General Credit Topics

[CurlyTop47]

Portfolio Recovery pulled a hard inquiry on my Trans Union file and I was wanting to know if any one has been able to get the inquiry removed with the No PP letter posted on the Fico Forum? This is and old debt that is way past Sol and has been off my report for years.   

[guiness56]

Several posters have had success with a non-PP.

When you send it, point out to them they are not reporting the debt and it is past SOL.  Therefore they do not have PP. 

[britishbooklady]

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guiness56 wrote:

Several posters have had success with a non-PP.

When you send it, point out to them they are not reporting the debt and it is past SOL.  Therefore they do not have PP. 

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Is it okay to combine a non-PP letter along with a DV or should they be sent separately?

This exact same thing just happened to me and my DH. He got a letter from them dated 30 June and mine was dated 13 July (Two entirely different debts, both of which are past SOL and the legal CRTP-btw, they're not reporting). Neither letter had the typical "unless you dispute this debt within 30 days..." statement in it, which tells me that they know the CRTP is past. We were just planning on ignoring them...that is, until our TU reports got dinged earlier this week.

So, what do you guys suggest we do? I mean, CMRRR can get kind of pricey if I have to send these all out separately.

Thanks, in advance, for any advice.

[RobertEG]

This is a very contentious topic.  In my opinion, it is a permissible pull. Here are my "devil's advocate" reasons that you will have to address.

First, there is no such thing as a hard or soft inquiry under the FCRA,  Those terms are not even mentioned. Those are only credit reporting codes.

The FCRA governs the right to permissible access to your CR.   FCRA 604(a)(3)(A) gives a party permissible access for purpose of collection of an account.

The strongest reason for denial of access to your CR is an assertion that a collection does relate to a credit transaction intiated by the consumer.

But FCRA 603(m)(2) explicity states that collecting on a debt is not excluded on the basis that it was not intiated by the consumer.

Being past SOL is something that the CRA does not know, or care about.  Likewise, whether or not they are in your CR is not determinative of the riight of a party to access your CR for permissible purposes.  If that were so, no one that you apply for new credit with would be able to access yuour CR. 

Others may have different, and very legitimate, arguments for why CA permissible pull is not proper, but these are the arguments upon which the CA will tell you that their inquiry was legitimate.  The issue of coding as a so-called hard or soft inquiry is not something that is covered by the FCRA.  You need to work that out with the CA,

[guiness56]

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RobertEG wrote:

This is a very contentious topic.  In my opinion, it is a permissible pull. Here are my "devil's advocate" reasons that you will have to address.

First, there is no such thing as a hard or soft inquiry under the FCRA,  Those terms are not even mentioned. Those are only credit reporting codes.

The FCRA governs the right to permissible access to your CR.   FCRA 604(a)(3)(A) gives a party permissible access for purpose of collection of an account.

The strongest reason for denial of access to your CR is an assertion that a collection does relate to a credit transaction intiated by the consumer.

But FCRA 603(m)(2) explicity states that collecting on a debt is not excluded on the basis that it was not intiated by the consumer.

Being past SOL is something that the CRA does not know, or care about.  Likewise, whether or not they are in your CR is not determinative of the riight of a party to access your CR for permissible purposes.  If that were so, no one that you apply for new credit with would be able to access yuour CR. 

Others may have different, and very legitimate, arguments for why CA permissible pull is not proper, but these are the arguments upon which the CA will tell you that their inquiry was legitimate.  The issue of coding as a so-called hard or soft inquiry is not something that is covered by the FCRA.  You need to work that out with the CA,

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Well, there is an FTC opinion letter that states if it is not reporting and outside SOL, the CANNOT pull your report.

[RobertEG]

I would be interested in reading this FTC opinion letter,  Can you provide a citation?

I cant imagine why the FTC would opine on SOL issues, which are clearly beyond the scope of the FCRA, and thus their authority.

[britishbooklady]

Just wanted to let everyone know that I sent out Non-PP letters to Portfolio Recovery Associates on the 23rd and when I checked my CR last night, the hard inquiry was GONE! On my DHs CR too! I haven't even received the green Return Receipt back yet. And, btw, I got the 4 points back on my TU FAKO score too.

[CurlyTop47]

I checked my Trans Union to day and the inquiry was also removed.

[britishbooklady]

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CurlyTop47 wrote:

I checked my Trans Union to day and the inquiry was also removed.

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That's awesome, CurlyTop! How long ago did you send out your letter?

[guiness56]

Good job!