and was issued a new one.
My next move as to get her to re-investigate the pulls and notify me. She said that I have to contact the creditors that made the pulls because the FTC is strict about them doing anything. That's when I became livid and told her it was THEIR job to first re-investigate and let me know the findings. She gave me some push back but I again asked to spk to her Supv or the Fraud Dept. She refused saying her supv was not avail but would have her Supv call me back with 24-48 hours and that she did not believe fraud was involved. I can't believe this woman, Vickie, was so hard nosed. Any advice on how to handle or what to do next?

Thanks

Qtip · 03-22-2007, 05:06 PM

Quote:

Originally Posted by duke731

I can't believe I just got off the phone with EX reg 7 inquiries on my report that I wanted deleted/or re-investigated as well as other bits of information that was inaccurate.

I recently ordered a cr and expalined to the rep, that my name was spelled several different ways, my dob was incorrect and that their were 2 addresses listed that I never lived at. She corrected the mis-spellings, the addresses and the dob. When I asked her how something like this could have happened she said that sometimes when someone with a similar name or address applies for credit but does not include a ss #, they link it to someones information that is similar. I then moved to the inquiry section and mentioned I saw 7 pulls that I did not recognize. She said the first one was pulled using one of my former addresses. I then asked if it was a correct former or incorrect former. She didn't say but repeated that it was pulled using a former. When I asked to spk to her supv or the Fraud Dept, she refused saying the reps have to decide if fraud was involved before they forward any call and she did not believe fraud was the case. When I asked why since their were so many inaccuracies and that their were pulls that I did not recognize or authorize, she said that just because the consumer did not recognize information or that information does not match, it is not considered fraud. She also asked if I ever filed a police report. I replied no. Then she asked if I ever put an alert on my file. I replied yes. She said it only lasts 90 days then I have to renew. I explained I was unaware. I then asked again to spk to her Supv or the Fraud Dept. She said her supv was not avail and that she believed fraud was not involved. I expalined I lost one of my credit cards a month or two ago, had it cancelled and was issued a new one.
My next move as to get her to re-investigate the pulls and notify me. She said that I have to contact the creditors that made the pulls because the FTC is strict about them doing anything. That's when I became livid and told her it was THEIR job to first re-investigate and let me know the findings. She gave me some push back but I again asked to spk to her Supv or the Fraud Dept. She refused saying her supv was not avail but would have her Supv call me back with 24-48 hours and that she did not believe fraud was involved. I can't believe this woman, Vickie, was so hard nosed. Any advice on how to handle or what to do next?

Thanks

I would have hanged up the phone and immediately called them back. Sometimes you get CSR that are idiots. Call them back and simply state that you want to dispute some inquiries. Repeat the process untill you find a csr willing to help.

roybean · 03-22-2007, 05:06 PM

I always ack people if they are looking at the hard copies of reports...online is good for monitoring, but you NEED the paper copies and then do your disputing in writing.

jlynn · 03-22-2007, 05:12 PM

Are these pulls in the hard inquiry section or the soft inquiry section?

If these are hards then you could write a letter to the companies that pulled your report without your knowledge, and ask them what their permissible purpose was. If you view your cr online, the name of the company should be a hyperlink that when clicked will show their mailing address.

If they are softs, then are you opted out?

duke731 · 03-22-2007, 05:16 PM

Hey Roybean,

Thanks for the response. I had a hard copy when talking to the rep and while I was speaking with her a little voice said "hang up on her and call back". I should have done that. But I figured she may be taking notes and the next rep would see them and just pick up from there. I should have listened to that little voice. But I will call back. Thanks again.

jlynn · 03-22-2007, 05:17 PM

I wouldn't waste my breathe calling EX...that's just my humble opinion. I would reduce everything to writing.

duke731 · 03-22-2007, 05:22 PM

Thanks jlynn,

These are hard pulls. I wrote the companies instructing them to delete. I wonder how to handle if they respond the same way EX did or not at all. Any suggestions?

Duke731

roybean · 03-22-2007, 05:28 PM

I think there is an 800 number that you can call to put yourself on alert and as I said, above...I would do my disputing in writing!

duke731 · 03-22-2007, 05:32 PM

jlynn,

I just got off the phone with EX again. Same response. Told me to contact the creditors. When I asked aren't they supposed to investigate, they said no. I am supposed to contact creditor and ask why credit pulled. They also said that by law the information must stay there until a creditor contacts them. This is BS! Am in The Twilight Zone?

duke731 · 03-22-2007, 05:34 PM

Will do Roybean. Thanks

jlynn · 03-22-2007, 06:09 PM

Quote:

Originally Posted by duke731

jlynn,

I just got off the phone with EX again. Same response. Told me to contact the creditors. When I asked aren't they supposed to investigate, they said no. I am supposed to contact creditor and ask why credit pulled. They also said that by law the information must stay there until a creditor contacts them. This is BS! Am in The Twilight Zone?

