Can a CA do this?

Discussion in 'Credit Talk' started by Erica, May 22, 2002.

  1. Erica

    Erica Well-Known Member

    I have a collection agency pulling my CR for an AR. The CRA used for this is TU, but the CA isn't listed on TU as a creditor. Neither is the OC, for that matter.
    I guess what my question is, can they continually pull my CR for AR's like they have been doing (sometimes twice in one day)?

    Here's the dates they pulled:
    3/1/2002
    3/1/2002
    11/1/2001
    10/1/2001
    8/4/2001
    5/1/2001



    TIA
     
  2. LKH

    LKH Well-Known Member

    I believe that is what they call "poisoning" the credit report. AR's typically are done once a month. If they are doing this several times a month, I would call the FTC and ask their opinion.
     
  3. Erica

    Erica Well-Known Member

    Thanks for the reply, LKH. I just may end up having to do that. :)
     
  4. Marie

    Marie Well-Known Member

    do you know who they are? do you know what they're trying to collect? have they contacted you? have you requested validation?

    In theory, if you don't challenge them via validation... and if they're connected to the original account... it's permissible although it's ridiculous...

    If you send validation requests to them and they don't respond they have to remove all inquiries (ftc opinion: ca inquiries in and of themselves connote a collection activity)

    As per what they're doing? yes, they're poisoning your file... and I really would wonder how they can justify being in it twice in one day...

    who is this? who's the oc? sol? amount??? I'm hoping it's a utility or something...
     
  5. Erica

    Erica Well-Known Member

    Yes, they are Midland Credit Management. They are collecting for Discover. I requested validation on 10/26. They sent me a photocopy of the application with a letter dated 2/26/02. I sent them a 2nd follow up letter on 4/9/02 requesting further validation (basically like I never got anything from them in the first place.) Then on 4/10/02, I got a hard inquiry from a lawfirm that does business for both Discover and Midland Credit Management. (I since disputed the inquiry off) I haven't heard anything from them since their letter of 2/26.

    The debt was charged off in 1997. The SOL in NY (where debt incurred) is up in July. The SOL in NC (where I currently reside) is long since expired. The original amount is areound $2500. With fees and collection costs it's $3000. Midland owns the debt.
     
  6. Erica

    Erica Well-Known Member

    Marie? Any suggestions???
     
  7. whyspers

    whyspers Well-Known Member

    How are they poisining her file if they are pulling AR's? AR's are soft inquiries and don't lower the score or show up to other creditors. Just curious :)


    L
     
  8. Butch

    Butch Well-Known Member

    Dear Marie,

    Sure would be helpfull if you could place that link here to the FTC Opinion.

    (ftc opinion: ca inquiries in and of themselves connote a collection activity)


    Thanx,

     

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