Reply
Moderator Emeritus
Posts: 32,869
Registered: ‎08-04-2007
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY


mch1brg76 wrote:

UpUpUp,

 

What ever happened with your issue when the collection agency pulled your credit for a zombie debt? My wife just had this happen a couple weeks ago. She got a call from a collection company about a debt they say she owed from 2003 (its now 2013). Turns out they did a hard pull on her credit report a few days later. She has asked them repeatedly to send her proof of the debt but they have not. She finally filed a complaint with the FTC and Attorney general today. Now she is wondering if she should contact an attorney as well. 

 

Thanks

Brad


Unfortunately UpUpUp hasn't been on since 2011. 

Epic Contributor
Posts: 20,114
Registered: ‎03-19-2007
0

Re: HARD INQUIRY FROM A COLLECTION AGENCY

The issue of hard pulls once the collection itself has become excluded from a consumer's credit report based on passage of 7yrs plus 180 days from DOFD also raises issues, at least in my opinion,  of violation by the CRA if they code those inquiries as hard and includes them in credit reports they provide to others.

 

Section 605(a) precludes the CRAs from including information relating to a collection in a consumer report they issue after expiration of the CR exclusion period.

In order for a debt collector to have permissible purpose to pull a consumer's credit report, they must have active collection authority on the debt.

 

Thus, the obvious conclusion is that by including any inquiry by a debt collector in a consumer report issued to others, they are necessarily including the fact of an adverse item of information that is barred by FCRA 605(a)(4).

Yes, the debt collector may have permissible purpose, and thus receive the credit report, but I would argue that the CRA MUST prevent a record of that inquiry from any credit report they issue after expiration of the CR exclusion period....... i.e., they must code it as a so-called soft inquiry.

 

 

Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.