Before BK, there was a RELS Reporting Service that kept making hard inquiries on my credit report. I was told that they were from the mortgage company. Once I filed for BK, RELS stopped making hard inquires. After the discharge, I decided to do a short sale on my home (that was surrendered during BK) because the foreclosure process was so slow. Now RELS is making hard inquires again. Can they do this, even if my mortgage was discharged?
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While they should not be doing this, some creditors do things that are against the FDCPA (FCRA) and the bankruptcy permanent discharge injunction. I would send them a letter telling them to stop as they are in violation of the discharge! (I would also say that it's an FCRA/FDCPA violation since they have NO business reason to pull your credit every month since you're legally not liable to pay the debt as it was discharged.)
So, I'd start with the letter dispute. (Are you sure they are hard pulls and not promotional (soft) pulls?)Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Make sure you send it CMRR (certified mail return receipt). I would also mention that they are in violation of the FCRA and the permanent discharge injunction from the bankruptcy... and that their failure to remove the entries and stop making hard inquiries against your credit, will be met with a motion for sanctions in the US Bankruptcy Court. Be firm and give them a firm date to remove the entries. I try to give them only 15 days since it's NOT a dispute! It's a violation and they need to take immediate action.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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This (inquiries) is an interesting topic when it comes to the FCRA. It is possible that the Reporting Service already caused permanent damage to the OP's credit file that can't be reversed.
I tried to dispute some inquiries with a credit-bureau in the past (I don't remember which one) and they claimed that inquiries can't be taken off of the report - even if they were unjustified. To me, that was a bummer and I asked myself why the reporting agency gives the consumer the option to file a dispute (online) and select certain inquiries that should be disputed and investigated ALTHOUGH - according to the bureau itself - the outcome of the investigation doesn't matter because they will stay on file anyway.Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.
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It is not impossible to remove inquiries. In some cases, it will require an order from a court of jurisdiction.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Originally posted by justbroke View PostIt is not impossible to remove inquiries. In some cases, it will require an order from a court of jurisdiction.Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.
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In the end inquiries are much harder to remove -- generally speaking -- than derogatory information. I have never been able to remove inquiries that I was sure were not authorized. But I haven't tried in years to do so.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Fortunately, a few inquiries don't do as much damage as other derogatory information. I always think that once the inquiries will be my biggest concern, I've virtually reached my credit-score goals..Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.
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Well, the nice thing about inquiries, is that they start to lose their "potency" after 6 months. They affect you even less at 12 months, and they fall off after 24 months.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Originally posted by justbroke View PostWell, the nice thing about inquiries, is that they start to lose their "potency" after 6 months. They affect you even less at 12 months, and they fall off after 24 months.Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.
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