I had a charge off from Americredit in 1997. They sold the account to Cavalry who pulled an inquiry from TU on August 1, 2003 and August 1, 2004. Cavalry sent me a collection letter today and wants a settlement offer. The SOL in my state is 6 years which means it expired in 2003. Even though the SOL expired and the account is no longer collectible, does Calvary still have the legal right to keep pulling inquiries? If the pulls are a violation, what is my next step? By the way, the charge off was deleted from my TU and EXP. EQ will fall off next month. Thanks for reading.
The only caselaw on the 'revocation' of the collection purpose permissible purpose that I have ever seen is regarding the 809(b) cease of collection activity, and unfortunately the rulings weren't in our favor, they basically said, although it would be a violation of FDCPA 809(b), there was nothing in the statutes which took away their right to a permissible purpose for collection of an account despite the ban on collection activity in the FDCPA. Even if you believe as I do, that *REPORTING* is a communication, pulling a credit report is not, since it doesn't communicate any of the information about the alleged account iteself, just the fact that they had obtained a copy of your credit report. Have you notified them of the time-barred status of the account, is the relevant question?
No I have not responded to them. I figure they they should know enough to realize the SOL expired. If the SOL has passed it would seem they have no legitmate reason to pull a report, even if they are not reporting anything to the CRA.
There is no automatic presumption that a CA knows the SOLs for every state. If you know for a fact that the account is definately time-barred, then the easiest way to handle this then, would be to mosey over to WhyChat's web site, get his time-barred letter, and fill in the blanks with your state's SOL, and let them know that it is time-barred, and that you know that it is time-barred.
I have a question related to permissive pulls and calvary-how many times constitute permissable? This CA has pulled my report three times in a month.
They do not care about the SOL...they can continue to collect on a valid debt forever. The SOL is your defense to their collection efforts
If you're absolutely sure the SOL is 6 years (which means they can't file a lawsuit against you), I'd write them demanding them to prove they have a PP to obtain your credit report, including documentation. Chances are, Cavalry won't have this, upon which you may be inclined to file a lawsuit of your own against them for non-PP access of your report. If someone pulls my report and I know they don't have a PP, I view it as a serious breach of my privacy and sue.
