Author Topic: Dispute Credit pull?  (Read 19601 times)

Offline TAVI

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Re: Dispute Credit pull?
« Reply #195 on: November 27, 2016, 09:05:01 PM »
No. There's absolutely nothing, anywhere in credit law, that distinguishes between "hard" and "soft" credit pulls.

We're back to where the thread started: If it's illegal for banks to make a so-called "hard" pull of one's credit for purposes of account review, it should be easy to cite the relevant statute(s) forbidding it.

JSK, I understand that you are looking for a hard "ink on paper" proof, and hopefully someone with credit law expertise can shed some light, if such exists, but it sure ain't me.

if i understand correctly, the counter-argument to your point is based on "inference" of bank / FI actions in reality and the assumption that it is based on legal precedence.

any-hows, its just credit law, not worth losing sleep over it :) 

Offline jsk173

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Re: Dispute Credit pull?
« Reply #196 on: November 27, 2016, 09:16:53 PM »
if i understand correctly, the counter-argument to your point is based on "inference" of bank / FI actions in reality and the assumption that it is based on legal precedence.

Sure, but after two months, no one has been able to cite a single statute that backs up their assumption.

(I agree that it's not worth losing sleep over.)

Offline hvaces42

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Re: Dispute Credit pull?
« Reply #197 on: November 27, 2016, 10:16:01 PM »
Sure, but after two months, no one has been able to cite a single statute that backs up their assumption.

(I agree that it's not worth losing sleep over.)
Maybe off topic...what year of law school are you currently in?
Your hangup with citing chapter and verse is very interesting.
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Offline jsk173

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Re: Dispute Credit pull?
« Reply #198 on: November 27, 2016, 10:18:54 PM »
Maybe off topic...what year of law school are you currently in?
Your hangup with citing chapter and verse is very interesting.

It's not a "hang up." You can't sue a bank without citing a law that was violated.

Offline hvaces42

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Re: Dispute Credit pull?
« Reply #199 on: November 27, 2016, 10:23:28 PM »
It's not a "hang up." You can't sue a bank without citing a law that was violated.
Really? There is a whole body of common law that is not codified which allow you to sue in equity rather than in law. You dont always need a statute.
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Offline jsk173

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Re: Dispute Credit pull?
« Reply #200 on: November 27, 2016, 10:27:33 PM »
Really? There is a whole body of common law that is not codified which allow you to sue in equity rather than in law. You dont always need a statute.

Then cite something in support. This isn't hard.

Offline hvaces42

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Re: Dispute Credit pull?
« Reply #201 on: November 27, 2016, 10:48:48 PM »
Then cite something in support. This isn't hard.
If you want to drive the wrong way on the freeway and call everyone else crazy thats your prerogative. No one has to cite anything for all of us to know that the bank cannot do what it wants. Pulling your credit lowers your credit score and affects your ability to obtain cheaper credit.  If you cant make a case out of that you shouldnt be practicing law. Equity dictates that its wrong. I would argue that case any day and twice on sunday (if the courthouse was open).

Im sure you can find many cases to back up the proposition that improperly affecting ones creditworthiness is actionable.
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Offline jsk173

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Re: Dispute Credit pull?
« Reply #202 on: November 27, 2016, 10:56:07 PM »
If you want to drive the wrong way on the freeway and call everyone else crazy thats your prerogative. No one has to cite anything for all of us to know that the bank cannot do what it wants. Pulling your credit lowers your credit score and affects your ability to obtain cheaper credit.  If you cant make a case out of that you shouldnt be practicing law. Equity dictates that its wrong. I would argue that case any day and twice on sunday (if the courthouse was open).

Im sure you can find many cases to back up the proposition that improperly affecting ones creditworthiness is actionable.

All you're doing is posting the same wrong argument that others have posted.

The relevant statute has been posted several times, nothing in the statute says anything about hard vs. soft pulls, and sections (3)(F)(i) and (3)(F)(ii) give banks the right to pull an existing customer's credit at any time for purposes of account review.

If you have something new to add, please post it. Otherwise, how about we don't go in the same circle for the 40th time?

Offline JTZ

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Re: Dispute Credit pull?
« Reply #203 on: November 27, 2016, 11:01:26 PM »
The mistake is assuming because the FRCA does not state hard vs soft you can pull either. Courts have ruled that is not the case. The case cited was won because they were doing hard pulls. If they were doing soft pulls they would have lost. There would be no damage if they would have done soft pulls. At some point you need to use common sense.
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Offline churnbabychurn

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Re: Dispute Credit pull?
« Reply #204 on: November 27, 2016, 11:02:42 PM »
All you're doing is posting the same wrong argument that others have posted.

...

If you have something new to add, please post it. Otherwise, how about we don't go in the same circle for the 40th time?
That is what you are doing. Like a broken record.
Can you please respond to the comment you quoted? Put up or shut up.

Offline jsk173

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Re: Dispute Credit pull?
« Reply #205 on: November 27, 2016, 11:09:42 PM »
The mistake is assuming because the FRCA does not state hard vs soft you can pull either. Courts have ruled that is not the case.

This is incredibly dishonest. You haven't cited a single case in which "courts have ruled" on this topic.

You cited one SETTLEMENT of a case that was TOTALLY DIFFERENT than the situation under discussion here.

Quote
The case cited was won because they were doing hard pulls. If they were doing soft pulls they would have lost. There would be no damage if they would have done soft pulls.

LOL. The case wasn't "won" at all; the case was settled. And the firm was wrong because it did hard-pull credit checks on PEOPLE WHO WEREN'T CUSTOMERS.

Quote
At some point you need to use common sense.

Physician, heal thyself.

Offline jsk173

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Re: Dispute Credit pull?
« Reply #206 on: November 27, 2016, 11:11:32 PM »
That is what you are doing. Like a broken record.
Can you please respond to the comment you quoted? Put up or shut up.

Physician, heal thyself.

You haven't cited a single thing in support of the position you're trying to defend.

Offline hvaces42

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Re: Dispute Credit pull?
« Reply #207 on: November 27, 2016, 11:13:38 PM »
Your hangup with citation is childish. A good lawyer makes caselaw.
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Offline churnbabychurn

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Re: Dispute Credit pull?
« Reply #208 on: November 27, 2016, 11:13:52 PM »
Physician, heal thyself.

You haven't cited a single thing in support of the position you're trying to defend.
I'm not trying to defend any position.
 I'm trying to get you to follow and participate in a normal conversation, instead of repeating the exact same post dozens of times.

Again, please respond to the comment you quoted.

Offline churnbabychurn

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Re: Dispute Credit pull?
« Reply #209 on: November 27, 2016, 11:15:27 PM »
Your hangup with citation is childish. A good lawyer makes caselaw.
To this he responds: "But citation" wah wah wah.


Pathetic.