Should I Sue or Let it Go??

Discussion in 'Credit Talk' started by lbowman, Dec 20, 2002.

  1. lbowman

    lbowman Well-Known Member

    OK....I posted a few weeks ago about EMCC, Inc. Well, the investigation with EQ is over and the item was removed because they didn't respond. However, a few weeks ago they pulled an inquiry on my TU report. The notation shows PERMISSIBLE PURPOSE. I gave them no authorization to pull my report and am livid that they did this. The account is NOT reported on TU and they had no reason to pull a report there. Although the item was removed from EQ, should I sue for the inquiry pull with TU or just let it go and be grateful that it went away (for now)??
    If I sue, any clues on where to begin (what violation to sue for, amount to sue for, etc).

    TIA

    LB
     
  2. uniondiva

    uniondiva Well-Known Member

    even though it is not listed on your cr, wouldn't they still have PP if they are still attempting to collect the account?
     
  3. lbowman

    lbowman Well-Known Member

    That's the thing. To make a long story short,

    1) I noticed in March of this year that they had reported this tradeline
    2) I sent a validation letter to them
    3) I disputed with TU
    4) After no response from the validation letter, I sent the estoppel
    5) The tradeline was removed. Not sure if it was because of estoppel letter or because they didn't respond to the investigation
    6) Fast forward to November. The tradeline is back. This time on EQ.
    7) I disputed with EQ
    8) I faxed EMCC an intent-to-sue letter. They ignore me
    9) Today, the tradeline is removed because they didn't respond to the investigation.

    Somewhere in this mix, do you think that had cause to pull my TU report? If not, what should I do from here?

    Thanks in advance.

    -LB
     
  4. breeze

    breeze Well-Known Member

    If they really have your account, they do have permissible purpose. If it is an account that was paid off before they got it (I'm thinking of their screwups with the old x.com accounts), then no, they don't have PP.
     
  5. jlynn

    jlynn Well-Known Member

    But isn't pulling a hard considered continuing collection activity since they never validated?
     
  6. lbowman

    lbowman Well-Known Member

    They haven't bought the account. They're a CA for Gateway so I don't think that they "hold" the acct. I think I'll just leave well enough alone and accept my deletion with a smile.

    -LB
     
  7. lbowman

    lbowman Well-Known Member

    That's exactly what I thought.....I'm confused.

    -LB
     
  8. breeze

    breeze Well-Known Member

    No, FTC opinion letters state that reporting the account after failing to validate constitutes continued collection activity, but it doesn't say they can't pull your report.
     
  9. lbrown59

    lbrown59 Well-Known Member

    But if they did not validate then there is no account.
    No account equals no permissible purpose to pull your report

    BUDGET HOMES CO.
     
  10. lbrown59

    lbrown59 Well-Known Member

    But if they did not validate then there is no account.
    No account equals no permissible purpose to pull your report

    BUDGET HOMES CO.
     

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