requested validation from a CA they had no proof and deleted the TL from my CR. 90 days later they all of a sudden found proof is it legal to resume collection activity once it was past the 30 day validation process. and re-pull hard inquiry?
IMHO, yes to the resume of collection activity and no to the hard inquiry. but i am sure people here have gone through it can shed some light.
Re: Re: CA continued validation ? but did they ever validate with the poster prior to resumeing collection activity ????????????? If not it's 2 voilations 1* Reporting & 2* resuming collection activity .
Re: Re: CA continued validation ? the Ca did not have any proof so they removed the TL from my report 60 days after that they still had no proof & they pulled the hard inquiry. sent a written request inquiring about their PP for the pull 3 days later they send me a partial validation with no response in writting in regards to the pull. they had not had the proof when the pull occured. I sent another written dispute in regards to the partial validation the ca is still trying to obtain proof from the Oc of the actually amount that is allegdally owed. I called the CA and they claim their PP for the pull is to see if it is worth their time to pursue me for collection of this acct or if I owe other people. I dont see how they could do this if they had no proof of the debt even being due to even attempt collection. I do know that a CA if they obtain proof can resume collection but at this point they have nothing that proves the actual amount owed they are trying to collect. I am wondering if anyone else has been in this same situation and if they have pursed legal action and the outcome.
Re: Re: CA continued validation ? To begin collection, NOTHING is required, except for the OC to CLAIM that they are owed an amount. At any time PRIOR to a validation request under Section 809, they are free to pull your credit report, as long as they have not received a validation request (or a previous CA received a validation request under 809, which made the account subject to the Section 809(b) freeze of collection activity - Section 807(6)(b)). -- This can explain phantom pulls of your credit file by CA's - as soon as they see your report they say that this account isn't worth the work, then the pass, or sell the account to the next company. SO -- if a CA pulls a credit report on the day that they receive an account, they are usually "SAFE", because they would not have contacted the consumer yet, so the consumer could not have exercised their Section 809 rights, yet. Now, AFTER the CA receives the validation request, and BEFORE they obtain and MAIL the validation information, they can not do anything which is defined as collection activity. This is why the trade line was deleted (either voluntarily, or because it timed-out because they could not verify within the 30 day time limit, because they couldn't get the validation response to you, yet). ONCE they put the validation information in the mail, they can typically begin collection activities immediately. This could result in a validation arriving to you after the company places the trade line on your credit report again.
Re: Re: Re: CA continued validation ? regarding the pull. I requested validation from the CA in regards to the acct on my CR. the CA couldnt prove the debt deleted the TL. 60 days later they pulled the HARD INQUIRY no notice was given to me that this CA had obtained any proof they were in my opinion just being nosy and trying to blacklist me. back history: went to the OC obtained copies of the statement myself circled the error and faxed it to the CA. they were looking into the dispute with the OC and trying to obtain proof or verify if the acct was in error. they stopped all CA but pulled a hard inquiry during this time. when I sent a letter requesting their PP they ignored it and sent me the same statements that I already gave to them. finally the owner of the CA calls me and states his pp was to see if I was worth pursing . hello.. no debt is proven here yet so what the h... is going on. as of now the inquiry is under dispute with the CRA and the CA is still working with the OC to obtain all the proof. LK what would you say?
Re: Re: Re: CA continued validation ? 90 days later they all of a sudden found proof fun4u2 ``````````````````````````` How do you know they did? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Re: Re: Re: CA continued validation ? they sent the same proof to me that I orginally obtained from the oc myself they are attempting to use that to make the debt partially valid, but that proof shows a gap and leaves a question in regards to the fact the bank made an error and no debt may even be owed. thats why I questioned the pull for the inquiry they have nothing to go on but did it anyway.
Re: Re: Re: CA continued validation ? butch to answer your question yes I decided to pursue this issue because the CRA investigated and stated it will remain so I contacted the CA & the refused to remove it. the hard pull on my report shows collection purpose when someone pulls an IQ with that statement you are " blacklisted" from most if not all potential credit dealing that you may be trying to obtain. I dont not want that on my report for 2 years I considered these tactics unprofessional and snoopy I have faxed all the documents to my lawyer and he is preparing a letter now to scare them and hopefully a settlement offer without actually going to court. the attorney said if it goes to court he is coming out with guns loaded ready to blaze for the bucks. I just want a simple life , but then again who doesnt want it easy.
