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Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
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Re: what should I do about a ca soft pull?



onmyway3161 wrote:
They signed about a week and a half ago. I received the green card back but they haven't validated. Now they are just harrassing me. I had put in another post that they did two hard pulls on TU yesterday and that they reported the account as new. Now it looks like I have a new delinquency on my report. And as of yesterday they started calling me. I haven't talked to them. It seems to me that they can't validate or they would have already done so.


You might want to look into Caller ID and whether you can record phone calls in your state without consent.
 
Start a file. RRR green card, CM receipt, USPS receipt if you have it, and a copy of the letter if you have in, into the folder. Stick a paper copy of your CR in the folder showing the new collection with an updated date.
 
If they've had your request for validation for a week, and now they are starting to do hard INQs, then they definitely appear to have no validation of the debt. Either it ain't yours or it's too old.
 
I would not call them, and I would not talk to them on the phone unless you're recording.
 
Contributor
onmyway3161
Posts: 111
Registered: ‎05-13-2007
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Re: what should I do about a ca soft pull?

The last call I received from them said it was urgent I call them to discuss file number so and so....
Contributor
onmyway3161
Posts: 111
Registered: ‎05-13-2007
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Re: what should I do about a ca soft pull?

I don't understand why they would do two hard pulls from my TU in one day? What are they looking for? I am getting very worried.
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
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Re: what should I do about a ca soft pull?



onmyway3161 wrote:
I don't understand why they would do two hard pulls from my TU in one day? What are they looking for? I am getting very worried.


Since you DVed them, if they had solid paperwork showing the debt is yours, you owe it, and it's within SOL, then they would likely send you validation before ever contacting you again. Since they are continuing to call, they are hoping to scare you into paying them.
 
Don't give in to panic. What state are you in? Who's the CA?
Frequent Contributor
Lori344
Posts: 313
Registered: ‎04-01-2007
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Re: what should I do about a ca soft pull?



Noah_Bodie wrote:


Lori344 wrote:
 
I had a CA (truelogic/debt owned by LVNV) do a hard pull on my TU report 2/07/07.
...
I was inclinded to ignore them until receiving another letter from Resurgent capital Services (still owned by LVNV).


 
I would DV them anyway. Even if it's beyond the 30 day limit, some judges will ask the alledged debtor (AD), "Did you ever challenge the validity of the debt?" IOW, did you DV?
 
If yes, then even if you DVed beyond the 30 days, some judges will then turn to the CA and demand that they show proof of the debt. Something showing the ADs signature and somehow showing it's within SOL.
 
I'm saying this not because court is your only solution. I'm saying this because the CAs know some judges will demand this info, and if they can't cough it up then they are toast if the AD countersued or initiates a suit for a FDCPA violation.
 
Are they currently reporting on your CRs? Or just the hard INQ?
 



Just the letter and the hard inq. They haven't hit me where it would hurt me the most, yet. Would you still suggest the DV?
~lori
Contributor
onmyway3161
Posts: 111
Registered: ‎05-13-2007
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Re: what should I do about a ca soft pull?

[ Edited ]
Noah
I am in Indiana. The CA is Physicians Credit Bureau. They are located in Columbus OH.


Message Edited by onmyway3161 on 07-12-2007 05:23 PM
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
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Re: what should I do about a ca soft pull?



Lori344 wrote:
 
Just the letter and the hard inq. They haven't hit me where it would hurt me the most, yet. Would you still suggest the DV?


Yep, DV them. They are pulling hard INQs. They are pushing. Next step might be to drop a collection on your CRs. DV them now, and if they go away, you can them pursue them for the unauthorized INQ.
 
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
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Re: what should I do about a ca soft pull?



onmyway3161 wrote:
I am in Indiana. The CA is Physicians Credit Bureau. They are located in Columbus OH.


Ind. Code Ann. § 35-33.5-1-5: The recording or acquiring of the contents of a telephonic or telegraphic communication by someone who is neither the sender nor the receiver is a felony and can be the basis for civil liability. Ind. Code Ann. §§ 35-33.5-5-4, -5.
 
 
Appears that in Indiana you can record the call and you don't have to tell the caller you are recording.
 
 
If you want to, go ahead and call the Consumer Protection Division of the Indiana Attorney General's Office. Ask them whether under Indiana law you can record a phone call you receive at home without telling the other party you are recording. They might try to "persuade" you and "suggest" that "Well, you really should tell them if you are recording", but politely ask whether you are required to do so under law.
Frequent Contributor
Lori344
Posts: 313
Registered: ‎04-01-2007
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Re: what should I do about a ca soft pull?



Noah_Bodie wrote:


Lori344 wrote:
 
Just the letter and the hard inq. They haven't hit me where it would hurt me the most, yet. Would you still suggest the DV?


Yep, DV them. They are pulling hard INQs. They are pushing. Next step might be to drop a collection on your CRs. DV them now, and if they go away, you can them pursue them for the unauthorized INQ.
 


Would you suggest that I mention the hard inq when I DV them or just DV based on the letter?

 
Contributor
onmyway3161
Posts: 111
Registered: ‎05-13-2007
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Re: what should I do about a ca soft pull?

Thank you Noah.
At this point I feel like I am just waiting to see what they will pull next. They have already hurt me with the new delinquency and two hard pulls.

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