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Hard inquiry on credit report. Is there a process by which a…

Hard inquiry on credit report...
Hard inquiry on credit report. Is there a process by which a company that made a hard inquiry on my credit report can contact the bureaus to retract it? A report was run on me with my permission by a potential landlord, but I was turned down before they rec'd the report from National Credit Repo. They would be willing to tell the company they hired, National Credit Repo, that it wasn't used. I'm concerned, because I'll be looking at many apartments.
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Answered in 1 day by:
3/18/2018
Wendy
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Customer reply replied 1 month ago
I would. Thanks
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,381
Experience: Licensed to practice before state and federal court
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Hello, Scott! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

The answer to your question is yes. There is a process that either you or the company can go through to help get this removed.

One of the things that many people don’t know is that there is something called the Fair Credit Reporting Act. The FCRA was developed by Congress to require credit reporting agencies to report only accurate information regarding consumers. Because our credit reports help determine whether we can lease an apartment, buy a car, or purchase a home, the FCRA is there to help make sure that we’re judged only on accurate information and not falsities.

The bright side is that there is a remedy for those who have incorrect information on their credit report. You can request with the credit reporting agencies that they investigate the incorrect information and then remove the information if they cannot verify that it is accurate. If the information stays on, then you could potentially sue the credit reporting agencies for damages that result (e.g. higher interest rates, loan denials, etc.) If you click here, you can download a very good template for only $10 that outlines the law regarding the FCRA and the best part is that you only have to download it once and you can make as many copies as you want. Mail those into the credit reporting agencies and they will work on the investigation for you. Now, keep in mind that this is a request and if the credit reporting bureau cannot find a reason to delete the information, they have the right to deny it; however, it is a start.

How else can I help you today?

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Customer reply replied 1 month ago
Hi: I'm glad to know about this form, but it isn't for what I want. I want to get a potential landlord, who hired National Credit Repo, to run a report on me. They did it with my written permission, but I signed that right assuming some facts that were not there. They denied me having nothing to do with my credit report, and, it turns out, that they listed inaccurate square footage of the unit (1800 when it's probably 1657). 1. Can a hard inquiry get removed if the landlord wants it to be? 2. If it can be, but they are unwilling, where do I find an attorney to file a report with apartments.com, a realty commission and wherever else is necessary? It's worth the cost to me.

Thanks so much for following up. Let me address your questions:

1. No. The FCRA requires that only inaccurate information be removed and if they made a request for your credit, then they won't remove it just because the landlord wants it removed, unfortunately. They can always request, but it'll probably be denied.

2. I don't think you'd have much recourse with any website or government agency. If you gave them the authority to run the report, even if you had the assumption that facts were not there, you runt he risk as the consumer that they will find whatever information they are requesting from the credit bureaus.

I know that this is a difficult situation, but I have seen that many people are better off if they have documentation that helps them explain away whatever problems are on their credit report. Keep in mind that landlords in the future may not care, but you could at least improve your chances by explaining why there may be negative information on your credit report.

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I'm very sorry and please don't shoot the messenger, but what other questions did you have for me today about this?

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Customer reply replied 1 month ago
i won't shoot, I promise, lol. If I went to the extent of they advertised something they didn't have (an 1800 foot unit), and I gave them permission under those false pretenses, am I still LOL, even if I push it? I can't take all the hard inquiries right now, unfortunately.

Thanks! So, if they advertised something that they did not actually have and that was the reason that you gave them your information, then this appears to be a case of unfair business practices which could give you some compensation if you were to bring a lawsuit.

1.To establish that there was an unfair practice, there must be a representation, omission or practice that is likely to mislead the consumer;

2. The representation is examined from the perspective of a consumer acting reasonably in the circumstances; and

3. The representation, omission or practice must be material enough to affect the consumer’s conduct or decision, even though no actual reliance is required.

You may not want to consider a lawsuit at this stage as there are often government and non-profit resources that may help. You may want to consider your state’s BBB chapter or the state Attorney General’s office. Both of those organizations are dedicated to fighting fraud by businesses and if you run through the analysis above, then they can probably provide more help. Plus, the industry that you are thinking of challenging here may be governed by specific rules in your state and it could trigger a broader investigation by the government as well.

Did you have any other questions for me today that I could help you with?

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