NCO continues to make (frequent) hard pulls on my credit report for an account that has a date of last activity of 1998. When I sent them a letter they (NCO Financial Systems) said the account was placed with them (by NCO Portfolio Management) for collection in 2003 and this is, therefore, a permissable pull. The actual account is not listed on my credit report. I can show, from an old credit report that had this account at one time listed, a date of last activity of 1998 but they have changed the account number they are now referencing so the two do not match (though it is the same account). What next steps do you think I should take?
The PP inquiry was the first letter I sent them. What I received in reply was: "We acknowledge receipt of your recent inquiry concerning a credit bureau inquiry of 8/20/2007. This is an attempt to collect a debt ... etc. Please be advised that NCO Portfolio Management placed the above account in our office for collection in April 2003 and a copy of your credit bureau was obtained in conjunction therewith. As a result of this permissable purpose, we see no authority to provide for the removal of the inquiry. Please note that the above account is now closed in our office. Thank you for your anticipated cooperation regarding this request and the opportunity to respond to you."
Is this a good reply? I am in receipt of your correspondence dated January 21, 2008. Thank you for your reply. "While I dispute the validity of the closed account (#XXXXXXXXX), according to previous information which you have erroneously placed on my credit report and was subsequently removed at my demand, said account was â?? by your records â?? well outside the statute of limitations for collection on the dates of your inquiry (please reference attached, noting a â??Date of Last Activityâ? of 1998). Your persistent inquiries into my credit report are therefore, not for a permissible purpose as they represent a continued effort at collection beyond the expiry of the statute of limitations. Kindly accept this letter as my final offer of amicable resolution of this matter and notification of my intent to sue NCO. I will consider any reply other than a response with proof of the removal of this illegal inquiry, or any reply which takes longer than 35 business days to reach me, as unacceptable and will promptly file suit against your outfit for willful FCRA non-compliance."
Unless you live in a state that has a Statute of Repose, your letter has no basis in law. Unless they validated, you need to work that angle. No validation, no PP to pull.
