Mi Sol Dola

This might help you with the DOLA
http://www.ftc.gov/os/statutes/fcra/kosmerl.htm

 

The SOL has absolutly no effect on the viability of permissible purpose. If the CA is not on your report, and you have not recieved one of those "We've just been assigned your debt from X account number Y with a balance of Z. We would like to make arrangements with you to take all your money." then I'd say you have a good case at a non PP inquiry lawsuit. If they've sent you the letter stating that they've taken over an account, technically a collection agency who's been assigned an account, or who's bought out an account from the OC would have PP to pull a hard. They can keep pulling hards for as long as they want, but if it's past the 7 year mark you also might be able to get them a hit for non PP. If you do think of suing them, hope that they don't have proof that they're collecting the debt, and that it's yours. Most CA's don't actually have the real proof anyway, so you might be able to win anyway.

The way I see it, the SOL starts the first time a payment was missed and the account was never current. That is, as long as every bill you paid on over those 7 months showed a past due amount, which you never fully paid. Technically they could show that as the due date of the payment you first missed, so that may be 8-96, but it wouldn't be 3-97. Either way, the 6 year SOL in Michigan was out by 4-03 even if you were "current" with your 3-97 payment.

Did you get the letter? If so, I'd say don't worry anyway, the OC will fall off your reports within a year. You can send the OC a validation letter CRRR, wait for the green card, dispute as "not mine" with the CRA's and may get rid of it early. You can estoppel the CA since it's past SOL and spare yourself the possability of them putting an entry on your CR.

Hope this helps.

ChrisB

 

Re: Re: Mi Sol Dola

Well then sorry to say I think you're stuck with it for another year, and can't do anything about the CA PP because if they were assigned to collect, that gives them PP. You can still estoppel the CA so they don't report on your credit report.

Sorry about your situation, but at least it should fall off within the next year, I have 3 1/2 years until my baddies go off.

ChrisB

 

The way I see it, an original creditor could put a hard inquiry on your report for a debt that was charged off 10 years ago. Besides, if a collection agency gets assigned a debt for collection, they may not be sure what your current address is, especially if it's an older debt. There are some states with much longer SOL's than others, and even if you go the debt in MI, went delinquint on it in MI, that doesn't mean that the MI SOL is going to be used, if you possibly move to a state that has a 7 year SOL. If they pull a credit report on you they can see what your current address is to make sure their records are correct.

Here's the only issue. If the original contract with the original creditor grants them explicit rights to pull a credit report on you (and as long as the account is open, or not paid and in default, that is true). Then the original contract would also state if a collection agency working on their behalf would also have those rights. If the original credit application / contract stated that, then there's no way I see that you could sue for non PP. It sucks, I know. If it was a hard inq on your report for a VERY old debt which had dropped off, I might suggest suing, because if they can't proove that it's your debt to begin with and supply the original contract giving them permission you would win. You know the original creditor has proof, so they would gladly make that available to the CA if you sue. I'm no expert, I just think that you can estoppel the CA and just live with the hard inq, it falls off in 2 years, and inquiries over 6 months old aren't too damaging. If you want to sue, better get some actual damages, like a quote to re-fi your home, showing that you got offered a lower rate.

Another more experienced CNer can comment, but most posts I've read with trying to get a non PP suit haven't been all that positive.

You can do some kind of "XYZ Collection Agency, Thank you for your hard inquiry on my credit report without permissible purpose. As you know that is a FDCRA violation punnishable by $1000. I'm going to offer you a discount. I will file suit in small claims court in 20 days unless you request the entry be deleted from all my credit reports, and pay me $250 for the violation."

The thing is, I wouldn't suggest actually shelling out $100+ to file suit, when you probably don't have much of a chance of winning. A threat often makes the borderline bottom feeding CA's run with their tails between their legs.

ChrisB

 

Request a copy of the original signed contract from the original creditor, who's already done a verify. That way you can see if you agreed to allow them free rights to your credit report. This CA probably got the debt from the original creditor, but most old past SOL debts sold for pennies don't come with any real information, won't ever appear on your credit report, and give you a good chance of a non PP if they pull.