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My question is What is real estate outsourcing and Lending Tree mortgage processing? Many thanks for any comment. 2nd question I got is.. I paid off a car Lending Tree loan with Household Auto Finance in July, 2001; received pd title in mail,etc.. |
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That's a good question. I'm not sure what is the right answer to your question. I'll do some Googling and get back to you if I got an anything. You should email the people at Lending Tree as they probably can help you..
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Calif code provides for a civil penalty not to exceed $2,500..
Are you sure you can get $2500 per inquiry?.. |
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Sorry to disagree but, Calif Code 1785.31(c) states:.
(3) In the case of liability of a natural person for obtaining a. Consumer credit report under false pretenses or knowingly without a. Permissible purpose, an award of actual damages pursuant to paragraph. (1) or subparagraph (A) of paragraph (2) shall be in an amount of. Not less than two thousand five hundred dollars ($2,500).. Its 2500. MIMIMUM... |
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As far as I know, A/R is NOT an inquiry. It doesn't show against your credit rating, and it's considered a SOFT inquiry. Someone correct me if I am wrong, but they didn't actually pull a full credit report!..
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I'm not concerned with my score, only the reason for HAC looking at my credit. According to Christine at Bayhouse, Soft or hard is irrelevant AR or ACCOUNT REVIEW (a complete report review) can only be pulled by creditors you owe money to, therefore, NON-PERMISSIBLE PURPOSE...
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AR'S can be done on $0.00 balance if OPEN...maybe it is NOT closed???..
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Hi George,.
I received the title and contract stamped "PAID" 8/01. These account review inquiries started 2/02... |
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I posted this in HDALEX's thread about "will they ever learn?".
Natural Person??. Any thoughts if you could a company, a CA doing a "hard", for the $2500 or do you have to sue the person who ran the credit??. Anyone?.. |
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Go ahead and disagree. It would be great if you were right. The code section you quoted:.
...has to do with actual damages. Since an A/R doesn't lower your score, and no one sees it but you, I'm not sure how you could prove actual damages.. On the other hand, the remedy under Calif. Civil Code Sction 1785.19 provides for a civil penalty not to exceed $2,500.. The question is, is it "not to exceed $2500" per violation (per inquiry)?.. |
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Cinderella, that's a good question. The word "person" is defined in CA Civil Code Section 1785.3(j):.
"Person" means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency or other entity.". There is no definition given for a "natural person" as it is used in 1785.31, but it does seem as if there is a distinction being made between a "person" (as it applies in 1785.19, and a "natural person" (1785.31)... |
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Thanks for some input lyttemac..
Going to have to do some research....(call lawyer relative).. Code seems a little vague. Doesn't make sense to me why you would only be able to hold a real peson liable for pulling credit reports. Why not the company they work for?.. |
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I would love to know as well since I have 8 AR from Shell/Chase on my EQ and I have not had an account with them for 8.5 years. Either way, I will probably have to sue in civil and not small claims...
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I believe that under 1785.19, you don't have to have any damages to collect your money, where as:.
1785.31. (a) Any consumer who suffers damages as a result of a violation of this title by any person may bring an action in a court of appropriate jurisdiction against that person to recover the. Following: .... There are no damages from an AR, only a hard inquiry.. |
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Christine is rarely argued with successfully..
Whether an inquiry is "hard" or "soft" is utterly irrelevant.. The purpose of the PP law is to prevent unauthorized people from seeing your credit information - period.. Whether or not it affects your score has nothing to do with it.. The only thing that does matter is what kind of an inquiry it is. A PRM (Promotional) is a very limited amount of information revealed about you. Basically it's just the "headers", your name address etc. They send a set of criteria to the CRA's and tell them to send a list of names that meet the criteria.. It's a search "subroutine" that isolates certain people and targets them to receive a direct mail offer from the co.. This AR (Account Review) however, reveals your entire report. This is what's illegal, not the fact that it affects the score.. :).. |
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In the case of insider identity theft, damages could run very high if an A/R was the source of the stolen information. Perhaps the code section that specifies "natural person" is directed at individuals who are up to no good...
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