Violation!!!

Discussion in 'Credit Talk' started by clk, Jul 22, 2003.

  1. clk

    clk Well-Known Member

    I have a collection account that I owe approximately $3000 (Of course, that includes all interest and fees!!!) They have not yet reported this to my credit report. I sent a few payments to them and then began reading this board. I immediately fired off a validation request about two months ago (CRRR) and have received the green card back, but no response to date. I just pulled my credit report and about two weeks after they signed for the validation request, they pulled a copy of my credit report. Is this considered two violations: 1. continued collection activity and 2. unauthorized pull of credit? What should my next step be?
     
  2. lbrown59

    lbrown59 Well-Known Member

    2 violations
    Next step estoppel
     
  3. merlin

    merlin Well-Known Member

    Just curious . . . wouldn't it only be one violation (continued collection). If you have an open account with someone, don't they have permissible purpose to pull your credit? Does this apply to CAs? Does it differ if they own the account or not?
     
  4. amish

    amish Well-Known Member

    Example: MCM pulled my EX AND TU reports 2 days after receiving my DV letter. Granted, I technically have an account with them...so why not pull an A/R? There is no reason to ding me with 2 hards AFTER getting the dv letter. In my opinion that's continued collection activity.
     
  5. merlin

    merlin Well-Known Member

    I'm in no way disagreeing. I guess my actual question arises from the potential second violation -- no permissible purpose. Once the account is with a collection agency, is the account considered to be an on-going business relationship which would provide them with permissible purpose? Or, is your on-going business relationship actually with the OC? Can the OC sell the on-going relationship? (particularly if it has written off the account? Once the account is written off, does the on-going relationship at that immediate point cease to exist?)

    Sorry for the rambling -- I'm just curious.
     
  6. FedUp2003

    FedUp2003 Well-Known Member

    bump

    Good questions.

    If a CA receives and account from an OC, can the OC continue to pull your report?

    Can the CA pull your report? If so, can they be Hard Inq's, or only Soft?

    If you send a CA a DV letter, do they have the right to pull your rpeort?

    In particular, what if this is a Paid Collection, and then later you go back and send a DV letter, does the CA have a right to pull the CR then?


    FedUp2003
     
  7. jlynn

    jlynn Well-Known Member

    Re: Re: Violation!!!

    What excellent questions!

    1. Can the OC still pull your report? I think it would probably boil down to does the CA own the debt, or is it an assigned debt.

    2. CA Pull your report? Yes. the FCRA does not distinguish between hards and softs. So yes, per the FCRA they can pull hards.

    3. DV Letter - been up for much debate. Did we come to a conclusion?

    4. Paid Collection - We have always said No. But, you might read Olive's inquiry shenanigans, and inquiry shenanigans update posts. We may have to watch that one, if they go to court.
     
  8. lbrown59

    lbrown59 Well-Known Member

    1*If you have an open account with someone, don't they have permissible purpose to pull your credit?
    merlin
    =============
    2*I technically have an account with them...so why not pull an A/R?
    3*There is no reason to ding me with 2 hards AFTER getting the dv letter. In my opinion that's continued collection activity.
    amish
    ======================
    1*I'ts questionable that you have and account with them hence the reason for the validation letter.
    2*You have sent a letter demanding proof there is an account,
    until the CA validates there is no account. No Account no PP !
    3*This is called poisoning the file also.
    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
    P.S.
    What need does the CA have to pull your report to validate when the information has to come directly from the oc?
    Suppose the CA dings your report with inquires and can't validate.
    Why should your reports be dinged with inquires from a CA on an account that never existed?
     
  9. amish

    amish Well-Known Member

    That's what I'm thinking....

    "If he wants us off his CR, we'll just make sure he never gets credit!"
     

Share This Page