Kimber case & PP

Discussion in 'Credit Talk' started by fun4u2, Jun 6, 2004.

  1. fun4u2

    fun4u2 Well-Known Member

    was wondering does a CA have a PP to pull a hard Iq if you files suit against them?
     
  2. keepmine

    keepmine Well-Known Member

  3. fun4u2

    fun4u2 Well-Known Member

    Keepmine :)

    Wow,

    thx for the case cite

    this will help me alot
     
  4. keepmine

    keepmine Well-Known Member

    Have you seen this opinion letter?

    http://www.ftc.gov/os/statutes/fcra/greenblt.htm

    In the 1990 Commentary on the FCRA, the Federal Trade Commission ("Commission") stated that "[t]he possibility that a party may be involved in litigation involving a consumer does not provide a permissible purpose for that party to receive a consumer report on such consumer . . . because litigation is not a 'business transaction' involving the consumer." 16 C.F.R. § 600 App., 55 Fed. Reg. 18804, 18816 (May 4, 1990). This statement extends to all aspects of litigation, including the pre-litigation discussions and settlement preparations that you describe, and was not altered by the recent amendments to the statute.
     
  5. jam237

    jam237 Well-Known Member

    There is a caveat though...

    Does the CA still have the account which you are sueing them over?

    If so, then they may be able to wiggle it in under the collection purpose PP. (They wouldn't be pulling because of the suit, but because of the account that they have for you.)
     
  6. fun4u2

    fun4u2 Well-Known Member

    keepmine,

    No I did not see this letter,

    Again thank you so much for your replies I really appreciate it :) I am printing these pages out now .

    this information will definately help me with my suit

    if you have any more info I would love to hear it

    thx fun
     
  7. fun4u2

    fun4u2 Well-Known Member

    jam the acct was already paid and closed prior to suit being filed.

    so I dont see their PP in this case.
     
  8. jam237

    jam237 Well-Known Member

    As long as it was paid, then they don't have the PP. :) Unless, they just recently obtained another account for you.
     
  9. fun4u2

    fun4u2 Well-Known Member

    Hi Jam :)

    no the acct was definately paid awhile back and no I do not have any other outstanding debts that would require anything going to a CA.

    infact this debt was quite old and was already paid to the OC years ago, however for me to obtain my bank records to prove it was paid would costs me more to research thr mircofish then to repay the acct for deletion. 25 $ how sad

    I filed suit for reasons I do not wish to disclose on here at this time I can e-mail you and discuss it further.

    fun
     
  10. lbrown59

    lbrown59 Well-Known Member

    Does the CA still have the account which you are sueing them over?
    jam237
    ===============
    How can a CA have a paid account?
    [color=golden rod]Never read the fine print. There ain't no way you're going to like it.[/color]

     
  11. fun4u2

    fun4u2 Well-Known Member

    Hi Jam :)

    just want to give you a heads up your cases helped me

    the CA I spoke of here just settled and paid me
    so I dismissed the suit

    thx for your help
     
  12. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Kimber case & PP

    Glad to hear it.

    Never read the fine print. There ain't no way you're going to like it.
     

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