CA Pulled 2 Back to Back...Is there a sample letter?

[Anonymous]

I pulled my TransUnion credit report today.  It shows 2 back to back inquiries (March 12 & 17, 2008) by the same CA.  The inquiries are affecting my FICO score.  What can I do to bury the CA and the creditor?  Is there a sample letter that I can use?  I was only made aware of the alleged debt during the week of March 10, 2008 when I began receiving harassing telephone at my place of employment from the CA.  On March 17, 2008 (same date of one of the credit inquiries), the CA also contacted my mother on who lives out of state by telephone.  The lady who called my mother lied and stated to her that she was calling to speak with me about my application.  My mother is 70 plus years old and became concerned that something had possibly happened to someone in our family.  So, when my mother began to question the lady asking her what the problem was and who she was, the lady abruptly hung up the phone.  My mother called me immediately on March 17 at work.  Prior to the calls and letters from the CA dated 3/13/08, and 3/19/08, the creditor never contacted me alleging I owe them (which I do not owe them anything).  The creditor is my former landlord.  My leasing of their residential property was month-to-month spanning June 2003 through September 30, 2007.  During the time I leased their property, I never missed paying my rent and it was NEVER late.  As a matter of fact, during the time that I researched to secure another home to lease, the realty company (my current landlord) contacted my former landlord to obtain my rental payment history.  My former lanlord provided an EXCELLENT report to them.

To obtain information regarding the alleged debt and allow me the opportunity to address it and dispute, on Wed. 3/19 I mailed the following letter (customized for my use), certified return receipt, to the collection agency and have not yet received their response.

Financial Collection Agency of TN, Inc.

P.O. Box 341889 / 5705 Stage Rd. Suite #102

Bartlett, TN38184-1889

March 19, 2008

Re:  Financial Collection Agency of TN, Inc.; Acct # 0000000; NAME OF CREDITOR

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on March 17, 2008. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Financial Collection Agency of TN, Inc. for this alleged debt:

·         Signed credit application between myself and the original creditor

·         Copies of all signed vouchers from the date account was opened until default

·         Copies of all statements from the date account opened until default

·         Proof of the statute of limitations

·         Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or

·         A copy of the contract Financial Collection Agency of TN, Inc. purchased the alleged debt.

·         If the alleged debt was purchased, provide a copy of an agreement between Financial Collection Agency of TN, Inc. and myself, signed by me, stating that I have a contractual responsibility to Financial Collection Agency of TN, Inc. for the alleged debt

·         Provide proof that Financial Collection Agency of TN, Inc. is bonded/Licensed for debt collecting in the State of Tennessee

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Financial Collection Agency of TN, Inc. is asserting regarding this alleged debt. If Financial Collection Agency of TN, Inc. can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Financial Collection Agency of TN, Inc.

If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that cannot be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me.  I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

Best Regards,

TYPED MY NAME

Thanks for your advice and input.

[Anonymous]

What kind of pulls  hard or soft?  They do not have PP to do hard pulls!  You can DV them  CMRRR

You want everything in writting!!!!

Your letter is good   send this to the CA also      it does not go to the CRAs!!!!!!

NO PP letter

Non-PP Puller Company
Address
City State Zip Code

To Whom It May Concern:

I have noticed that you have placed an inquiry on my _________ credit file dated ________. As you probably know, Credit Reporting Agencies treat inquiries as a statement of fact and will not allow a consumer to dispute them. Since it is against federal law (Fair Credit Reporting Act -- 15 USC § 1681n(a)(1)(B) for an entity to view a consumer’s credit report without a "permissible purpose," I am writing to inquire as to your alleged purpose for doing so since I did not apply for employment with your organization nor did I request credit from your organization.

[Describe any additional details about the inquiry here if need be. For example, your a subscriber to XXXX monitoring service and XXXX company pulled a "hard inquiry" on one of your reports.]

Based on the evidence in my possession, this inquiry was performed under false pretenses as described in the clear language of the law. 15 USC §1681n(a)(1)(B ) states, in part, "in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;"

You are civilly liable to me in the amount of $1,000.00 for your willful violation of the law -- performing a "hard inquiry" on my __________ file without my permission. I do hope that we can settle this matter amicably. You can remove the inquiry within one (1) business day of the receipt of this notice. Or, we can meet in court where you will end up removing the inquiry, paying me the civil liability fine, punitive damages for my score drop, plus court and attorney fees. The choice is up to you.

Please contact me immediately at the address listed below.

Sincerely,

Consumer
Address
City State Zip Code

[Anonymous]

HappyDays, Thanks for your advice!!  How can I tell if these are hard pulls or soft pulls?

[kamila7]

Hard pulls are the ones on your MyFico reports noted as Inquiries, and if you received your reports from the individual CRA's then they should decipher between pulls that are effecting your score, hard pulls, and ones that are are not, soft pulls.

GL, I'm in the same type of battle!