Good question... I dunno what is the right answer to your question. I'll do some Googling and get back to you if I find an answer. You should email the people at Lending Tree as they probably could assist you..

First, it sounds like you need to exercise some patience on seeing the updated account listing. Providian may not have been able to get the info to the CRA yet..

As for the second point, what kind of inquiry is it? Hard, promotional, account review, collection, etc.??? What makes you think it's your ex? Was it this outfit?.

Credit Bureau of Delmarva.

800-846-9266.

800-288-9257.

Www.cbd-inc.com.



If they don't have a permissible purpose, you can take them to court for the $1,000 violation of FCRA. If your ex was involved, you can probably take Him to court for the $1k and probably criminal fraud charges.

Lastly, calm dowwwwwn... happy puppies, fluffy kitties, calm blue oceans... lol..

Thanks so much! Yes, I need to breath, LOL and think about fluffy kitties,etc..

Providian, already said they would not delete the negative information I noted above. They said that they will only put settled in full on all 3 CR. I just want to know if this looks like dispute info. above it doesn't make since..

As for the second question. I called the number you gave that said that they are a 3rd party credit bureau and someone gave them my info. to run. I traced this information to the David Sykes guy who said that he pulled it from a request from a guy name Albert Blessings He called Albert Blessings who in turned got on the phone and told me to put it in writing. I said what in writing, I want to know why you pulled my damm! Credit Report... He said put it in writing and hung up...

Can't I sue them for putting this hard inquiry on my credit report!!..

Was this a Hard inquiry, though? I.e., did the CRA note that other creditors could see it? Then again, even if it's not a Hard inq, I'd definitely put something in writing to CBD and demand the facts leading up to the inquiry (currently, they'd be on the line for a lawsuit for the non-permissible inquiry). Then, I'd go after Mr Blessings and the ex - sounds like fraud and/or harassment. I don't think any court would look too kindly on those activities..

Check the FCRA - there's a section on "permissible purpose", who qualifies, why, and the penalties for inquiry without permissible purpose..

Good luck !!..

Burb Guy,.

Thanks so much for your help, it's been an experience..

Yes, I found out it is an Hard Inquiry. I have filed with the police, BBB and the FTC (hummm). Now, I'm writing letters, to get this crap off my report and I want money for violations..

I spoke with ex-boyfriend, and yes he authorized Albert Blessing to pull it... Mr. Blessing said he did it because ex said he was my husband (Yikes!!) We were never married and even if we were he had no write to pull my report. Oh when I called him out about pulling it he started laughing (WTF!!) I am so angry, I don't know what to do. Can't he go to jail for this?.

I step forward, 2 steps back..

CC -.

Glad to hear you involved the police. I think if it were me in that situation, I'd send letters to CBD and Blessing (CMRRR) and demand they remove the inquiry or you're filing suit. I'd give them 5-10 business days to respond..

You might consider taking the ex to small claims court for the FCRA violation, too. Since he duped his boss and (transitively) CDB, the court just may decide that he's ultimately responsible for FCRA violations - possibly two, since his actions caused two separate entities to engage in an un-authorized inquiry. Good luck and be sure to let us know how this one turns out. You may be setting an FCRA precedent here...

Burbs Guy, again thank you!! I was in a state of panic, oneBBB told me to call FTC - FTC said call police (lol).

So far I drafted 3 letters, to blessings, skyes and Dalmarva now I'm trying to figure out how to word one to the dirty SOB who started this (ex-boyfriend) Sorry, I'm so angry. I will be sending all letters certified mail tomorrow. I counted 3 violations at $1,000 each is this correct? If they remove do I not go ahead to small claims court? your advice is appreciated....

September 03, 2002.

NCS/Credit Network Inc..

Mr. Blessing.

Mr. Blessing:.

It has been brought to my attention, via David Skyes, and Equifax, that you authorized for my credit report be pulled on 8/16/02..

This inquiry was without authorization, and for no legitimate business purposes. You stated to me via conference call Oct. 3, 2002 that you wanted this in writing., Well here it is and I demand to know what permissible business purpose you had to pull my report with out my consent. I’m appalled that you would tell Mr. Skyes “don’t worry he’s her husband” Since you and Mr. El work together you should know that he is not married., and even if he was married you have no right to pull someone’s credit report.

