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Kevin C Mallon

Kevin Mallon’s Answers

110 total


  • Do I have grounds to sue a car dealership that ran my credit nearly a dozen times without permission, lowering my credit score?

    I received a pre-approval letter from a lender for a car loan. The lender instructed me to find a car at its partner dealership. I presented the approval code to the salesperson and told him the cars I was interested in. The sales person took the ...

    Kevin’s Answer

    If you had independent financing and did not give them permission to run your credit the that could possible be a violation of the FCRA. Could be a tough case to prove though unless you have lots of evidence in writing. But if you have real damages because of mortagage issues due to this it might be worth pursuing. Good luck.

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  • Do have any legal recourse against the dealership?

    In mid May 2015, I went to a car dealership and instructed them to run my credit with one finance company only. Since then I have received approximately 7 rejection letters or notifications concerning this instance. Also, my credit score, accord...

    Kevin’s Answer

    Unless you have something in writing to that effect it would be nearly impossible to prove your case. Multiple inquires for the same type of credit done within 30 days are not supposed have a cumulative impact on your credit score either. I'd be surprised is the 43 point drop was due largely to those inquiries. Sorry I don't have a more positive answer for you.

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  • Do I need to proceed with suing the debt collector?

    I've been repairing my credit now for about 4 months and I've gotten really good results, but Experian refuses to dispute anything else on my credit report that I've previously desputed. First time I disputed with Experian, they didn't remove anyt...

    Kevin’s Answer

    What proof have you sent them that these items do not belong to you? Do they belong to you? If they don't and you have sent them sufficient proof to prove that then you might have a very good lawsuit against Experian. If that's the case you should contact a lawyer with a lot of experience bringing FCRA lawsuits.

    Good luck.

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  • Can you have a credit check just before bankruptcy to change cell carrier to try save money

    trying to save money in cell and cable providers before bankruptcy

    Kevin’s Answer

    Yes, I don't see anything wrong with that. If you were to take out a new line of credit with the intent of merely discharging it in bankruptcy that would be a problem, but so long as you plan on paying your cell phone bill I can't see anything improper about having them check your credit before your bankruptcy is filed.

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  • Can I take a company to court for placing a bill on my credit report as delinquent when I believe that I was never responsible .

    When I went to purchase a new car I was informed that I had a bill in collections on my credit report. This bill caused my interest rate to go from 1.99% to 4.99%. After speaking at length with the company I decided to fille a complaint with the ...

    Kevin’s Answer

    You won't be able to sue the collections company under the Fair Credit Reporting Act because you can only sue them after you've disputed the item with the credit reporting agencies. If the account did not belong to you and the debt collector had reason to know that - or that the account was not accurate in some way - you may be ale to hold them liable for your increased interest rate pursuant to the Fair Debt Collection Practices Act, which cover third party debt collectors.

    You'll need to contact an experienced attorney to see if you have a valid claim.

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  • How do I fix my credit?

    My grandfather took a credit card out in my name with his address on it and gave it to me to use, saying that he would take care of it all. Once I realized that he wasn't making payments anymore I stopped using it, cut it up, and called to have my...

    Kevin’s Answer

    If you used the card it's going to be nearly impossible to get it removed from your credit reports. You're best bet is to try and make a deal with the collector to settle the debt in exchange for them removing it from your credit report. The original creditor will still report it but at least it won't show as a collections account on your credit report anymore. Best of luck going forward.

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  • How do i get a conviction off my credit report.

    i was convicted of a crime and had it appealed and the case was charges were dropped and dismissed as a he said she said.

    Kevin’s Answer

    The conviction should be removed but the likelihood is it will only be removed if you notify specific background search companies that the conviction was overturned. The difficult part for you is that there are many background search companies. Unfortunately the fact that you were arrested can still be reported on your reports for 7 years from the date of the arrest.

    If you apply for a job or credit and the conviction is sent as part of your background search I'd contact an experienced credit reporting attorney immediately. Best of luck.

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  • Discover credit card company mistakenly reported to all major credit reporting agencies that I passed away. Can I sue them?

    It happened in very unfortunate time as I was busy refinancing my student loans and also trying to buy a car. I had very decent credit score of around 760 with good income. However, due to that erroneous report, my applications got turned down. It...

    Kevin’s Answer

    Unfortunately you'll need to dispute this inaccuracy with each of the credit reporting agencies before you have a valid FCRA claim vs. Discover. You may, however, already have a valid FCRA claim against each of the credit reporting agencies for falsely stating that you are deceased. I'd strongly encourage you to locate an experienced FCRA attorney who should be able to provide you with some assistance at no charge to you.

    Best of luck!

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  • My twin brother's credit issues are showing up on my credit report. His are showing up on my dad's.

    My twin brother and I have similar first names (1 different initial) and the same letter for our middle initial. Our SSNs are four digits apart (first 5 are the same and last four are DRASTICALLY different). Our driver's licenses are similar as we...

    Kevin’s Answer

    You have what is known as a "mixed file." To be totally honest your case against the credit reporting agencies may be very lucrative - it is not uncommon for mixed file cases to settle for $100,000 or more. They key is to find an experienced FCRA attorney who knows how to properly evaluate your case. It doesn't matter if the attorney is in your state or not - what matters is their level of experience suing credit reporting agencies. The attorney should also offer free consultations and not seek to charge you any out of pocket fees. The wrong attorney will not know how to properly evaluate your case.

    I would not dispute these items again or take any further action until you've consulted with an experienced attorney regarding your problem. Good luck!

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  • Who can obtain open records reports? Can open records reports be changed/removed? How to fix open records inaccuracies?

    I've previously asked about removal/improvement of municipal violations that I have. Beyond the answers I've gotten about this, can I do anything about open records reports (to which I have more of than actual municipal ordinances)? Removal or "hi...

    Kevin’s Answer

    I don't think that it will be possible for you to "hide" your public records from public view. The only option I can think of would be an expungement of any criminal record you may have. But this is really a local issue so you'd want to possibly contact a local criminal defense attorney assuming you are referring to criminal charges and/or convictions.

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