View Full Version : Need documentation on Experian inquiry deletions for court
picantel
I went to mediation this morning with Christines favorite person- carla blair. While she sat and made stuff up one part she said still leaves me in disbelief. She stated that Experian does not dispute inquiries and when I asked why they used to allow inquiry disputes online she sat in front of the mediator and told her that experian has never allowed anyone to dispute inquiries online. Can you believe this? She lied to a court appointed attorney. basically she is saying prove it and what proof can I find? If anyone wants to help with info post here or email me at picantel4343@hotmail.com. Someone said maybe if I can get enough people to notorize a form stating experian did in fact dispute about 8 months ago and send it to me I can try and use that in court.
CRBKiller
Experian says that federal law states my credit report must list all who have requested it. I can't find that information anywhere, if anyone knows where it is please tell me.
I did however find the following in the FCRA section 604 subparagraph (c) paragraph (3) of the FCRA “a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer”. Hmmmm, sounds like they are breaking the law.
The credit reporting agency is responsible for removing inaccurate and unverifiable information. I do not find anywhere in the FCRA that it excludes inquiries. It applies to the entire credit report.
picantel
It is all about money. that is why the experian lady lied at a court mediation. IF they are forced to dispute inquiries it will cost them millions a year. I think enough is enough. christine I know you are very active in this so email me at picantel4343@hotmail.com. I need a notorized affidavit from you stating they have disputed inquiries in the past especially online and any other information you need to get off your chest. thanks
trixie
Just a quick thought; it seems that the CRA's routinely tell the consumer that inquiries need to be disputed directly to the alleged "Creditor".
After all, by asking a CRA to "question" their subscriber is asking them to bite the hand that feeds them.
Shylock
I have successfully disputed inquiries placed on my profile through Experian, but never for deletion. The FCRA requires that all inquiries made are available for the consumer to see.
I have disputed over the characterization of the inquiry and gotten inquiries that should have been account reviews, but instead showed as inquiries initiated by the consumer recharacterized.
sharpenu
I disputed 2 inquiries a couple of months ago, and they deleted.
CRBKiller
Did you dispute with Equifax? Equifax will remove any inquiry as long as the company that made the inquiry is not reporting to your credit file.
If it was Experian or Trans Union, good job. They totally lie about inquiries and make it extremely difficult to get inquiries removed or at least reclassified.
Christine
I can certainly provide an affidavit stating that Experian allowed online disputes.
ALL bureaus have deleted inquiries in violation of the FCRA upon disputes. Like Shylock wrote, they SHOULD have coded many inquiries as A/Rs instead of hard inquiries.
Picantel, isn't it amazing how Carla just lies straight into anyone's face?
Anyway, I really hope to file my own suit soon, and I'm looking for documentation on inquiry deletions too. Wonder if it's possible for me to put affidavits about all kinds of violations on the web for anyone to download and use in court?
CRBKiller
I have plenty of letters from Equifax/CSC Credit Services telling me they deleted my inquiries that I disputed.
Christine, where in the FCRA does it state all inquiries MUST be reported and what happens if they don't.
I have only found the portion that states that a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.
This should force them to recode any inquiry that "me", as the consumer, says wasn't initiated by me.
Shylock
FCRA §609(a)(5)
"Every consumer reporting agency shall...disclose to the consumer...a record of all inquiries received by the agency during the 1-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer."
When people DISPUTE inquiries they are stating that the inquiry was an inquiry that they did not initiate and that the company probably didn't have a permissible purpose or miscoded it.
That makes it an inquiry that "was not initiated by the consumer" and must be retained by the credit repository for 1-year in order to report to the consumer.
CRBKiller
Exactly, it says disclose to the consumer. It doesn't say they must disclose inquiries to potential creditors.
I will be disputing some inquiries and requesting that they move them to promotional or account review.
Christine
I just posted a recent deletion of a collection inquiry that should have been an A/R inquiry at http://forum.creditcourt.com/discus/messages/8/600.html
I'm really wondering why the FCRA apparently does not limit the disclosure of inquiries to creditors, the bureaus COULD report them forever.
Shylock
Sort themselves out without the government getting involved. Underwriters never used to look at more than four months of inquiries. FICO Scores never look at more than 12 months worth of inquiries and credit repositories don't store more than 25 months of inquiries -- all without government intervention.
As already pointed out in another thread, much of the problems with the credit reporting industry revolve around the ill-conceived social security number as a de facto national ID number. For those people who trumpet government as the solution to the credit reporting woes, let's not forget that government is the cause of most of those woes.
Christine
The government is a problem because there is little regulation and next to no enforcement of what little regulation there is.
I sure don't like to have to file numerous law suits just to stop CRAs and creditors from ruining my credit. And if we didn't have ANY regulations, all I could do was bomb them. Would that be better?
picantel
The FTC specifically states that they are not required to put them on your credit report. They want them to remain so it ruins your credit and they make more money. My email is picantel4343@hotmail.com . Please email me and let me know who you are and I can get you my home fax number to get those affadavits over. I have one so far and about 6 or 7 faxes proving experian does inquiries. I also received a continuance to feb 7th to get more evidence in.
Christine
What exactly are you suing for?
picantel
1)reinsertion of a tradeline without any notice(the 5 day)
2)failure to give due notice to my documentation which clearly proves 8 other tradelines are being reported incorrectly. They said the loan applications and reports from the CA are not good enough.
3)failure to dispute inquiries. I have on paper from kira williams a letter asking which inquiries I would like to dispute. Then she tells me with blair standing over her that they would not dispute. too bad the proof is on the letter with her signature on experian letterhead. Let us see carla lie about that.
I need that affadavit though if you can.
Christine
I think you definitely have a case with the reinsertion and possibly the failure to consider your documentation.
With the inquiry I don't know.
"The FTC specifically states that they are not required to put them on your credit report."
Where does it say that? And, just because they are not required to report them, that doesn't mean that they can't.
They're not required to report anything.
They ARE however required to disclose ALL inquiries to you. When people disputed and Experian DELETED those inquiries, they also failed to disclose those inquiries on the consumer disclosures.
They obviously mislead you, and since you have that letter, that's great documentation that they DO accept inquiry disputes. How about posting that letter for everyone else to use?
I don't think your case revolves around their not investigating your inquiry dispute, but you need to show that they damaged you by deleting OTHER peoples' inquiries. Hopefully you disputed an inquiry that was NOT legit and was a HARD inquiry that lowered your scores.
If it didn't lower your scores, you obviously didn't have damages.
I think most of the inquiry issue is about their inconsistency in accepting disputes. I'm mostly looking for their deletions to use against Fair Isaac to get them to no longer use inquiries in scores at all.
Well, that's my thoughts.
I'll get an affidavit notarized once I had time to find WHEN I saw them offer the online inquiry disputes. Have to do some searching. Good thing all my posts come with dates.
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