10-13-2012 07:46 AM
Has anyone ever heard of these people? I live in Arkansas and these people are out of Colorado, I have never been there or even tried to get a Real Estate loan before. I've been DV-ing them constantly and sending letters left and right to everyone, all three credit reporting. My report says it will fall off in January 2013, a few months away but I'd still like to know who these people are. Should I wait until January or keep pushing the issue?
10-13-2012 02:47 PM - edited 10-15-2012 12:25 PM
Who they are, who the creditor is, and the amount of the asserted debt, are required notifications to a consumer by way of dunning notice once they have initiated communication with the consumer. Have they taken any active collection on the debt, other than just a pull of your CR? What reporting of theirs is scheduled to "fall off in January, 2013?" The inquiry?
Acts that clearly trigger requirement for dunning notice within 5 days include calls or letters to you, or reporting of their collection to a CRA.
However, I am unaware of any case law that interprets pulling your CR as an act triggering requirement for dunning notice. Inquires are not reporting of their information to a consumer's file, but simply a request to see reporting made by others.
You certainly have the right to send a DV once aware of any debt collector, but they have the right not to respond providing they choose not to conduct any further collection activites.
I dont know how to "push the issue" other than to assert that they lacked permissible purpose for their inquiry. If they have actual collection authority, either as the creditor or their assigned collection agent, they have permissible purpose.
10-17-2012 04:50 AM
So, if they are simply a servicer for others, then the mystery remains as to who they are sevicing.
There may not even be a debt collector involved, in which case a DV would not be appropriate.
In making any request for a consumer credit report, the requestor must provide a certification of permissible purpose to the CRA.
All I can think of at the moment is to contact the CRA and find if the inquiry was based on an asserted permissible purpose of a debt collector collecting on a debt, or as an original creditor reviewing their own account.