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davidsawsparks
Posts: 67
Registered: ‎07-16-2010
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Help! Debt collector doesn't have my name but did a hard pull on my CR.

Today I looked at my experian report and saw that there was a new hard inquiry on my account from a debt collector. I called experian and told them I don't know anything about this debt collector and they told me to contact the company directly in order to have them remove the inquiry.

 

The company is Commercial Recovery Systems. I called them and told them that they pulled my credit report and I wanted to know why. She asked me for my name. Once I gave her my name... she told me she doesn't have any record on file with my name. She then asked me for social since she couldn't look me up by my name. I refused to give her my SSN since I was very wary of the situation. I need that inquiry off my report since I'm buying a house and don't want to mess up anything with the lenders. Should I call back and give them my SSN or am I setting myself up for something bad if I were to do that... since they don't even have my name on file?

     
    
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HoldingOntoHope
Posts: 1,057
Registered: ‎09-29-2009
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Re: Help! Debt collector doesn't have my name but did a hard pull on my CR.

I would call them back and give them the SSN simply to find out what is in their system. I offer this advice only because of your statement that you are currently buying a house. If you were not in that process I would probably suggest that you wait for any communication from them either by letter or phone.

 

Your mortgage lender is going to ask for explanations on any recent inquiries and rather than just saying "I have no idea who they are or what they want" you would be in the position of saying "I contacted them and this is the result." If in fact they do have an account then you have the processes to deal with determine whether it is legitimately yours or not. The problem with just the name is it could be in their system as some variation, such as first initial last name, etc.

 

You do not want them to put a collection report in your credit file whether it is legitimate or not at this time if you are purchasing a home.

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RobertEG
Posts: 17,688
Registered: ‎03-19-2007
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Re: Help! Debt collector doesn't have my name but did a hard pull on my CR.

In order to have pulled your credit report, they must have certified to the CRA that they had permissible purpose due to their authorized auhority to collect on a debt.

Thus, they must have certified to the CRA that they have legitimate colllection authoirity, and provided to them sufficient identifiers to match their request to your credit file.

 

It is seems next to impossible for them to have identified you to the extent of having received your credit report, and yet not be able to identify you when you calll.

Per your call, it seems that they are playing games, or simply not taking the time to locate their files.

 

However, the burden is not on you to provide them info at this point, the burden is on them to communicate notice of their collection to you.

Your call consituted an initilal communication with the debt collector that immediately triggered their requirement to send you formal dunning notice within 5 business days thereafter. FDCPA 809(a),   Thus, the ball is now in their court to provide you notice of their collection, and inform you of the owner, the amount of the asserted debt, and advise of your DV rights.

 

If you dont receive dunning notice within a week of that call, I would send an immediate formal complaint to the FTC/CFPB of their failure to have complied with the dunning notice requirement of FDCPA 809(a), and send a cc: of that complaint to them.

 

The issue of legitimacy of their inquiry is something that will be impossible to dispute until the issue is resolved as to whether or not they have legitimate collection authority.

That is the purpose of the dunning notice/DV process. It seems you have to go thru that process first.......

 

 


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