Question about 3 hard credit pulls

[walkernj]

Hi there,

I hope someone can point me in the right direction. I have a discharged CH7 (was completed in May 2010), and my second mortgage was included in that CH7. We have not paid on it and on my credit report it states Balance $0.00, Account Closed AND discharged through CH7.

HOWEVER, BOA has pulled my credit THREE times last year - in January 2011, March 2011 and May 2011. Obviously my credit is trashed right now but those three hard pulls are affecting it.

Question is - since we legally do not owe BOA, do they still have the right to pull my credit without my authorization? No less three times in less than 6 months? Over 6 months past the discharge date of my CH7?

Is there anything I can do?

[TomEason]

walkernj

Thanks for your post. Since you're a bankruptee and the debt has been discharged, I don't know the answer to your question. You might download and read the FCRA, which governs credit reporting. If for some reason the subject of BK discharged debts isn't covered there, you may want to research the BK laws.

[walkernj]

TomEason

Thanks Tom for your quick reply! I will do that!

[walkernj]

TomEason

In this link to a credit forum (I know no substitute for my attorney's advice, and I am calling or emailing her Monday about this now) it clearly states the portion of the FCRA that has the discharged debt & BR info:

"

With regard to permissible purpose, Section 604(a)(3)(A) of the FCRA gives a creditor a permissible purpose to obtain a consumer report without the consumer's consent "in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of the consumer." Thus, if you still have a debt outstanding that this agency attempting to collect then I think there is clearly a permissible purpose. If not, then you should get your $1000--there is no excuse for an inquiry subsequent to a paid collection (or even worse, putting the inquiry on the wrong credit profile)."

Since my debt with them has been discharged (and at the time of the hard pulls it was discharged for almost a year - just noticed that the date of my CH7 on my CR is the date it was filed, not the date it was discharged, which makes this even better for me!!), they are not able to contact me regarding collections.

Even with initiating a FC (which should be fun to watch - they'd need to shell out close to $500k (balance on first is around $400k, we owe them around $80k, and fair market value is around $340k - $350k). There is no reason that they need to run my credit for a FC. NONE.

Here's the link to the thread -

Collection Inquries - have the "hard" inquiries changed for EVERYBODY

I will post back when I hear from my attorney regarding this matter - wouldn't it be ironic if BOA had to pay ME $3000 for unauthorized inquiries?

Thanks again for sharing your knowledge and advice Tom - have a great weekend!

[TomEason]

walkernj

Thanks for your update. It certainly appears to me that your research has uncovered favorable results.

I believe you have all the ammo need to file a complaint with the FTC, the regulating body on this law. If my memory serves me correctly, in addition to the $1,000 per incident fine, you can sue for civil damages, if you can show any.

If it were me, I'd first write BOA and demand the $3,000, citing the section of the FCRA and explaining your position. In that letter, you can state that if not received by (name a specific date), you'll file a complaint with the FTC, as well as a civil complaint.

You needn't wait for your attorney to write the letter and file the complaint.

Good luck!

[walkernj]

TomEason

You are the man! I believe we can show damages to our credit scores. Mine is really low and my husband's is actually better. Landsafe did the same to him on the same days. GECRB is also an offender, as they ran both of ours at the of May 2010. The CH7 was filed in 02/2010 and was discharged in May 2010.

I am drafting the letters to each of the offending creditors - I have one last question.

I would use the address they listed on the credit reports, right? I ran all 3 for both of us and the same addresses are there.

Thanks again!

[walkernj]

Update - I am being given the runaround by Landsafe along with all kinds of false information - I believe they know I know I am correct in that they had no pp to pull anything on either myself or my husband, and they are trying to tell me otherwise. They claim to be a mortgage reseller owned by BOA.

I can't see how either of our credit reports impacts them selling a discharged mortgage. I also found out that there was an additional pull - making FOUR unauthorized pulls, more than a year after the CH7 discharge. Will keep this updated as I get more information.

It seems Landsafe is stating that BOA directed them to pull the credit reports on us, and BOA is stating if, in fact, they did authorize any credit pull (which per them, they did not - Landsafe gave me bogus info as to who at BOA pulled my credit), BOA would be listed as the creditor, not Landsafe.

So the plot thickens.....I am owed 2 calls - one from Landsafe trying to talk their way around this and one from BOA giving me a contact in their fraud department.

[TomEason]

walkernj

Thanks for your update. I'm familiar with Landsafe who was owned by CW before the BOA buyout. I didn't realize they still exist. Landsafe performed credit reports and appraisals for CW's purchase loan originations.

If it were me, I would not get caught in the crossfire of finger pointing. I would recommend you write letters to both entities citing the FCRA section and demanding the reporting be rectified. Otherwise you'll take further action.

FYI, BOA's Fraud Dept is a joke; I wouldn't wast my time if I were you.

You needn't spend time on the phone with these jokers. Simply write the letters and if no action is taken to delete those hard pulls, contact the FTC and open a complaint.

[walkernj]

TomEason

You are correct once again - I don't have time for the BS. Silly me thought I was getting somewhere yesterday!

I am sending a letter to BOA AND Landsafe via Express Mail so I have proof it was delivered and signed for ($20/per envelope rather than the $60/envelope that Fed Ex is charging!).

Will keep you posted as I make "progress".

Thanks again Tom