Hard Inquiries-- A Question?

Discussion in 'Credit Talk' started by tonyd, Feb 2, 2004.

  1. tonyd

    tonyd Well-Known Member

    When someone pulls a hard pull on your CR, can they see your personal info like address, phn and address history, if there is any? I would imagine it's everything I can see.....and if they are trying to hunt one down, they can get that info on your report???
     
  2. broncsboi

    broncsboi Well-Known Member

    Hunt one down?

    The only reason one would be pullling a hard is because YOU requested some type of credit and YOU have given them permission to pull a hard.

    If you're asking if a collection agency or someone can pull a hard with the intention of tracking you down, the answer is an emphatic NO!
     
  3. tonyd

    tonyd Well-Known Member

    Actually, i thought that according to the FCRA, a permissible purpose is just that, as long as the account the CA holds is UNPAID. They do have permissible purpose to pull a hard inquiry to view current info on other accounts, collections. public records etc.

    It is a CA I am inquiring about. They have pulled my report twice in the past 6 mos. The account they hold is a judgment, which was from an account they bought from a bank a few years back. It is and unpaid judgment.
     
  4. GEORGE

    GEORGE Well-Known Member

    CA CAN PULL A "HARD" although they COULD do a "SOFT" although that WON'T GET YOUR ATTENTION OR HARM YOU IN ANY WAY (THEY WANT TO HARM YOU AS MUCH AS THEY CAN TILL THEY GET PAID)
     
  5. tonyd

    tonyd Well-Known Member

    Thanks for the replies ya'll, however my main question was ---
    -can they see your personal info like address, phn and address history, if there is any?
     
  6. GEORGE

    GEORGE Well-Known Member

    Re: Re: Hard Inquiries-- A Question?

    I WOULD ASSUME SO...
     
  7. DanS

    DanS Well-Known Member

    Re: Re: Hard Inquiries-- A Question

    I would think at a minimum, current address is visible. If you pull a soft promotional inquiry, all you get is a mailing address. I would think a hard inquiry would have *at least* that info.

    Speculation - no evidence.
     
  8. wakingup

    wakingup Well-Known Member

    broncs - is it true a CA cannot pull a hard inquiry on a report? I just read your response and wanted to know about this.
     
  9. Butch

    Butch Well-Known Member

    Tony,

    Your answer is yes.

    :)

    .
     
  10. jlynn

    jlynn Well-Known Member

    Not true.

    3) To a person which it has reason to believe

    (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or
     
  11. tonyd

    tonyd Well-Known Member

    Re: Re: Hard Inquiries-- A Question?

    So doesn't that mean a CA can look at our CR if they are the one's who are trying to collect on a debt? Even if that CA is the owner of an unpaid judgment the alleged debtor may have?

    I still believe that there has to be limitations here, like only so many times in a 6 mo period or the like. I'd like to believe that a CA CANNOT view your report once a month for God's sake.
     
  12. lakpr

    lakpr Well-Known Member

    Re: Re: Re: Hard Inquiries-- A Question?

    I believe, once you send in a validation letter to the collection agency, they are supposed to cease all collection efforts until such time as proper validation is presented, per FDCPA. It can be argued that continuous hard inquiries on a credit report without providing validation is a collection effort intent on artificially lowering your score.

    You have protections, but not quite in the FCRA; they are in the FDCPA.
     
  13. jlynn

    jlynn Well-Known Member

    Re: Re: Re: Hard Inquiries-- A Question?

    yes
     
  14. ih8credit

    ih8credit Member

    Re: Re: Re: Hard Inquiries-- A Ques

    RMA pulled a hard on my report a year and a half ago. Then I sent them a validation letter (since the debt was SOL). I never heard from them again and their entry disappeared from my report. Is it RMA?
     
  15. enigma

    enigma Well-Known Member

    Tony,

    From one of my posts on another board:

    I am going to take issue with you a little here. You are very correct in the fact they have a PP to pull for Collection. BUT and this is a BIG BUT, they have to have the right to collect the account.

    If you DV and they do not provide it, they have no right to collect the account and therefore no PP to pull.

    Even if they dot all their "i"'s and cross their "t"'s unless they provide absolute proof they have the right to collect, ie. a letter from the OC telling you they assigned it to CA then they still have not proven they have the right to collect and therefore again, No PP.

    In my own case I had a CA (cannot name, non-diisclosure) pull x3. Never validated, sent another collection letter. I sent my version of Estoppel. No response. I sent remove your pull letter. CA responds they have PP to pull based on Section 604 Collection Purpose. Also said 2nd collection letter was in error, yeah right, and they sent the account back to OC.

    Well, their pull sat and sat on my report and really irked me.

    Then one day it just dawned on me, you cannot dispute pulls, poss. continuned collection activity????? and since they could not validate they had no right to do any thing at all. I fire off letter outling just that idea. They respond by basically telling me to get lost.

    I fire off ITS and gave them 48 hours. I get a call from their attorney offering to settle, low ball figure (again non-disclosure), I said no. We go back and forth over several days. We agree on figure.

    I was told by their attorney that she could not find any case law on what I outlined in my ITS, but my argument had meritt and she did not want to test it.

    In sum, if they cannot prove they have right to collect, cannot validate, then they have no PP to pull.
     
  16. Butch

    Butch Well-Known Member

    In your collection notices we see langauge like: "If you've not disputed in 30 days we will assume the debt to be valid", blah, blah.

    One of the benefits of the "law of presumption" is that they may proceed as though the debt really is valid.

    We talk about this at length in the "What Is Validation" thread.


    Therefore, absent your demand for Validation, YES, they have PP.

    However, as Enigma eloquently points out, once the validity is disputed, and remains unproven, they lose their right of presumption, RETRO-ACTIVELY, and must delete their CR activity. Including ALL the activity which originated from the [now disputed, and yet unproven] collection account.

    You can do your own homework if ya want. Go to Google.com, to advanced search. Type in "Law of presumption" the the "exact" field. 153 hits.

    The Federal Zone at Supremelaw, is a great convo. about it.


    :)

    .
     
  17. enigma

    enigma Well-Known Member

    Re: Re: Hard Inquiries-- A Question?

    Thanks Butch for the kind words :).
     
  18. tonyd

    tonyd Well-Known Member

    Re: Re: Hard Inquiries-- A Question?

    What about a someone that cannot prove a judgment is valid. I know that a judgment is a court order, however if that person that filed the complaint that was later ruled a judgment, allegedly filed it falsely with the court, wouldn't they have to prove it was filed within the law?
     

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