NCO Financial did an inquiry (soft) in April 2011 that I've recently discovered, and given the fact that it is now the end of that 5 yrs, I sent them a demand for $2000 due to their impermissible purpose. They had their attorney write me telling me that 1681(b) gave them permissible purpose. The first was 4/29/2011 - so that 5 yrs must have expired yesterday? The 2nd inquiry was 4/30/2011, so that 5 yrs expires today. I cannot even recall who the OC was and even my 2009 copy doesn't show a tradeline for NCO. My understanding is that collection is permissible when the OC is doing it themselves; however, there seems to be variations on this understanding. Here's the thing - can NCO PROVE there is a valid debt? NO. What contract do they have with my signature, pulling us together as creditor/debtor? None. So, in a courtroom they would have nothing. I missed the option to file yesterday due to this confusion, so now I'm down to $1000 (though the Attorney exposed his collection purpose on his envelope with "Attorney at Law", which is an FDCPA violation and another $1000). Give me some input on this, if you will please. I need to get to the court today to file for that 2nd inquiry or else let it go. Thanks!
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c Welcome to Creditnet Kalou42! My understanding is that generally speaking, the FCRA allows for a collection agency to pull your credit report too. If they were collecting on behalf of the OC, they likely had permissible purpose and could defend that. Are you sure they would have nothing linking you together as a creditor/debtor? At least it was a soft pull, so it didn't have a negative effect on your credit scores in any way .
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c Thank you for your reply. I'm now feeling bummed because I told the attorney I was going to file against NCO, but this confusion led me astray and I missed the opportunity. $2000 lost. Based on another website I subscribe to who teaches this stuff (and how to make money at it), they stand with the position that a collection agency who isn't the OC themselves cannot prove anything in court. I still can't get a straight answer from them on this confusion though, so here I am. Anyway, more studying to do, and plenty more soft pulls (and hard) to make money on. No permission or not permissible = money in our pocket
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c It's possible that the court could dismiss your lawsuit as well, so I wouldn't be too bummed. In the April 2012 decision of Pyle vs. First National Collection Bureau, the court actually dismissed the lawsuit because First National was a debt collector, and the presumption was that it had a permissible purpose for accessing Pyle's credit file. It's not always a slam dunk, like many people online try to make it out to be.
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c Specifically, the section is 1681b(a)(1)(3) Additionally, the SOL for filing under the FCRA is 2 years; and the SOL for filing under the FDCPA is only 1 year.
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c Thanks for the information on the SOLs jam, and providing the exact wording from FCRA section 1681b(a)(1)(3). It seems pretty clear to me that "or review or collection of an account of, the consumer," gives permissible purpose to a CA pursuing the collection of a debt.
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c Also, in re-reading the OP. "Attorney at Law" on an envelope doesn't necessarily convey a "collection purpose". The two relevant passages from the FDCPA are above. If they just put a postcard in the mail with the validation letter printed on the outside of the postcard, that would disclose the collection purpose, as it would have to have the mini-miranda, and the 809 notice on the postcard. "Attorney At Law" would be considered a part of the attorney's name and address. People receive letters from attorney's for non-collection purposes all of the time; whether because they are engaged in business with the attorney, or doing business with someone who does business with a specific attorney, or because they've been identified as an heir to an estate that they are going through the probate process. From the FTC Commentary (although no longer hosted at the FTC)
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c Hi Jam, I am just seeing your response now. My login doesn't give me notices that someone has responded, so this went unnoticed. Thank you for responding. There is another educational website, whose monthly subscription is far from free, that teaches this stuff and they have indicated pursuit in court over the "attorney at law" on an envelope. So far, they win most of their lawsuits and make quite a bit of money doing so. However, they do not give one-on-one help to subscribers, which is why I refuse to continue paying them. You guys respond more directly and to the point on here than they do on their site. I thank you for that. I pm'd you - did you get it? It doesn't show up in my sent messages.
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c Hey Kalou- FYI, when you start a new thread there is a "Subscription" option at the bottom of the page which allows you to determine how often you would like to be notified of responses to your posts. I'd recommend choosing "daily emails" before you post so that you know when people have taken the time to respond. If you're wanting to follow a post you didn't start, you can click on the "Thread Tools" drop down at the top of the post and choose "Subscribe to this thread". Then you'll receive notice anytime there is a new post on the thread. Hope that helps.
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c Oh, awesome! Thank you for explaining that - I will now do that going forward.
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c No problem Kalou!
Re: FCRA 1681(b) help - 5 yr SOL on inquiry by collector... wanting to sue but need c There are plenty of places which will teach plenty of other ideas, and they may be able to win some of them. There may be a lot of people who hear some of my case ideas, and think "What!?" but I make sure that I have all of my ducks in a row before even considering that option. Which is also one of the reasons that I can't talk about how successful I usually am.
