Ok, so I am still not totally clear on this...how do I find out if they had the account prior to pulling the inquiry...Do I have violations on them or not?? Thanks all who have replied.
Butch...where are you?? ;-)...help me clarify this. I will sue if it is within my rights, but am still confused on what the CA's right to inquire are..
OH sorry Pibb. Let me review here and I'll post again. Well ... I knew it wouldn't take long before we ran into this. On your reports it states what date the inq(s) was/were pulled. Also there will be a date as to when the account was reported to the CRA. I suspect the inq. will be noticeably prior to the reporting date. (I mean the reporting date by the CA). Also let me know which report you're talking about. Take a look and let us know.
They may have pulled your report the day they were assigned the collection, before you were sent notice. You might try "innocently" contacting the OC- "Hey, when did you send this to xxxx coll. agency? should I pay them now, or you? " They'll give you the date it was sent to the CA- and you can compare against the date of the inquiry for possible violation. I think your more likely to get a truthful date from the OC than from the CA. Radi8
Can a CA pull a PP inq if they have not validated yet? Can I sue for the PP, continued collection and not showing the item in dispute?? They list it in dispute, but it is under the FCBA not the FDCPA.
That's good advice. I was gonna propose that if my date question doesn't work out. They only report Month/Year. Not Month/Day/Year. So it may be that it will say 12/02 and 12/02. In which case that would not be helpfull. The next step would be to call the OC and play dumb.
Pulling a credit report after you have requested validation, but before they have provided it is "continued collection activity". They do have a PP with an open collection, but cannot pull until they validate. unless they pulled BEFORE they received your validation demand. FCBA/FDCPA- a judge will probably say close enough. Hard to prove any thing willful on that. "Disputed" is the important word. Radi8
I don't have a CA pulling a hard inquiry but I did go into my credit union to refinance an auto loan. the current auto lender--arcadia (awful--do not use warning) pulled a hard rather than an AR. I believe I can sue for a $1000. They are telling me go ahead and make their day. they won't change the inquiry. Am I right? Thanks.
OK...quick question then. I had a collection being reported on my EQ report. I sent them an intent to sue letter, they never responded, but they did pull an inquiry with TU after receiving my letter. The account eventually got removed from EQ because they didn't respond within 30 days. Is their TU pull a violation? The account was only being reported on EQ. -LB
I think I will leave well-enough alone on this one...I already have them on other violations, so I will go with those. But for your info.... Northland group INQ 12/11/02 Letter from them dated 12/13/02 Portfolio INQ 10/29/02 Tradeline on CR 10/29/02 Letter from them 11/29/02 For humors sake Northland is Sherman Acq which is a mask for Gulf-state. Here is a question??? This was orig a Providian account. THen went to Gulf-state... Both tradelines have been removed from my file and TU reports Providian as pays as agrred. So, if the only tradeline I have with providian is positive how can Sherman/Gulf-state even try to collect? I have sent them validation so we'll see what happens...yeah right!! More detail...they are only showing on my EXP report...no Providian or gulf-state tradeline on there..
I am positive this is the CA that is listing this under the FCBA. I asked for validation, they sent a copy of a statement from the DR and I sent a letter telling them this is not proper validation. I aslo pointed out to them that they did mark this item in dispute, Then they put in dispute under the FBCA. Interestingly, I have 4 other med CAs that were under my wifes name, she requested validation, then they showed up on my reportssaying-"Consumer disputes under the FCBA-REsolved". The CA or OC never sent me a bill or notice that I was responsible for this account. It is listed on our reports as "Individual" account. Do all med cas put items in dispute under the FCBA?
Good for you! I, personally, have not been that successful. I have filed one lawsuit against MBNA for no PP in an inquiry. This suit has now drug on for 10 months. I have offered to drop the lawsuit for deletion of the CLOSED ACCT THAT WAS INCLUDED IN BK. I sent them a validation letter, they pulled my report and admitted it was an error. Per their attorney, they will never settle this. If they lose, they have vowed to appeal it. So, good luck to you all. I think my first lawsuit was not necessarily the norm. It sure makes me leery about filing the second one! Anyway, we trudge on..........I will never drop this suit!
This is a great question. I wish I had a nickel for every time someone has told me that FCBA does NOT apply to medicals. Why then, by their own admission, do they? lol (I of course, knew they did)
That said; If you demanded val. via FDCPA, then it's NOT an FCBA dispute. It's an FDCPA dispute. THE LISTING IS WRONG!!! That which qualifies as validation per FCBA is different than for FDCPA. FDCPA requires a signed contract creating the liability, FCBA does not. If this were mine, and I couldn't get deletion co-operation from the OC and the CA, I'd file an immediate suit for violation of the FCRA. Assuming a few things; 1) Your val demand went to the CA 2) You demanded via FDCPA 3) You procliamed the account was not yours
.. what if it IS prior? Then what? Can you sue for non PP? What if the debt really is yours, does that change anything in any way?
Butch, You have advised me on this CA before. I did request validation via the FDCPA, they sent me a copy of a statement from the DRs office with an old address that did not contain my apt number. I then sent them a letter that this was not proper validation, and the various vioaltions uder the FDCPA. I mentioned I would also be looking into possible violations of the FCBA, but I never cited any specific violations. The FCBA thing is strange because the other med ca-s have put their items in dispute under the FCBA. When sueing a CA do you sue for a $1000 for each of the violation? I believe I read somewhere that you can only sue once a year in small claim and that is for only $2500. How right or wrong am I on this one???
