I just check my EQ CR and it appears that a CA pulled hard on an account that is outside the SOL. Can they do this? Thanks,
Re: Re: Need Help Quick,Collection Inquiry? yes - they can try to collect. You just don't have to pay.
Re: Re: Need Help Quick,Collection Inquiry? BUMPING Click here: CREDITNET | Straight Talk | | Need Help Quick,Collection Inquiry? THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
I would think so, since under FCRA a creditor can pull an inquiry to help "collect" the debt. The SOL is a DEFENSE against a suit, not an injunction against collection efforts. I know of no case law in this area. If it were to go to a trial, I would think an interesting question would be "If a creditor can pull a hard inquiry, even though the SOL on collection has expired, can the creditor continue to pull a hard inquiry after the SOL on REPORTING has also expired? If so, is there a time limit on how long a creditor can pull a hard inquiry?" The Staff Opinion letters do not address either of these points.
Is the account under a validation request? If yes, then it would be collection activity in violation of the validation request. -- include in this whether the account was under a validation request from another collection agency, since it is fraud to represent that the transfer or sale of the account allows you to be subject to activities prohibited by the FDCPA. If not, I would request validation (as a formality), and send a time-barred c&d. Some would argue, that any collection efforts on a time-barred account is "misrepresenting the legal status of the debt" -- ie. by trying to collect, they are representing that, the debt is valid, yours, and of a legal status to require payment.
