/ Register

I have a PP Violation (CAMCO)

Discussion in 'Credit Talk' started by mistasmyth, Apr 23, 2004.

  1. Apr 23, 2004 #1
    mistasmyth

    mistasmyth Active Member

    I have an ongoing battle with CAMCO over the past 2 months. Unfortunately, they will not call me :-( I wish they would as I DV during the initial 30 days...well...I just noticed on my TU CR where they pulled twice...on two consecutive days. Now, I understand that they THINK they have the right to pull in the course of business...but twice??? One day after the other? G'me a break!

    I smell a check for $1000.00......
     
  3. Apr 23, 2004 #2
    ontrack

    ontrack Well-Known Member

    How old is the debt?
    Take a look at the FTC site, and CAMCO's settlement, and see what practices they have agreed not to do.
     
  4. Apr 23, 2004 #3
    hiding90

    hiding90 Banned

    -I think you may have answered your own question.

    "I have an ongoing battle with CAMCO over the past 2 months."

    -This creates a relationship. I am assuming they are attempting to collect a debt?

    -And the pull was "in connection with the collection of a debt'?

    -It doesnt seem to be imnpermissible.

    -The number of times they pull it is NOT a factor which any court has addressed (as far as I know)

    -The PURPOSE is the ONLY factor decided. And if that purpose was "in connection with the collection of a debt "(which it appears it is-REGARDLESS of the validity by the way) it appears they have permissible access.

    -BUT, if this was done DURING THE VALIDATION PROCESS, then it is continued collection activity :)

    (assuming the validation request was timely)

    and a violation of FDCPA 809 :)
     
  5. Apr 23, 2004 #4
    fun4u2

    fun4u2 Well-Known Member

    dispute the pull with the CRA and state they have no PP there is no debt at all and see where that gets you.
     
  6. Apr 23, 2004 #5
    mistasmyth

    mistasmyth Active Member

    Re: Re: I have a PP Violation (CAMCO)

    I intend to do so after they fail to validate. They have not attempted collection yet...and they have not validated yet. I'm probably going to bait them and see if they will attempt to collect wihout validating! AND hopefully get them on a PP as well.
     
  7. Apr 23, 2004 #6
    hiding90

    hiding90 Banned

    Re: Re: I have a PP Violation (CAMCO)

    If the pull was after they received the request for validation, and the request was NOT TARDY, PULLING YOUR CREDIT REPORT IS continued collection activity. v:)


    BUT IT IS NOT impermissible :)
     
  8. Apr 23, 2004 #7
    mistasmyth

    mistasmyth Active Member

    Re: Re: I have a PP Violation (CAMCO)

    They pulled prior to initial notification...BUT, they pulled on 2/2/04 & 2/3/04. What could have been there purpose inpulling on two consecutive days??? I would think that a PP in the course of doing business would let Mistasmyth's Collections pull Hiding90's CR a will and in a reckless manner which could damage o poison his CR...
     
  9. Apr 23, 2004 #8
    hiding90

    hiding90 Banned

    Re: Re: I have a PP Violation (CAMCO)

    I think you may be stuck on a "non-actionable" issue :)

    The AMOUNT of the pulls is IRRELEVENT when it comes to action that a consumer can take for violations of the federal laws.

    It IS THE PURPOSE of the pulls.

    If you CANNOT PROVE the PURPOSE WAS NOT PERMISSIBLE, then you do not have a case.

    As far as the "continued collection activity", you MAY have a case if they 1......received your request in the validation period....and 2......continue collection activity AFTER :)

    TIMING IS EVERYTHING :)
     
  10. Apr 27, 2004 #9
    mistasmyth

    mistasmyth Active Member

    Re: Re: I have a PP Violation (CAMCO)

    I hear what you are saying, but...Why would any legitamate business have to pull two consecutive days in a row? That defies logic and does not make sense. If they claim to be skip tracing...ok, that justifies a pull....but why the second pull?

    I am waiting until May 2 and i'm going to send them a C & D. I am also going to send them a demand for payment of $1000 for their nopermissable second pull. I am confident that IF they now own a
    legitamate debt that it is past SOL. So I am not afraid to be sued by them. I am also not afraid to plead my case in small claims court!
     
  11. Apr 27, 2004 #10
    ontrack

    ontrack Well-Known Member

    Re: Re: I have a PP Violation (CAMCO)

    An "ongoing battle" does not by itself create a PP. CAMCO has specific obligations to meet based on their recent FTC settlement, including meeting specific requirements of FDCPA and FCRA as well as record keeping to ensure they do. Are they meeting them in your case?
     
  12. Apr 27, 2004 #11
    fun4u2

    fun4u2 Well-Known Member

    Re: Re: I have a PP Violation (CAMCO)

     
  13. Apr 27, 2004 #12
    hiding90

    hiding90 Banned

    Re: Re: I have a PP Violation (CAMCO)

    simple..this whole permissible purpose issue is overblown.


    "collection of a debt" that is ALL that is relevent.

    A consumer HAS TO PROVE it was not permissible. The puller ONLY has to "certify" to the reporting agency their permissible purpose..

    I cant see how soo much discussion has come out of this

    SEVERAL court have decided on it. The standard is "bussines purposes"


    And dont you have an attorney you can ask...although he wont be beleived either im sure LOL
     

Share This Page