Post Number: 1751
|Posted on Monday, January 12, 2004 - 05:48 pm: ||
Bank Counsel FNANB
January 12, 2004
Re: Case # 080400244132003, Edwards v. FNANB Circuit City
Dear Mr. Edwards:
I posted your letters and settlement offer at my web site at http://forum.creditcourt.com/discus/messages/3337/3337.html and prior to taking further actions I would like to confirm the authenticity of the posted documentation and I want to make sure that I understand the facts correctly.
While you state in your 12/22/03 letter that FNANB did have a permissible purpose to access the credit file, I don't understand what you think the permissible purpose is.
I am not aware of a permissible purpose after a bk notification, if I overlooked this FCRA exemption, please do let me know where it is. As literally thousands of creditors receive bankruptcy filing notifications, it would be absurd if they all ran the consumers' credit. Why would or should they do that if there are no open accounts or delinquent balances?
However, this seems to be the FNANB practice, and if so, there must be many consumers whose credit files FNANB accessed after a bk notification without a permissible purpose and if you continue to claim that this is a legitimate practice, a class action should be filed.
It is especially disturbing that FNANB lowered those consumers' credit scores with HARD inquiries, causing ACTUAL damages through lower credit scores.
In your 12/29/03 letter you offer to delete these inquiries for dismissal with prejudice:
1) Inquiries can not legally be deleted as the FCRA requires that a record of all inquiries be kept.
2) The inquiries should have been recoded to "soft" inquiries after Crystal's first contact with FNANB, to ensure that they would no longer lower her FICO credit scores. To offer deletion now is not only illegal, but too little too late. Fair Isaac lowers the scores for hard inquiries only for 12 months, FNANB damaged the credit scores required for a mortgage since 3/03.
It is truly astounding that instead of immediately recoding the inquiries upon receipt of the suit to cease inflicting further damages, you require dismissal with prejudice.
Please do let me know whether there is a reason for me not to publicize the FNANB business practices and to inspire a class action as well as individual suits against FNANB. I don't think that Crystal's suit should be in small claims and my advice to her is to retain an attorney to file a new complaint in federal court.
c: Crystal Edwards
posted at http://forum.creditcourt.com/discus/messages/3337/3337.html
posted at http://www.creditsuit.org/blog/archives/000302.html