I've sent a letter to NCO finicial indicating they did not have permissiable purpose to view my report. IN that letter I asked for $1000 & removal of the hard inquire. Here is the response I got from them. --- Dear Mr. XX In response to your letter of September 24, 2007, be advised that NCO Financial Systems, INC (NCO) is a debt collection agency. Your creditor hired NCO to collect the overdue amount owed on your account. At times, when an account is placed, NCO acquires the debtors credit report for the permissible purpose of collecting on the overdue debt. Per the federal Fair Credit Reporting ACT: $604. Permissible purposes of consumer reports [15 U.S.C. $ 1681b] A consumer reporting agency may furnish a consumer report under the following circumstances and no other: (3) To a Person which it has reason to believe (a) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extenstion of credit to, or review or collection of and account of, the consumer. With this information, I assume that all issues raised in your letter are now addressed. Please contact me with any questions and thank you for your time. Very truly Yours. Lawyer Name ---- Background Info: NCO appears to be a debt collector. In the past they have sent me letters indicating that an account I had with a previous creditors is now in collection, I foolishly paid these accounts and they removed the negative history they have placed upon my credit report however, from my understanding of the fair credit, I did not give them permission to view my credit report. I never had an account with NCO I never requested credit with them However I did pay the bill they said I owed and they removed negative credit from my credit report however my question is this: Are they in violation of the law? Can I sue them legally and win per the FCRA? This issue with NCO is really for on a larger scale, I have 10 hard inquires on my credit report from various debt collectors, all of whom Iâ??ve sent an non-auth letter to. NCO seems to be the only one to respond, what I really want is a) removal of the inquire b) settlement offer of $1000 If this will be the standard response that the debt collectors will respond to me with, I would like to be prepared to defend myself in court. Per the previous post reply I plan to take the following actions a) notify the FTC & cc NCO b) Notify the ATT general in both states (mine) and NCO c) most importantly, file a civil suit in my state in regards to the violation however if this cause does goes to court, I have to be able to defend myself in response to this letter. I will say this again, I never requested credit with NCO financial system. I did not give them p remission to view my credit report I however did pay a debt that they said I owe in order to get negative credit removed from my credit report. I do believe the FCRA has some requirements for Debt collectors to adhere to in order to prove their have permissible purpose to view my credit report. I believe this response is generic in nature and meant to satisfy the ill-informed so they do not peruse this matter further. I do believe the explanation they gave on the surface is accurate but I do not believe they have the under-lying proof in regards to prove they had permissible purpose to view my report. In the end, I believe I will have to file a civil sue against them inorder to take me serious, however I want to write something like to the effect of â??Under the FCRA, revision 25a, you did not name the particular creditor in question nor did you provide proof that you had XXXâ??. I want to fight them with the LAW, not just words on a paper.
They have a permissible purpose if they collected a debt from you even in the past. Unfair, yes. Legal, unfortunately. You would lose should you file suit. A judge may pin fees on you if you would file but, I doubt it. The real question is whether instituting a law suit worth it for one inquiry? It may be but, you would have to decide. Another thing to consider is whether you wish to tangle with Nathan, Fishman, and Sessions. They are rather zealous in their defense methods and generally blow pro se litigants out of the water pre-answer. However, if you think you have something worth litigating over, file it.
Quick advice, Let it go; as stated, NCO does have the legal right to pull your report. Per your own terms of payment of debt, they could pull your report "just to ensure the previous negative information was still removed". You have to know which battles to pick, this is not one of them....
