SOL has run out on verified and re-verified CA. Due to come off report 10-2002. Already sent validation letters. First one, faxed March 06, 2002, then mailed. Second one, faxed April 06, 2002, then mailed, CRR. No response, BOTH times, (so far).Only reporting on Experian. Got my TU report update today and noticed on INQUIRIES. . . this CA did a HARD INQUIRY on it! dated MARCH 06, 2002. The same day I faxed them the validation letter. COINCIDENCE? I think NOT! I know that they can LEGALLY report the account for 7 years (if it's CORRECT), even though they can't collect for it. However, is it legal for them to still pull my credit file even though "technically" they aren't a creditor anymore? They weren't even reporting on TU anyway. Plus, they still haven't validated? What do you think?
RMA was pulling hard inquiries after i sent validation - i have no idea whether this is legal; however, in my next letter I called them on it. I told them that since they have been unable to validate the debt they do not have permissible purpose and each inquiry they make will be considered a violation of the FCRA. I guess this worked because they didn't pull anymore inquiries after they received the letter.
The SOL is not an ends to all, it is an affirmative defense in the event the CA tries to sue you. ANd you need to bring it up, they won't hand it to you at trial. SO, to answer your question, they are still a creditor for the 7 years reporting time, but since they havent validated yet, they cannot pull any inquiries or send you any letters or call you until they do. Hope that helps.
