Bank of America Hard Inquiry - No Business Relationship

[disenchanted]

Received an email alert from Experian that I had a significant change to my credit report. Logged into Experian and found out that I had a hard inquiry from Bank of America for what was described as "bank credit cards."

 

I called the BOFA number listed on the inquiry and explained that I had no business relationship with BOFA, hadn't applied for any credit, and wanted to know the purpose for this inquiry. The rep denied that BOFA had done the inquiry and confirmed my last activity with them was 13 years ago. I have no open accounts, to include bank accounts with them period. The account I did have was discharged 13 years ago in a bankruptcy.

 

Any idea what is going on?

 

Has anyone else had this happen?

 

I've sent Experian a letter disputing this inquiry but I'm really concerned that someone might be trying to pull some identity theft stuff.

 

I found where some people had mentioned that BOFA does a hard inquiry when a bank account is opened, but again, I did no such thing.

 

Any help would be appreciated.I

 

If nothing else, I'm posting this in case they do it to other people as well.

[evapor8ted]

Yeah that's identity theft-y. But the fact that BOA couldn't find anything is good, possible someone miskeyed a social. Did any contact information show up on EX that you don't recognize? Addresses, year of birth, name, employer.

 

Good luck getting it removed, you may be stuck with it on EX. If you find anything else other than the inquiry I would suggest a fraud alert. Freeze it too because EX inquiries are a PITA!!!

[disenchanted]

Everything else looks normal. I don't see any new addresses or new accounts, just this out of the blue inquiry.

 

Of course it's my problem to get it removed.

 

I'm so sick of this credit score game; these agencies are nothing but money grubbing, info selling parasites.

[ICANHASMUNY?]

you could call Experian's fraud dept. and get more information -

 

Experian
1-888-397-3742

 

state that you have a unknown inquiry from BOA, you've called BOA, they claim there wasn't an inquiry, but EX is reporting one -

 

not sure if this is a mix up on EX end or BOA's or whether it's ID theft related - you want it blocked and more information

 

 

did you call BOA's fraud dept?

 

Report fraudulent or suspicious activity not associated with Online
Banking

English

1.800.432.1000

1.315.724.4022 international collect
Monday–Friday 7 a.m.–10 p.m. local
time
Saturday–Sunday 8 a.m.–5 p.m. local time

 

if you did, and they deny it, then;

 

Send BOA a FACTA request in Writing to their Fraud Dept.

Bank of America Fraud Dept.

PO Box 25118Tampa, FL 33622-5118

 

Dear BOA,

 

On xx-xx-xxxx, My Experian report indicated that your firm made a hard inquiry / pulled my credit report in relation to a application for credit.

 

I have not applied for any credit with your bank or affiliates, and contacted your customer service rep @ xxx-xxx-xxxx, who denied that BOA made any such inquiry.

 

on xx-xx-xxxx I contacted Experian's Fraud Dept, who gave me the following information ______ yada, yada ____ and confirmed that your Bank indeed made such an inquiry.

 

I'm quite concerned that this an attempt at ID theft, and am demanding that your firm supply me with all information regarding this application for credit in accordance with FACTA rules and regulations.

 

I also demand that you remove this inquiry from my credit report pursuant to FACTA rules.

 

In accordance with section 609(e) of the Fair Credit Reporting Act, please send me copies of business records relating to the fraud I described.

 

The law directs you to provide me with these documents for free and without requiring a subpoena within thirty days of getting my request. I have enclosed a copy of my Identity Theft Report and proof of my identity.

 

Please send me copies of all records relating to the fraud, including:

• Account applications made on paper, online or by phone
• Delivery addresses associated with the application
• All records of phone numbers used to apply
• Investigator’s report
• All other documents associated with the account or application.

 

Yours Truly.

[disenchanted]

I called the BOFA numbers and so far I'm an hour into this and still getting bounced around. The last lady couldn't speak English and proceeded to tell me that because I have a 13 year old debt with BOFA that was discharged in bankruptcy, that it's OK for them to doing inquiries, hard or soft on my credit report. She refused to let me speak to a supervisor. And she would not let me opt out of marketing unless I gave her an email address and my phone number. Of course I don't want them getting any more information than they already have if some type of fraud is going on. When I asked if I had any type of open account such as banking, checking, credit, mortgage etc., she said no, but also said she can't see those accounts. I'm still on hold now with the latest transfer.

 

Latest office says I have no open accounts, nor does she see any applications made, but that doesn't mean that there was in fact an application. More doubletalk. She's submitting a dispute to Experian stating I said it was fraud, and I'm supposed to get a letter in the mail within 30 days stating the outcome of the investigation.

 

My freaking blood pressure is probably 200 right now.

