Canadian Credit Bureaus - Trans Union Hard Inquires - Canada

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RE: Trans Union Hard Inquires

Postby macie43 » Fri Jan 31, 2014 06:29:31 PM

CPBC have had another case decided in their favour

http://www.courts.gov.bc.ca/jdb-txt/SC/14/01/2014BCSC0149.htm
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RE: Trans Union Hard Inquires

Postby fantasy » Fri Jan 31, 2014 02:19:24 PM

Thanks for the input from everyone received an email from TU they will investigate so I will update when I get a reply from them.

Also received my Equifax Credit report and CBV did 2 inquiries but the big difference is Equifax classified these inquiries as non credit related inquiries things that make you go umm

Thanks
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RE: Trans Union Hard Inquires

Postby HonestAbe » Thu Jan 30, 2014 11:00:45 PM

The credit bureaus don't even follow the legislation we have now. Hell, they don't even follow the stuff they put on their own web sites.

I could be wrong, but I don't think TransUnion will appeal the BC ruling.
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RE: Trans Union Hard Inquires

Postby had_enough » Thu Jan 30, 2014 08:56:22 PM

@Honest Abe - (Not sure what you mean by "debt collection agencies back east have won the argument". In Ontario, subsection 21(2) of Reg 103/06 (the Collections Act regulations) states that they still must send a letter of assignment 6 days before contacting you by phone. However, most don't bother complying because the Debt Regulation Unit of Ontario head at 5775 Yonge St., Toronto seems to be chip off Brian Pitkin's block. )

A little birdy told me that all legislation across the nation in regards to the the Credit reporting Act, and Debt Collection Act, is in the works to be re-written so that all provinces are on the same page with the same legislation. The meetings have been on-going for a while. You can bet the "the good ole boys club" of the financial sector, Credit Bureau's, and Collection Agencies will have a say in what benefits them the most in this new legislation, so that they can continue to rake in the money, and screw the consumer at the same time. Unfortunately, it looks like BC will lose some of the wording in the present legislation that makes us the most debtor-friendly province in Canada..........so I'm told.

re; court case

Transunion does have the right to apply for an appeal.......doesn't necessarily mean they will get one......but I'm sure their battery of lawyers are trying to find mistakes in the ruling to use in the appeal process,.......so BCCP must wait for that 30 day period based on the judicial system.....if it makes any difference on Ontario's CP lack of interest???
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RE: Trans Union Hard Inquires

Postby HonestAbe » Thu Jan 30, 2014 11:07:26 AM

No, TransUnion will keep them for 6 years before purging them, subject to keeping a minimum of the last 5. That's their phrase, or at least it was. Not worded very well. It doesn't mean that there is also a maximum number; it just means they'll retain the last 5 indefinitely, until new ones come along to bump them off if it's been more than 6 years.

I pulled my Equifax report a long time ago. Even though they use a 3- year rule for hard inquiries, I had one that was 14 years old because it was the oldest one on the list, and they always kept the last 5.

Incidentally, I contacted TransUnion's legal dept. Looks like they are still trying to fight the ruling; and Consumer Protection, in Ontario at least, is in no hurry to upset them.
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RE: Trans Union Hard Inquires

Postby TJ.brooks » Thu Jan 30, 2014 10:53:19 AM

So then adding more inquiries from new credit apps will not dump the existing old ones.
They are above their 5 min. an no max exists.
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RE: Trans Union Hard Inquires

Postby had_enough » Thu Jan 30, 2014 10:31:36 AM

Equifax seems to maintain minimum 5 inquiries as well, I've heard.

BC's legislation states ANY derogatory information on the report must be removed after the statute of 6 years, so whether its an inquiry from a collection agency, or a collection item, it must be removed. This was another argument TU fought at court for, was when the default started or "date of the event" so that any new inquiries from collection agencies on an old debt would restart the 6 year term. TU also argued that an inquiry from a collection agency is not derogatory(how ridiculous is that!!!!). Well I had a copy of a letter they sent me that commented about derogatory inquiries from debt collectors were "a statement of fact" , and that letter was used as evidence in court against their argument. The fact that they tried to argue that BCCP didn't have the experience or authority to decide on those decisions was also ludicrous.

If the credit bureau's want to keep 5 old inquiries from banking institutions after their 3 or 6 year policy, it really doesn't matter and does not affect your credit score or credit in any way, but inquiries from debt collectors corresponding to debts no longer posted on your report are considered derogatory and must be removed as well. Maybe this will make them think twice about buying old debts for pennies on the dollar, though I'm sure they will scare up business from wherever they can get away with using their harassment tactics.

@ TJ brooks - there is no policy on maximun inquiries. They are only there to show that you are shopping for credit. That is what their purpose is truly for, but each time a hard inquiry is done, it lowers your credit score.
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RE: Trans Union Hard Inquires

Postby TJ.brooks » Thu Jan 30, 2014 09:35:42 AM

If thier policy is a minimum 5 then the new credit card inquires will just make the list longer. What is the policy for max. inquiries ?
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RE: Trans Union Hard Inquires

Postby HonestAbe » Thu Jan 30, 2014 08:32:47 AM

@fantasy: TransUnion's policy has been to keep a minimum of the last 5 hard inquiries on credit reports, no matter how old they were. They got around the 6 year negative reporting period constraint (a la Brian Pitkin) by claiming that the provincial consumer reporting acts were silent on inquiries. In fact, TransUnion lawyers are still fighting to maintain that exemption, despite recent court rulings to the contrary.

Thus you might have to bump them by applying for credit cards etc., even if you don't want them.
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RE: Trans Union Hard Inquires

Postby HonestAbe » Thu Jan 30, 2014 08:13:08 AM

DanielBl and I have made the point dozens of times that "investigations" of errors by credit bureaus are a sham. As we stated many times, consumers are a nuisance to them, a cost of doing business as it were.

Not sure what you mean by "debt collection agencies back east have won the argument". In Ontario, subsection 21(2) of Reg 103/06 (the Collections Act regulations) states that they still must send a letter of assignment 6 days before contacting you by phone. However, most don't bother complying because the Debt Regulation Unit of Ontario head at 5775 Yonge St., Toronto seems to be chip off Brian Pitkin's block.
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