Another Repo question

[Anonymous]

In a nutshell here are my questions:

I had a repo in 2003, is the SOL for a repo in GA 4 yrs from the date of sale?  I am not sure what type of contract this would be considered.

In the past 30 days Calvary has done a hard pull on TU, posted a new collection to all 3 CRA's, then another hard pull to Ex. But yet I have not received any correspondence from them. Legally can they continue to destroy my CR without even bothering to send me something in writing?

Can a CA pull a hard inq on me? I understand that it could be argued that a CA has PP, ok, but for a soft inq. right?  Why would they continue to hard pull my report even after reporting a new collection?


If someone can verify the SOL for me then I can and will send them a letter but I just need to be sure before I go that route.

[Anonymous]

They can report the CA 7 years past DOFD (Date of first delinquency)

A CA does NOT have PP to pull your credit report- as you did not apply for credit with them.
This is exactly matches a recent 9th district ruling.

SOL only applies to how long they can sue you-

[Anonymous]

Hey Timothy-

Thank you for the prompt response.  I do understand that the CA can report the debt however I would like to verify the SOL before I send them a DV letter.   My understanding is that the Repo voids the original contract thus giving it a 4 yr SOL from the date of sale, is that correct?

Do you happen to know where I can pull a copy of the ruling you refer to for the PP?  When I spoke with a TU rep she told me that this company does have PP. 

[Anonymous]

google Pintos v. Pacific Creditors Association

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=55324

[Anonymous]

I appreciate the link, I will be researching that case now and eager to bring this issue to closure once and for all. 

I have noticed that Amex has been pulling my report every week since this CA posted a balance to my account, I fear that they will decrease my LOC or worse close my account!  Have they done this to anyone else out there?

One more thing, at the time of my repo (2/03, I checked carfax) my car was more than 70% paid.  If I am not mistaken in the state of GA they can not pursue a deficiency if the car was more than 60% paid, is that correct?  Could that be why the OC never attempted to collect from me and always posted a zero balance on my CR?

Thanks!!!

[Anonymous]

Bump.............