There are arguments on both sides of the issue. Some say it is a statement of fact, and that if the pull did occur they must report it, otherwise the CRA would not be in compliance with their reporting requirements.

Other side of the fence is that the FCRA says that anything on your report is disputable.

Regardless, this is an ageless battle. EX will not budge. You will have to go to the pullers.

stargazer0725 · 03-22-2007, 07:04 PM

Tell them that 15 USC 1681i(a)(1)(A) states that a reinvestigation is required "if the completeness or accuracy of ANY item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer".

An inquiry is considered an item on your report, plain and simple...just the same as your personal information and credit history. Tell the next CSR that the refusal to investigate these items is a violation of the FCRA. Let them know you're not falling for their typical blow-off BS.

Actually, feel free to notify them in writing CMRRR...that way if they continue to blow you off, you have grounds to sue the pants off of them.

From what you were describing, this could be a straightforward case of identity theft and they should be proactive about conducting these investigations, otherwise they could find themselves on the opposite side of a courtroom from a sympathetic Plantiff. They're just being stupid because they think they can get away with it.

And Jlynn, I agree that the pull ocurred (and I'm not a proponent of disputing inquires for the heck of it), it's just that the OP didn't request the credit pull, so it's not an accurate accounting of his search for credit.

duke731 · 03-22-2007, 10:22 PM

Stargazer,
I think I've just entered The Twilight Zone or it's Ground Hog Day because I called again and spoke to a different rep. I told her my problem. She basically told me the same thing but was a bit more specific. She said they only investigate trades. If that's the case, why would they correct my other info; dob, incorrect addresses and name mis-spellings. She had no response only to say that they do not investigate inqs. When I brought up FCRA 1681i (a)(1)(A) and read it back to her, she stated that only applies to actual trades, not inquiries. I'll just put it in writing. If they respond with the same BS; "contact the creditors", my next step will be small claims court. To be continued.....

Pale Rider · 03-22-2007, 11:12 PM

You should check FCRA 609 (a) 3 & 5 before proceding. They must disclose to you all inquiries made for your report when you ask for a copy of your file. You can dispute "any item of information", but that will only consist of the checking your file and saying "Yep, that user got a copy. Next." I hate to say it, but in this case they are absolutely correct. Even if the inquiry is due to fraud or error, it is a statement of fact, and they must disclose it to you upon requesting a copy of your file. However, there is no rule saying if they can disclose these inquiries to anyone else (except prescreening inquiries that must be soft), so you may be able to get them recoded so that no lender can see them.

The point here is that just because it is on your report does not mean that others will see it on the copy pulled by a lender. Unless you can prove these inquiries must be soft AND someone saw them that shouldn't have, I really don't think you have a case. You should focus on other more important issues.

jlynn · 03-22-2007, 11:17 PM

You do realize you are dealing with $7 per hour phone drones? They aren't allowed to think for themselves.

While you may not like the "BS contact the creditors" statement, if you would read and study the FCRA in regards to permissible pulls, you might not be thinking it was really BS information.

EX will not budge on the inquiry issue. Small claims is not going to do much for you. Most small claims courts can only award monetary damages, but provide no injunctive relief. If you really want to put the FCRA to the test, and create case law that might determine once and for all whether an inquiry must be investigated, you need to be in the federal courts.

duke731 · 03-22-2007, 11:49 PM

Pale Rider - I understand your point but if they are not going to budge on the inq deletions, they sure as hell ain't (yup ain't) going to hide them from other lenders. jlynn is right, $7 p/h drones don't and can't think out of the box and I doubt if their supv or anyone else there is going to hide my inqs from prospective lenders. as far as case law goes, not worth it for inqs, especially since they fall off in 2 yrs.; got juicier burgers to cook. And as for sm claims, if I can get monetary damages; 1k for each inq (7 in total) that's fine by me.

spinn · 03-22-2007, 11:53 PM

The point is that the inquiries were made and EX is reporting them. They can not reasonably be expected to know which inquiries, of all the ones made, are legit.

Your case is with whomever made the inquiries.

Pale Rider · 03-22-2007, 11:53 PM

Quote:

Originally Posted by duke731

And as for sm claims, if I can get monetary damages; 1k for each inq (7 in total) that's fine by me.

Then stop trying to get your evidence deleted. Your COA is with the puller of the report. You have no COA against the CRA in my opinion. The only chance you have is proving non-PP, and that is a claim against the puller.

Enigma · 03-22-2007, 11:54 PM

Only the federal judiciary has the authority to force the CRA to change your CR.

If you file in small claims, they will more than likely remove to federal.

You will want to contact each person/company that pulled your report. Demand to know their PP, who authorized the pull and failing that demand deletion and $1000.00.