Blessings, you have committed fraud, I have suffered tremendous stress over this blatant act of deception..

I demand the facts leading up to this inquiry. You should be aware that reporting unsubstantiated entries to credit reporting agencies is in direct violation of the FDCPA and Fair Credit Reporting Acct (FCRA), and may constitute fraud under State and Federal Law..

Please explain your permissible purpose for obtaining my credit report, pursuant to the FCRA..

VIOLATION #1 – Lack of Permissible Purpose, SECTION 604, FCRA.

Section 604(a)(3)(F) allows a consumer reporting agency to provide a consumer report to.

Anyone who "has a legitimate business need for the information (i) in connection with.

A business transaction that is initiated by the consumer; or (ii) to review an account to.

Determine whether the consumer continues to meet the terms of the account.".

Therefore, the brokerage firm may request a consumer credit report prior to establishing.

A relationship with an individual who applies to open an account, or thereafter to.

Determine whether to discontinue doing business with an established client..

Also, Section 621 governs enforcement actions brought by the Commission, other.

Agencies, and the states, and provides for various monetary and injunctive penalties..

The potential monetary penalties include, for those who knowingly violate the FCRA, up.

To $2500 per violation in a civil action brought by the Commission in district court.".

VIOLATION #2 – Obtaining a consumer report under false pretenses, SECTION 616, FCRA.

616. Civil liability for willful noncompliance [15 U.S.C. 1681n] (a)(1)(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or.

Knowingly without a permissible purpose, actual damages sustained by the consumer as.

A result of the failure or $1,000, whichever is greater;.

VIOLATION #3- Deceptive act or practice, SECTION 621, FRCA.

621. Administrative enforcement [15 U.S.C. 1681s].

For the purpose of the exercise by the Federal Trade Commission of it's functions.

And powers under the Federal Trade Commission Act, a violation of any requirement.

Or prohibition imposed under this title shall constitute an unfair or deceptive act or.

Practice in commerce in violation of section 5(a) of the Federal Trade Commission.

Act [15 U.S.C. 45.

This matter has been reported to the Federal Trade Commission, Better Business Bureau and the Police..

Please IMMEDIATELY DELETE the inappropriate hard inquiry from all credit reporting. An inquiry without a corresponding account is VERY detrimental to ones credit score. Please arrange for payment of $3,000 by 10/20/02, $1,000 per violation. Unless both of these remedies are supplied by 10/20/2002, I will be forced to file suit against you for numerous willful and negligent violations of federal law, state law and my rights as a consumer..

I look forward to an uneventful resolution of this matter..

Sincerely,.

Denise Philpott-March.

Cc: copy of FRCA..

Have this guy arrested. there's a jail term and fine for knowingly pulling someone else's credit file..

He'll stop laughing when he gets arrested..

You may also be able to have the boss interrogated about it. if he knows your boyfriend then possibly he knows that you two aren't married. If so.. then this guy can be jailed too..

Also, you may wish to not only inform the credit bureau that this is completely unauthorized... but do so by writing to their legal dept and let them know that their subscriber is violating his agreement with them by getting reports fraudulently....

You may then be able to get their contract revoked with the CRA. if the cra doesn't remove the inquiry.. you may be able to also sue the CRA for fcra noncompliance..

Send the bureau a copy of the police report. you may also want to add fraud warnings to your files. after all.. what's your ex-boyfriend going to do with your info?.

Have the police sent a detective out yet to question the guys? I'd tell the police that you're worried not only about the fcra violation but about id fraud. that gets more attention than an fcra violation will....

Fraud is one they don't ignore...

Thanks so much Maria I just called the detective at the San Pablo police department in my town. These people are going down. I've worked to hard to have this done to me.....

Hi Chitchat ....

I had a paid charge off with Providian (do a search under the thread "UNLV34") that I just got removed a week ago. Maybe you can send a nutcase letter around CHOD (do a search for "CHOD" as well). Here is the copy of the nutcase letter I used with SUCCESS. You can address it to Lydia Kam, Executive Offices Specialist..

