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Showing results for tags 'non permissible purpose'.
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After doing much research, I am having a hard time completely understanding the rules on this. My SO and I have a joint automobile loan together, since July of 2012. It is being inaccurately reported on my TU and EQ reports, being listed as an individual account, and it is not being reported at all on my SO's. We happened to stumble upon this because she applied for a Mortgage, and was denied based on the fact that she had "insufficient credit." She has a credit score of 637. She has no negative TL on her report, other than a discharged bankruptcy from 2005. She has a current auto loan( since Apr 2012) on her van through her CU, and although they do not report to CRA's, she has been on time with all of her payments. Mortgage company verified with both CU, and finance company as to payment history, etc. Mortgage company told SO to open another TL that would report to CRA such as gas card, store charge, etc, and after 60 days of the new TL reporting to CRA's she would then qualify for mortgage. SO applied for gas card and was also denied, based on "insufficient credit." After contacting our finance company the first time, on May 13, 2013, (I did not realize at this point that it was being reported as an individual account on my reports) they stated that they did not know why it was not reporting to SO's reports, and that they have updated their files, and should start reporting. After 60 days had lapsed, it was still not reporting to SO's reports, and now there was a hard inquiry by the finance company on both her TU and EQ, dated May 13, 2013. I called the finance company again on July 18, 2013, and reiterated the situation. I also explained that they were reporting my account as an individual account, and that it should be reporting as a joint account. I also informed them that they had performed a "hard inquiry" on SO's TU and EQ, and asked them why it was there. The finance company stated that they would correct the TL to reflect a joint account on my reports. They also stated that after looking into the matter, that it should have been updated with the CRA's but they were not sure why it wasn't. They stated that they updated the database in their software program that they use to report to CRA's to reflect joint account on both mine and SO's reports, and that they also sent a hard copy of the updated TL to TU and EQ in regards to reporting to SO's reports. In regards to the "hard inquiry" on SO's reports, they stated that they had to pull in order to be able to report TL to TU and EQ in regards to SO. They also then stated that they would have to pull another one because it was not reported properly the first time that I called back in May. My questions are: 1) I t is my understanding that because we have an open account with the finance company, that it could be construed as permissible purpose to pull her report for something such as account review or to verify continued eligibility, but is it permissible to pull a "hard inquiry" in order to be able to report to the CRA's, and furthermore is it actually required by finance company to do so? 2) Is it possible (and would it be beneficial) for SO to file a dispute with CRA's because the finance company is not accurately reporting her TL to CRA's? If not, is there any verbage under the FCRA that enforces legal requirements for disputing inaccurate information with the finance company? 3) Are there any potential or actual damages incurred by SO, in the form of adverse actions resulting from the finance company not accurately reporting her TL, that could be used as "ammo" to get finance company to accurately report both TL's? (ie, had finance company been accurately reporting to CRA, SO would not have been denied "new credit'") Any and all help would be greatly appreciate on the matter.