Can a collection agency who is trying to collect an 11 year old debt, do a hard inquiry on my credit report legally??? I canâ??t find anything in the FDCPA that addresses this. I already wrote the company and cited several violations. They responded that they had legal rights to pull my credit report, and refuse to remove the inquiry. Does anyone know of a reference or law that does not allow this? They are a collection agency that bought a combined debt that is no longer on any of my reports, and that is over 11 years DOLA. I really donâ??t think itâ??s even mine.
Re: Can CA pull hard inq on 11 yr d I'm sure people can come up with the exact stuff you need - but no - this doesn't sound right! Mommy2cats
Re: Can CA pull hard inq on 11 yr d Under the FCRA, they are allowed to pull your credit when they are trying to collect a debt. This raises an interesting question, though. I have to assume that if the debt is 11 years old, the SOL has passed, is that correct? Which, in essence, makes the debt uncollectable. It could be argued that since the debt is uncollectable, they actually did not have a permissible purpose to run your credit. I don't really know, it is just a thought . . . On the other hand, if it really is not your debt, then they don't have a permissible purpose -- if they have incorrect information as to who the debtor is, that isn't really your problem. I would make them validate the debt as a starting point.
Re: Can CA pull hard inq on 11 yr d Thanks herauntsis. Their response to my request for validation was that they were not going to attempt to collect or sell this account any further, fand they are going to stop all further contact with me. The issue I have now is that I want that inquiry removed, which they say they won't do. However, I know there is no way they could validate this debt either, which is why they said they wouldn't make any further efforts...
Re: Can CA pull hard inq on 11 yr d Mike, I think herauntsis is right on. If it's beyond the sol I don't think they can "poison" your CR. They do so to get the last laugh.
Re: Can CA pull hard inq on 11 yr d Which bureau is the inquiry on? If its EQ or TU maybe you can get rid of it using bumpage?
Re: Can CA pull hard inq on 11 yr d Thanks Butch. So how can I get the last laugh? Is there anything you can think of that I could use to combat them?
Re: Can CA pull hard inq on 11 yr d The way I see this, if they can't prove it is your debt, they have no business pulling your credit. They can't just go around running credit reports on the off chance that you might owe them money. I would let them know in no uncertain terms that if they don't get that inquiry off RIGHT NOW, you are going to file suit. I am pretty quick on the trigger when it comes to stuff like this, so maybe someone else has a milder solution?
Re: Can CA pull hard inq on 11 yr d Is debt collection considered a permissible pupose to pull an account. I thought that it had to be either a offer to extend credit or a review of an active account. I could be wrong though I have been before
Re: Can CA pull hard inq on 11 yr d "(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer;" This portion of the FCRA gives them the right to pull a report in connection with collecting a debt.
Re: Can CA pull hard inq on 11 yr d It takes a TON of studying to get on top of this. Collecting on an account IS a permissable Purpose. Welcome to the board.
Re: Can CA pull hard inq on 11 yr d I don't argue with whether or not they can pull my report for review in the attempt to collect a debt. Where my argument, or rather question is, can they do that 6 years after the SOL has expired? This account, or rather collection of accounts, has been dead for many years. It's like me going back to them and saying: "OK, I had a cc with you 13 years ago. I closed it 11 years ago, but want you to open it back up with the old cl and interest rate without any questions. I would also like you to report as the original tradeline showing on time and open all these years." So what use is the SOL if no-one adheres to it? Doesn't that apply here???
Re: Can CA pull hard inq on 11 yr d I would say if they can't validate the debt and it's pat the SOL no permissable purpose existed. Just depends on far you want go with it.
Re: Can CA pull hard inq on 11 yr d Christine at BayHouse.com has an excellent letter concerning inquiries here. Gib
See the following link. Christine at bayhouse won $1,000 from Wells Fargo for pulling an unauthorized credit report on her. http://www.bayhouse.com/credit-forum/showthread.php?s=&threadid=229 Go to the site and read the thread, as it has a copy of the check she rec'd. Meanwhile here is what she cited in her letter to Wells Fargo. FCRA: $1000 minimum for credit inquiry w/o permissible purpose??? Via fax to 925-686-7551 Wells Fargo Legal Department November 5, 2001 To whom it may concern: As per my Equifax credit report, Wells Fargo obtained my credit file on 7/19/01. I don't recall applying for credit or employment with Wells Fargo. From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] "(b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater." From the 1998 FTC opinion letter Greenblatt at http://www.ftc.gov/os/statutes/fcra/greenblt.htm: "Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured." Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of $1,000 by November 15, 2001. Please respond via fax to 206-202-4653. Sincerely, Christine Baker http://www.bayhouse.com/credit-forum/showthread.php?s=&threadid=229
Thanks ljones and gib! That link really opened my eyes. It was just what I was looking for. I will follow up first thing Monday morning with what Christine did. Thanks again.
Nodding with Gib, I'd quote them the unconscionable and unfair and deceptive portions of the FDCPA, ask them under what authority they are pulling your report, and tell them a check for $1,000 and deletion (with proof to you in writing) will cure their violation. Otherwise, you'll be compelled to tattle to the FTC and your state's AG, theirs too, the BBB, whoever licenses them, Secretary of State, State Department of Banking, State Comptroller, and any other applicable regulatory agency, while you are contemplating further legal action. Sassy
Sassy, leave it to you to complete the picture!!! I was wondering who else I could include in the letter... Which reminds me, I think I'll check whether they are licensed in the state of Kansas. I could use a thousand dollars!