< Date >.

< Creditor >.

< Address >.

< City, State, Zip Code >.

Re: Account Number : xxxxxxxxxxxx.

Dear Sir or Madam:.

It has come to my attention that Providian National Bank has placed a derogatory remark on my credit bureau files pursuant to my having paid you what you claimed that I owed you and Providian National Bank..

When I paid you, I relied upon the belief that you would do the honorable thing and remove your nasty and derogatory comments from my credit bureau files which you not only failed to do but actually changed my listing to paid charge-off which is a far worse rating in the eyes of any potential future creditors. In doing so, you obviously failed to realize that the Doctrine of Estoppel directly applies to this type of situation and is cause and more than sufficient grounds for my pending lawsuit against you for punitive damages in whatever amount a jury might deem appropriate for your violation of the estoppel doctrine of law..

Here is what the Doctrine of Estoppel is and how it applies to your violations of it. In order for the doctrine of estoppel to apply, the party of the first part (you, the collector) must make some statement or engage in some conduct upon which I have relied and acted upon which later proved to be to my detriment or prejudice..

In your communications with me you told me that you would update my credit reports as soon as I had paid the debt to you. Quite naturally, I assumed and relied upon your statement to that effect to mean that you would mark the account as "paid as agreed" or even quite possibly remove it entirely. Instead, the entry on my credit reports still reflects a status of 120 days past due. Additionally, this account is reported as “Paid Charge-Off.” This single erroneous entry has caused me to be denied credit as the attached documents attest. It is currently preventing me from obtaining favorable terms on a mortgage. I have asked for correction, both directly and through the Credit Reporting Agencies.

I should point out, though I have no doubt you are aware, that each of these instances constitutes a violation of the Fair Credit Reporting Act and is separately actionable. Applicable sections of the FCRA violated by Chevron include (but is not limited to) Sections 605 (c)(1), 623 (a)(1)(A), 623 (a)(1)(B), 623 (a)(2), and 623 (a)(3), with multiple documented violations of each section..

I am quite confident that both you and a court of law will agree that my assumption was a perfectly reasonable assumption for an average debtor to make. And so, based on that assumption I agreed to pay the debt and in fact did so in September 2002 whereupon you actually worsened my credit bureau scores and that was most definitely to my detriment and prejudice and provided me with grounds to sue you for the full amount paid plus attorney fees, court costs and whatever additional punitive damages a jury might award..

I have provably asked for your organization to correct the erroneous information in my credit reports, yet the false derogatory information still persists in my credit report on numerous occasions. Rest assured that I have kept ample records, consisting of (but not limited to) Certified Mail Return Receipts, phone logs, periodic copies of my credit reports showing the erroneous listing (the ONLY negative listing in Equifax and Experian reports), and letters of rejection for new lines of credit that directly attribute their refusal to extend credit to the presence of a currently past due on my Experian and Equifax credit reports..

These would constitute provable damages, would they not? I do think they would, particularly in light of Nelson v Chase Manhattan. Therefore, unless you move to cure your error and completely remove your derogatory tradelines from my public records, within 15 days of your receipt of this letter and provide proof of your cooperation with my demand in the form of mailing, faxing, or e-mailing me a copy of your UDF which you transmitted to the credit bureaus demanding the removal I shall immediately move to file against you in a court of law with jury trial demanded..

I am quite well aware that you have a contractual agreement with the credit bureaus which covers this problem and supposedly prevents you from compliance with my demands, but a contract which is in violation of the law is null and void and of no force and effect whatsoever and therefore cannot be enforced either by you or upon you. Your so-called contract with the credit bureaus will not protect you for your willful violation of my rights which are protected by the Doctrine of Estoppel..

Your failure to cure and provide me with proof of your having cured the problem within 15 days after your provable receipt of this letter will be considered sufficient reason to refer this matter to the courts for their resolution..

