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First off, Should I make a bulk payment on my Lending Tree mortgage? Thanks in advance for any response. My other question... Okay, in 5/2002, Sears pulled an AR on DH's TU report..

His account with Sears was settled and closed in 11/97..

I fired off a copy of the letter taken from Christine over at Bayhouse..

I gave them til today to respond..

Of course there's been no response..

Any suggestions on how to proceed from here? Send them an Intent to Sue letter? Go ahead and file?.

I realize that there's not going to be provable damages, because it was a "soft" rather than "hard" inquiry, but dammit, I'm pissed that they went snooping. It's a complete violation of DH's privacy..

TIA for any advice you can give :)..

asked Mar 07 at 08:29

Dennis's gravatar image

Dennis
69


I would like to know the answer too. Anyone here know what is the answer to that question. I'll do some investigation and get back to you if I find an decent answer. You should email the people at Lending Tree as they probably could give you an answer..

answered Mar 07 at 08:43

Avery's gravatar image

Avery
1769

Some help with a 10 day intent to sue letter would be great. Should I grab the one from the sample letters and modify? Should this be completely different from the one I sent to them earlier? Should I fax it to their general fax number (where I faxed the first one) or call and find out the number for their legal department? Mail it CRRR to the address listed at the BBB?.

I don't mind doing legwork to find out information. I just want some results, and for Sears to realize they can't just go snooping around :).

Thanks, Butch, I appreciate the help. If you want to take this to e-mail, instead, that's fine, too :)..

answered Mar 07 at 09:39

Josiah's gravatar image

Josiah
2091

An intent to sue is really nothing more than repeating your demand and telling them you'll sue them..

Stuff like;.

"Notice Of Intent To File Suit".

"Because you've chosen to completely ignore my previous correspondence".

"If I've not received a letter from you notifying me as to what you intend to do by December 5th, I will file on December 6th".

"At which point you will owe me court costs as well, should I prevail.".

My letter is about 30 posts down, in blue, at;.

Http://consumers.creditnet.com/strai...%22#post234391.

It's a good PP thread..

:)..

answered Mar 07 at 11:09

Jamari's gravatar image

Jamari
441

You may want to get the name of an internal atty and fax them the next one... or just sue them..

These are open and shut...

answered Mar 07 at 12:36

Natasha
's gravatar image

Natasha
2299

I have a similar situation where a former creditor pulled 7 soft inqs on my report in 2000 and 2001 - the charged-off account was paid off in 1997..

I'm preparing to send them a letter but my question is this - is it a $1000 per inq? or just $1000 period. I'm a little unclear on that..

Thanks for the advice...

answered Mar 07 at 14:11

Jaylynn
's gravatar image

Jaylynn
3227

Bwahahahaha! Sears customer service won't give out ANY information regarding their legal department. NONE. The guy did take my name and number and said that he would see what info he could get for me and call me back. I'm not holding my breath. Otherwise, the only other fax number I have is the one off of the BBB website that I sent the first letter to, which has garnered NO repsonse..

Anyway, here's my letter that I have so far. Please feel free to dissect it, tear it to shreds, make suggestions and otherwise help make it a great letter :).

November 25, 2002.

Sears Roebuck & Co.

3333 Beverly Road E5-377A.

Hoffman Estates, IL 60179.

ATTN:.

SENT VIA FAX TO:.

RE: NOTICE OF INTENT TO FILE SUIT.

Dear Whatever name I may get sometime soon:.

Since you have apparently chosen to ignore my previous correspondence regarding this matter, you may regard this as my notice of intent to file a lawsuit against Sears Roebuck & Co for willfully and/or negligently violating the FCRA..

Attached you will find a copy of my earlier correspondence outlining my grievance with your company..

Should I not hear from you regarding this matter by Monday, December 9, 2002, I will file suit in the small claims court division in San Diego County, California..

If I am forced to file suit against your company, Sears will then be liable for court costs and attorneys fees, per the FCRA:.

617. Civil liability for negligent noncompliance [15 U.S.C. 1681o].

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of.

(1) any actual damages sustained by the consumer as a result of the failure;.

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court..

Again, I have not applied for credit nor employment with your company, and any business relationship I had with you ended in 1997; therefore, you had no permissible purpose to pull my credit report. If you wish to avoid costly litigation, please arrange to have $1000 forwarded to the name and address on this letter..

Sincerely,.

Waalien's DH.

*********************.

Do you think if I sent this attention Alan J. Lacy (Chairman of the Board, President, and CEO) that it would get the attention it deserves? Too bad they don't have a number listed for HIM...

answered Mar 07 at 14:26

Ismael's gravatar image

Ismael
921

Have you tried to "google" him. I have had some luck there with high profile people...

answered Mar 07 at 14:35

Amanda
's gravatar image

Amanda
682

Yeah, got a bunch of articles about him, but no contact info so far. :(..

answered Mar 07 at 15:41

Austin's gravatar image

Austin
4964

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