Author Topic: ITS - OC - Impermissible Pull  (Read 6852 times)

0 Members and 1 Guest are viewing this topic.

Flyingifr

  • -DEAN EMERITUS-
  • Valued Member
  • Posts: 8602
  • Welcome to my Temper Tantrum
ITS - OC - Impermissible Pull
« on: October 15, 2005 05:25:36 AM »
"Credit First National Association
PO Box 81083
Cleveland OH 44181

Re:   Firestone Account #500205999

N O T I C E    O F    I N T E N T    T O    S U E

Gentlemen:

Attached please find a copy of your Adverse Action Letter dated November 29"    2004. This letter is formal notice of my intent to sue Credit First National Association for violation of Fair Credit Reporting Act Section 604(a).

Specifically    I had NOT requested that my closed and fully paid Firestone account be re-opened. The pull you made of my credit file was without my authorization.

This letter is to notify you that Statutory Damages in the amount of One Thousand ($1   000.00) Dollars is hereby demanded of you. Should you fail to comply with this demand within twenty-one days of the date of this letter    I shall file suit against you without any further notice. At that time    you will also be responsible for any attorneys fees incurred.

I would like to point out that your own letter states that (a) you pulled my credit    and (b) my account with you was closed at the time you pulled my credit. Unless you are asserting that the pull was to assist you in collecting a balance    there are no issues of Law or Fact in question    and I am entitled to a Summary Judgment against you as a matter of law.

Since I cannot receive telephone calls at work    I hereby authorize and direct you to speak with my husband    Flyingifr    should you have any questions. His telephone number is (520) 999-9999.

Sincerely   



Mrs Flyingifr
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Pablo

  • Valued Member
  • Posts: 550
Re: ITS - OC - Impermissible Pull
« Reply #1 on: July 23, 2008 03:29:34 AM »
Coolies so what was the point to pull the credit file of your wife Steve?  :(  That's just silly!
"Another day, another life / To feed with all that I call mine / Is what it takes, so I go out tonight / Shining lights of crossing cars / An open sky, a million stars / They open up my eyes and this is just because / I feel, I feel so alive"  ~ "Feel Alive" - ATB

Rottweiler

  • "SIT!" "Stay!" "Watch OUT!"
  • Valued Member
  • Posts: 6022
  • Talent does what it can; genius does what it must
    • Debtor Talk:  "Tough Love" for the Collection Industry.
Re: ITS - OC - Impermissible Pull
« Reply #2 on: July 23, 2008 04:14:07 AM »
Coolies so what was the point to pull the credit file of your wife Steve?  :(  That's just silly!

Read it again:  It was the Mrs' old account that was reopened--and the pull made--without HER consent to do either one.

The reason that Firestone would give, I am sure,  is that they had PP because of the past relationship which they were SO fond of having with the Mrs. that they wanted to reopen the account; the pull was just a formality.

I am sure it was, BTW.  One which got the appropriate response to this "flattery":  A settlement and/or a summons.
“This is a court of law, young man, not a court of justice."
~ Olver Wendell Holmes

Ranger

  • Valued Member
  • Posts: 43
Re: ITS - OC - Impermissible Pull
« Reply #3 on: August 18, 2014 06:42:58 PM »
Does this work with CA's?

fisthardcheese

  • Valued Member
  • Posts: 3840
  • They forced arbitration into your contract. Use it
Re: ITS - OC - Impermissible Pull
« Reply #4 on: August 18, 2014 06:55:47 PM »
This particular bank will settle an FCRA arbitration demand pretty quickly (their agreement says they pay all consumer fees, so you can file without sending money. They will respond when AAA demands the money from them), but I can't really talk about that.   :whackacow2:
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Ranger

  • Valued Member
  • Posts: 43
Re: ITS - OC - Impermissible Pull
« Reply #5 on: August 18, 2014 07:00:53 PM »
I have some from Discover Financial. 

DISCOVER FINCL SVC LLC
2500 LAKE COOK RD
RIVERWOODS, IL 60015-3851
(800) 347-2683
Requested On: 07/09/2014, 06/09/2014, 05/09/2014, 04/09/2014, 03/09/2014,
02/09/2014, 01/09/2014, 12/09/2013, 11/10/2013, 10/09/2013, 09/09/2013,
08/10/2013


Would a letter like Flying's work? I've never requested credit.  I have a charge off with them..

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: ITS - OC - Impermissible Pull
« Reply #6 on: August 18, 2014 07:57:27 PM »
Does this work with CA's?


The thread you are questioning is six years old. I doubt you'll get much action. Requesting a credit report for purposes of collection is permissible. Litigation is a gray area, circuits differ.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BellEbutton

  • Valued Member
  • Posts: 3490
Re: ITS - OC - Impermissible Pull
« Reply #7 on: August 18, 2014 07:58:31 PM »
I have some from Discover Financial. 

DISCOVER FINCL SVC LLC
2500 LAKE COOK RD
RIVERWOODS, IL 60015-3851
(800) 347-2683
Requested On: 07/09/2014, 06/09/2014, 05/09/2014, 04/09/2014, 03/09/2014,
02/09/2014, 01/09/2014, 12/09/2013, 11/10/2013, 10/09/2013, 09/09/2013,
08/10/2013


Would a letter like Flying's work? I've never requested credit.  I have a charge off with them..

It won't work if the account hasn't been paid and if Discover still owns it.  They have a right to pull your CR if you owe them money.

Anza01

  • Valued Member
  • Posts: 373
Re: ITS - OC - Impermissible Pull
« Reply #8 on: August 19, 2014 01:14:40 AM »
It won't work if the account hasn't been paid and if Discover still owns it.  They have a right to pull your CR if you owe them money.

What if there was a settlement and both parties agreed to a walkaway and that Discover would delete the tradelines?  Would that still be reason to continue account reviews?

BellEbutton

  • Valued Member
  • Posts: 3490
Re: ITS - OC - Impermissible Pull
« Reply #9 on: August 19, 2014 03:33:22 AM »
What if there was a settlement and both parties agreed to a walkaway and that Discover would delete the tradelines?  Would that still be reason to continue account reviews?

If there's no longer a debt or you haven't applied to them for credit again, there's no reason to check your CR.

kevinmanheim

  • Valued Member
  • Posts: 11515
Re: ITS - OC - Impermissible Pull
« Reply #10 on: August 19, 2014 11:06:16 AM »
If there's no longer a debt or you haven't applied to them for credit again, there's no reason to check your CR.
+1

I would sue the OC if this were the case.

arnanda

  • Valued Member
  • Posts: 1161
  • Take it or leave it.
Re: ITS - OC - Impermissible Pull
« Reply #11 on: September 07, 2014 02:41:11 AM »
Ranger - is it a current account?  Discover offers free FICO score monthly.  I think that would show as a soft pull on your reports.
TUN - 811/850 (07-07-2015). EQU - 811/850 (07-07-2015). EXP - 8111/850 (07-10-2015).
Abbreviations 1st Thread
Abbreviations 2nd Thread
Smurfy's Ease of Use