[disenchanted]

Man that was annoying because her coworkers were making so much noise in the background laughing and carrying on with personal stuff, I could barely hear her. Another weird thing she said was that my bk discharge debt was sold in 2003 to a collection agency. But when I told her my bk was in 2000 and discharged in 2001, she acknowledged that as well. Why would they sell worthless bk debt, or who would buy such debt?

[disenchanted]

Talked to Experian. They are opening an investigation and have put a fraud alert on my credit file because of my Experian Direct membership.

 

Can't believe this. The Experian lady says that a creditor is still allowed to access my credit report for a debt despite that debt being discharged over 10 years ago in bk. I can't believe that is allowed, especially since they can't even no longer report the bk itself.

 

Can anyone confirm if that is correct?

[bostonte]

Permissible purpose should end when the debt is discharged.

[ICANHASMUNY?]

Talked to Experian. They are opening an investigation and have put a fraud alert on my credit file because of my Experian Direct membership.

 

Can't believe this. The Experian lady says that a creditor is still allowed to access my credit report for a debt despite that debt being discharged over 10 years ago in bk. I can't believe that is allowed, especially since they can't even no longer report the bk itself.

 

Can anyone confirm if that is correct?

no, they sold the debt.

 

if anything, they could do an Account review - but that is a soft pull, and coded as such. hard pulls are for applications.

 

the debt was sold, it was discharged in BK, and there is no further business relationship to speak of so, no they no longer have a permissible purpose. it's not their debt anymore.

 

if Experian states it's OK for them to do that, then file the complaint with the CFPB.

 

the user must have a "legitimate business need for the information in connection with a business transaction involving the consumer." 15 U.S.C. § 1681b(3)(E)

 

vHeath v. Credit Bureau of Sheridan, Inc., 618 F.2d at 696 ("Congress meant to prevent intrusions into consumers' private affairs when no legitimate transaction was actually imminent");

 

 

Letter from Clarke W. Brinckerhoff, Federal Trade Commission, to Kenneth J. Benner, American Council on Consumer Awareness (Aug. 30, 1999) ("Once an account is closed because the consumer has paid the debt in full . . . it is our view that no permissible purpose exists for a [consumer reporting agency] to provide file information . . . to the creditor. Because there no longer exists any account to `review' and the consumer is not applying for credit, the FCRA provides no permissible purpose for the creditor to receive a consumer report from [the agency]."). Citing 15 U.S.C. § 1681s-2(a)(2

[disenchanted]

 

 

 

Talked to Experian. They are opening an investigation and have put a fraud alert on my credit file because of my Experian Direct membership.

 

Can't believe this. The Experian lady says that a creditor is still allowed to access my credit report for a debt despite that debt being discharged over 10 years ago in bk. I can't believe that is allowed, especially since they can't even no longer report the bk itself.

 

Can anyone confirm if that is correct?

no, they sold the debt.

 

if anything, they could do an Account review - but that is a soft pull, and coded as such. hard pulls are for applications.

 

the debt was sold, it was discharged in BK, and there is no further business relationship to speak of so, no they no longer have a permissible purpose. it's not their debt anymore.

 

if Experian states it's OK for them to do that, then file the complaint with the CFPB.

 

the user must have a "legitimate business need for the information in connection with a business transaction involving the consumer." 15 U.S.C. § 1681b(3)(E)

 

vHeath v. Credit Bureau of Sheridan, Inc., 618 F.2d at 696 ("Congress meant to prevent intrusions into consumers' private affairs when no legitimate transaction was actually imminent");

 

 

Letter from Clarke W. Brinckerhoff, Federal Trade Commission, to Kenneth J. Benner, American Council on Consumer Awareness (Aug. 30, 1999) ("Once an account is closed because the consumer has paid the debt in full . . . it is our view that no permissible purpose exists for a [consumer reporting agency] to provide file information . . . to the creditor. Because there no longer exists any account to `review' and the consumer is not applying for credit, the FCRA provides no permissible purpose for the creditor to receive a consumer report from [the agency]."). Citing 15 U.S.C. § 1681s-2(a)(2

Thanks for the info.

 

One thing I can tell you in regards to the soft pull comment is that is not what's happening on my report. I have a couple of accounts in collection that keep getting sold from one collection agency to another. And all the big name collection agencies that have had the accounts have all done hard pulls (inquiries). I've bitched to Experian about it and they just tell me that it's allowable.

 

Each time a new collection agency gets one of the accounts and contacts me, I send them a cease and desist letter that also informs them that I'm a disabled veteran. I then proceed to tell them that all of my income is federally protected against garnishment, and I demand they advise any court of that if filing any action against me. Next thing you know, a few months later the account is sold, or returned to the original creditor.

Edited June 19, 2013 by disenchanted