Ok, I'd like that info about privacy guard, but I can't figure out how to change my profile to include my e-mail address. Also, some of you may remember me discussing a lawsuit filed against my DH and I on an old car note that the SOL has expired on. Suit was filed last June, but suddenly their attorney's have caused a hard inquiry on DH's credit reports. Does this fall under permissable purpose since this lawsuit has been pending for about 10 months?
Bump* I got the answer to my first question...thanks for the info on PG. any opinions on the second part of my last post? Is there any reason under permissable purpose why an attorney for an OC that is 10 months into sueing me on an SOL debt should make a hard inquiry from EX? I know the question isn't well worded, but I've looked at the FCRA ss604, and I don't see an acceptable reason that EX should have provided one to the attorney representing the OC in the suit.
"Have you filed an answer asserting the SOL defense?" Oh yes, way back in July of 2003! This attorney (nor the debt buyer who owns the debt) has never provided complete validation documentation, either. We'd never even heard of this company until finding them on DH's credit reports just prior to their attorney having us served with this lawsuit.
LBrown59 Click here: CREDITNET | Straight Talk | | Couple of Questions bumping ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
I cant think of a reason why the would pull a hard inquiry other than maybe to see if it would be worth pursuing the case.. but thats just guessing.. You can always ask what the permissable purpose was.. if they cant come up with one then they are in violation. when is the court date? did they serve you properly??
Well, I would think that since they served us with a lawsuit last June, they had already decided that it's worth pursueing (although their attorney evidently never heard of the laws concerning the SOL for collection). I sent a letter out this morning to the CRA that is reporting this asking what reason under pp was used by this attorney to get a copy of my CR. I'm a little leary of direct contact with this attorney (or the debt buyer he represents) since I hired a lawyer to deal with this. It's turning out that I am more educated concerning the FCRA and FDCPA laws than my own attorney, who isn't getting as pissed as I am about all these violations that I believe are piling up. Well, the sheriff served us back in June last year. Our lawyer filed our answers in July and the interrogatories in August (which resulted in him having to fork up $150.00 to the court for not filing them within 30 days). We haven't heard another word on this until discovering this hard pull on the CR. I have read the FCRA 604, and 614(I think thats the one), and can't see anything that applies to them being able to get a copy of the CR under pp.
well it seems to me that you need to hire a better attorney.. Was the SOL up before they filed suit? If so I believe they dont have much to go on.. They could be trying to scare you into settling this..
Yes, trekie, we're working on finding a new attorney, and yes in was past SOL for collections when they had us served, and no, they have nothing to go on, and no, they don't scare me in the least (especially after finding these credit boards that I use). I'm trying to find out if they have racked up another violation of the FDCPA and FCRA. I can't find any reason under pp that says they should be entitled to a copy of DH's credit report at this stage in the game. Can someone please just let me know if I'm missing something that says this attorney can pull DH's credit report 10 months after filing a lawsuit against us?
Can someone please just let me know if I'm missing something that says this attorney can pull DH's credit report 10 months after filing a lawsuit ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
if the debt is past the SOL to collect and you are positive about that then your answer is NO, no one not an OC, CA or attorney can pursue collections it is a violation under the FDCPA and FCRA for the hard inquiry on the report. states have different SOL and they may not realize it if they are located out of your state, i just had a CA in another state contact me to pursue collection as their SOL is different, boy did they get a suprise when I wrote them a letter and advised them that they are pursing collection activity past the SOL and if they fail to cease pursing this acct with me , or pull my report a suit will be filed for their violation under the FDCPA.
Re: Re: Couple of Questions Thanks fun4u2. That is the answer I was looking for. And thank you too, lbrown, for your assistance in getting my question answered. Your silence spoke volumes!
Re: Re: Couple of Questions Actually, in most states they can pursue collections, you have to raise the SOL as an affirmative defense. That's why I asked the question. No court date has been set? Look thru the FCRA opinion letters. I believe there is one that is right on point and states that pending litigation is NOT permissable purpose. Then I would consider filing a countersuit.
Re: Re: Couple of Questions Nope, no court date yet. We've been dangling for about 6 months now waiting on their next move. Meanwhile, they just keep racking up violations, which suits me just fine! Sent our lawyer an e-mail last night outlining the 6 violations that I believe they've committed so far. I will check out those opinion letters. Thanks for the input.
