That's a good question. I'm not sure what is the answer to your question. I'll do some research in Google and get back to you if I got an decent answer. You should email the people at Lending Tree as they probably could help you..

Thanks Boywonder....

No - we did not reaffirm - it was included and discharged in our bk. The cust. svce person I had on the phone today had me all fired up...trying to say we were still responsible for the Lending Tree loan even if it was discharged and they have a right to access the file???? Also they used an outside real estate company to access our file on behalf of them which I thought was strange? FYI - this Lending Tree loan ended up paid in full with the sale of my home (the house increased 80k in 7 months (of course after I file)...(no luck!)....

Anyway, I did send them a letter outlining the violations and asking for a settlement of $15,000.00 (2,500 per occurance- i'm in california) (this was only for my violations, I will send a sep. letter for my husbands) I faxed and rec'vd a confirmation it went through OK, but should I also follow up and send snail mail CRRR? Will they just ignore my letter? If they do, will I have more of a case if I retain an attorney? Anyone out there have any experience with this?.

I guess I should find an attorney..but don't have the extra cash to pay for it..do you think they would do this on a percentage of recovery?.

Between my file and my husband's it's 10 inquiries @ 2,500 each....

Does anyone ever actually receive payment on this if they do take it to court?.

Can anyone recommend an attorney in the LA area?.

Thanks,.

Brando..

Also, 2 of the inquiries occurred after someone moved into our home in October? I had an inquiry in November and December 02? What possible reason would they have to do this when somebody had already purchased and moved into my house? and they rec'vd full payoff of the Lending Tree loan (I rec'vd the paid in full Lending Tree loan docs in early December?)..

From my experience, these are fairly easy to win. The FCRA provides for reimbursement of attorneys fees and court costs. Forget contingencyan attorney would get reimbursed for hourly fees for this one. The fact that they used a front company to try to conceal their impermissible pulls is especially damaging to this company. It would be foolish to settle for less than the full amount..

In the interim, file a complaint with the BBB against this company. They are likely to respond to this and say something on paper that may come back to haunt them. The purpose of the BBB complaint is not to resolve the matter (that seldom happens) but to get a preview of what defense they will claim in court. Don't be surprised if they ignore your initial settlement letter. Many of these low lifes are initially hostile and defiant until you serve them with a summons...

Were these hard inquiries or soft inquiries? I have a similar situation with a credit card company that was pulling soft inquiries?..

Can anyone out there recommend an attorney in the Los Angeles area that handles this type of case?.

Thanks,.

Brando..