Re: Re: Re: CA continued validation ? "At any time PRIOR to a validation request under Section 809, they are free to pull your credit report, as long as they have not received a validation request (or a previous CA received a validation request under 809, which made the account subject to the Section 809(b) freeze of collection activity - Section 807(6)(b)). -- This can explain phantom pulls of your credit file by CA's - as soon as they see your report they say that this account isn't worth the work, then the pass, or sell the account to the next company." -EACH debt collector must send out ITS OWN VALIDATION NOTICE. -A previous "validation request" by a consumer DOES NOT somehow "TRANSFER" to the next debt collector. -HOWEVER, if the debt is sent back to the original creditor, AND THE CONSUMER NOTIFIES THE ORIGINAL CREDITOR THAT THE ACCOUNT IS IN DISPUTE, THE ORIGINAL CREDITOR can be held liable for violation of Unfair and Deceptive Acts and Practices if they send it out to another debt collector. For the original poster: -Before filing suit, make sure: 1- Your request for validation was sent to the debt collector in the 30 days immediately after the INITIAL COMMUNICATION FROM THE DEBT COLLECTOR. 2- The request for validation SPECIFICALLY MENTIONED THE "GAPS" you refer to and was not a generic "not mine" statement. -It seems to me the "pulls" ARE NOT THE ISSUE HERE. Anyone in the business of collecting a debt almost presumably has a permissible purpose to access a debtors credit report. -VALIDATION DOES NOT ESTABLISH THE LIABILITY of a debt. Its an informal process designed to establish the "right" consumer is being persued and the amount of the debt. -A better route is to attack the actual validation notice itself. Was it sent? Was it a proper validation notice? Was provided "effectively" etc etc ?
Re: Re: Re: CA continued validation ? ok the ca involved is the same and only one. 1. found a TL on my report from a CA I disputed it with the CRA as i had no idea who it was, it came back remains 12/03. 2. in 1/04 sent a written dispute to the CA reporting the TL and requested validation and proof of the acct. 3. at the same time I personally went to the Oc office and requested proof of the acct, a statement was produced showing a balance nothing more, I dug through my records and found additional statements reflecting credits that were not applied to this acct, and gave copies to the OC and the CA. the Ca states will look into it further and deletes their TL from my report until proof could be found to substanciate this acct. 60 days later no proof yet and acct still under dispute a hard inquiry was pulled , pp to see if this acct is worth pursuing collection. mind you at this time the acct is still awaiting validation and is under dispute. when I sent a letter to the Ca asking the pp they sent me a copy of the original statement I gave them from the OC minus the additional statements reflecting the credit. send another dispute letter stating the acct is still under revie and that no debt may be owed, the Ca states still waiting for paperwork. final question was the pull legal as validation had not occured and was requested and the acct was under dispute, not to mention the CA still had no proof. full validation has not occured. the ca already knew my credit history because they deleted their tl off my report and made sure of it 2 months prior for not being able to validate or if you prefer verify.
Re: Re: Re: CA continued validation ? At any time PRIOR to a validation request under Section 809, they are free to pull your credit report, as long as they have not received a validation request 1*A previous "validation request" by a consumer DOES NOT somehow "TRANSFER" to the next debt collector. 2*Anyone in the business of collecting a debt almost presumably has a permissible purpose to access a debtors credit report. hiding90 ================================== 1*This is not another CA .It's the same one! 2*But not after receiving a validation demand. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Re: Re: Re: CA continued validation ? At any time PRIOR to a validation request under Section 809, they are free to pull your credit report, as long as they have not received a validation request 1*A previous "validation request" by a consumer DOES NOT somehow "TRANSFER" to the next debt collector. 2*Anyone in the business of collecting a debt almost presumably has a permissible purpose to access a debtors credit report. hiding90 ================================== 1*This is not another CA .It's the same one! 2*But not after receiving a validation demand. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Re: Re: Re: CA continued validation ? lbrown huh ? i said it was the same CA and there already was a validation request and no proof was sent yet when the hard pull took place am I missing something ?
Re: Re: Re: CA continued validation ? Did the original balance less the credits from your records leave you with a net credit balance, i.e. no amount owed, or money due to you? Was the account otherwise considered closed?