While you may think that I have no right of private action due to the way FCRA is worded, let me hasten to assure you that such beliefs are quite ungrounded and false. That point has been vividly illustrated by the ruling of the U.S. 9th Circuit Court of Appeals in the case of Nelson v Chase Manhattan, March 3, 2002 in which the court pointed out that Section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information. But my pending suit against you will not be about FDCPA nor FCRA but about how you have damaged me after I acted in good faith in dealing with you..

Thank you and I look forward to resolving this most expeditiously..

Sincerely,.

< Your name >.

Cc: Gregory Sheffer, esq and Cliff Chanler, esq.

Federal Trade Commission.

California Attorney General.

Ohio Attorney General..

UNLV 34.

Great Letter,.

I will use it....

I need this crap removed can't get a Lending Tree loan until I do having them put Settled with all that negative step hanging on does nothing for me nor my credit report but make me look bad....

I will also do a search, thanks again......

What could I do if I have a Prov. charge-off that was sold and then paid. (The Credit Store).

I want this charge-off gone and have disputed it three times on each report only to have it verified...

Hey Kbanger,.

I would try to send the nutcase letter to an executive at providian (see my thread on UNLV34). The person I used at Providian is Lydia Kam. I did a search and found a letter on here that might serve the purpose for you. This letter is used for an account that is sold from 1 CA to another CA. In your case, you may have to combine the nutcase letter and this letter for the results you are looking for. In any event, I hope it helps and keep me posted on the results..

Dear CA#2,.

It is a well settled legal principle that all opportunity for resolution must be extinguished before legal action can take place. This notice should be considered constructive notice..

Ca#1 has sold/assigned ("dumped upon") you a NON-performing, illegitimate debt, the collection for which has already been frozen by my demand for validation, via FDCPA. My demand was sent xx/xx/xxxx and signed for on xx/xx/xxxx by John Smith, at [insert address]. Follow-up letters were sent, blah, blah, blah. Your ignorance of this fact is no excuse..

Both you and CA#1 are in violation of Federal Law for (but not limited to) continued collection activity on an alleged debt, the collection for which MUST CEASE until valid proof sent, pursuant to FDCPA 809. Validation of debts [15 USC 1692g] (b).

May I suggest you return this account to CA#1 and demand your money back, or compensation for your wasted time, pursuant to the "qualifying RECOURSE accounts provisions" of your purchase/assignment contract..

I further demand that you immediately delete the trade-line you have inappropriately inserted on my credit report. YOU HAVE REPORTED INCORRECT INFORMATION! You have 5 days to cure..

OR ....

If you report this derogatory item to any credit reporting agency after the tracked and verified receipt of this notice, you may be sued..

Any further communication from you before I receive the demanded proof of this alleged debts validity via federal and case law and I will instruct my atty. to begin drafting a formal complaint..

Regards,.

Enclosures:.

1) Copy of original and all subsequent val demands.

2) Copy of return receipts & green cards.

3) My atty. staff.

UNLV34..

CC -.

I don't know if I'd start railing on CBD right away - sounds like they dimply performed their paid duties without prior knowledge (I could be wrong). Seems like the problem originates with your ex. I WOULD send a letter to the ex, if you have the address, CMRRR stating the facts of the case and send copies to the police, CBD, ex's boss and the CRAs..

(Here comes the Evil part hehehe) If CBD and your ex's boss were Duped into performing CRA inquiries without permissible purpose, THEY may have grounds to go after the ex, also. (Soliciting fraud, violations of Federal law, activities which could lead to defamation, abuse of CRA/client relationships, etc.)..

UNLV.

I will try this and let you know...

Chitchat,.

My nutcase letter to Providian worked!!!! They updated on all three to Paid as Agreed/Never Late and changed my status from R9 to R1!!!.

How did your situation turn out with Providian and the fraud case?.

UNLV34.

EQ 446.

EX 559.

TU 418..

UNLV34,.

Hey there!! Well after using your version of the nutcase letter (thank you very much!!).

They deleted the tradeline from all 3 CRA's I didn't care, I either wanted it updated or removed... It took awhile but persistance paid off =).

Thanks again,..

Hey KBanger,.

How did everything work out at Providian? ChitChat and I got positive results with the nutcase letter. I was just inquirring about you ....

UNLV34..