Twice in the past two years I've had collections agents pull HARD inquiries against me when debts are in dispute (neither collection was my obligation). This time around, NCO SYSTEMS pulled a hard on all three bureaus precisely four days after they received and ACKNOWLEDGED a disputed debt, claiming it would be moved to that department! The problem is, that no matter how many crafty letters I've framed to quote the FCRA and such - no bureau has *ever* removed a hard for me. They always send the immediate form letter stating they can't be removed, different than other disputes. I realize if I'm going to get this removed, I have to take action with the collector. I don't mind suing them - NCO has unjustly pestered me so many times in the past, not to mention lying and everything else - I'm ready to throw together a list of statutes they've violated and collect $1k per bureau they pulled. The problem is that I don't know where to start. Technically the FCRA does allow a debt collector to pull a credit report - but in this case the debt was under dispute, it was within the first week I was notified (way before the 30 days), it wasn't mine, etc. I have them on so many angles and I'm just not sure how to frame it legally. Does anyone have any ideas for letters or quick list of how I can frame statutory violations around this? Thank you in advance! -Rusten
If the debt wasn't yours, they have no PP. They only have PP to pull from the actual debtor. They have no general right to pull CRs just because they are a CA. The CRA must show CR inquiries to the consumer. There is no law requiring them to show inquiries to anyone else. The CA can request that the inquiry be removed, and the CRA can remove it from being seen by others. The CRA must have mechanisms to keep their information accurate, even if the CA makes a mistake. They will probably both BS you about the "impossibility" of doing anything. You need to make it worth their while. If the CA is repeatedly confusing you with someone else, or there are someone elses bills that are being reported as yours, you need to force the issue. ITS.
