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CA hard inquiry!

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kobe2012
Established Contributor

CA hard inquiry!

I pulled my EX report and there was a hard pull from commercial rcvy sys from three days ago.. How come I didn't get an alert from EX? What can I do to have this removed? I don't want any CA's pulling a hard on my reports.... I remember dv'ng the only collection on my EX and TU thru email and they sent me a letter and came back valid... Then I emailed the company asking when was the Dofd and who is original creditor (the validation letter only showed the school as the original creditor with the loans I took) they never responded .... And now this? Could they have sold the debt since it has been 6+ yrs ago? Or I have another CA that has been threatening me the past month (no dunning notice and not on my reports), could the inquiry be from them? (The ones calling me was a different company name from the one that pulled my credit) ....... What should I do?????? Help!!!!!

Starting Score: MYFICO 12/30/15 -TU: 481, EQ:561, EX:532 - BK7 DISCHARGED 12/2015 - Current: 09/01/2016 TU:642 EQ: 651 EX: 646
NFCU cashRewards:$6200 QS:$1500 Merrick:$1200 Cabelas:$1000 SonyVisa: $500 JCrew:$850 Overstock:$850 Express: $1050 PaypalCredit:$2150 NAVCHECK:$10K
Message 1 of 8
7 REPLIES 7
RobertEG
Legendary Contributor

Re: CA hard inquiry!

Debt collectors, provided they have active collection authority, are considered to have permissible purpose under FDCPA to pull a consumer's credit report in conducting their legitimate business activities.  While some proffer that the FCRA does not provide permissible purpose to debt collectors, they have been doing it for decades, and it is normal and longstanding procedure.  A challenge of their permissible purpose would, in my opinion, be futile.

 

If the debt collector does not have current collection authority, then it is fairly clear that they have no permissible purpose under section 604, as they would no longer be collecting on a debt.  Similarly, a debt collector who has not obtained collection authority, either by way of assignment or purchase of the debt, would not have permissible purpose.  Those are bases for challenge.

 

The FCRA does not regulate the coding of inquiries as either hard or soft.  That is an administrative matter with the CRAs.  If they had permissible purpose, a challenge of its coding would also, in my opinion, be futile.

Message 2 of 8
kobe2012
Established Contributor

Re: CA hard inquiry!


@RobertEG wrote:

Debt collectors, provided they have active collection authority, are considered to have permissible purpose under FDCPA to pull a consumer's credit report in conducting their legitimate business activities.  While some proffer that the FCRA does not provide permissible purpose to debt collectors, they have been doing it for decades, and it is normal and longstanding procedure.  A challenge of their permissible purpose would, in my opinion, be futile.

 

If the debt collector does not have current collection authority, then it is fairly clear that they have no permissible purpose under section 604, as they would no longer be collecting on a debt.  Similarly, a debt collector who has not obtained collection authority, either by way of assignment or purchase of the debt, would not have permissible purpose.  Those are bases for challenge.

 

The FCRA does not regulate the coding of inquiries as either hard or soft.  That is an administrative matter with the CRAs.  If they had permissible purpose, a challenge of its coding would also, in my opinion, be futile.


why would a CA even pull a report?? what do they wanna see?? while the damage is already done and it already hit my report, would this pull prevent me for future application approvals for credit?? even CLI's from my current cards?.... it sucks cause these things keep popping up now that my credit is getting a lot better ... Smiley Mad


Starting Score: MYFICO 12/30/15 -TU: 481, EQ:561, EX:532 - BK7 DISCHARGED 12/2015 - Current: 09/01/2016 TU:642 EQ: 651 EX: 646
NFCU cashRewards:$6200 QS:$1500 Merrick:$1200 Cabelas:$1000 SonyVisa: $500 JCrew:$850 Overstock:$850 Express: $1050 PaypalCredit:$2150 NAVCHECK:$10K
Message 3 of 8
nineironkitty
Established Member

Re: CA hard inquiry!

My husband has a judgement against him (obtained while he was incarcerated).  The CA keeps checking to see if he's employed so they can garnish his check.  Good luck with that, he's already having 20%+ deducted from his checks for child support.

EQ - 656
EX - 671
TU - 629
Message 4 of 8
TrishN
Established Contributor

Re: CA hard inquiry!

They just checked my credit report. And they found my business phone number. They called me try to get me,but I told them first I don't know what you are talking about. Second like what you saying that is out of SOL. I request your do not call my business again or I'll make legal action to your company. Done. Bume he said sorry lol

10/2012 Started with 588 EQ Fico score and 20+ CA and CO
1750$ total CL
10/2013 in 700 Club
Personal :Total CL 196K
Business : Total CL 200K
Business LOC : 1M
Garden From 10/13/2013
Message 5 of 8
rckstrscott
Valued Contributor

Re: CA hard inquiry!


@kobe2012 wrote:

@RobertEG wrote:

Debt collectors, provided they have active collection authority, are considered to have permissible purpose under FDCPA to pull a consumer's credit report in conducting their legitimate business activities.  While some proffer that the FCRA does not provide permissible purpose to debt collectors, they have been doing it for decades, and it is normal and longstanding procedure.  A challenge of their permissible purpose would, in my opinion, be futile.

 

If the debt collector does not have current collection authority, then it is fairly clear that they have no permissible purpose under section 604, as they would no longer be collecting on a debt.  Similarly, a debt collector who has not obtained collection authority, either by way of assignment or purchase of the debt, would not have permissible purpose.  Those are bases for challenge.

 

The FCRA does not regulate the coding of inquiries as either hard or soft.  That is an administrative matter with the CRAs.  If they had permissible purpose, a challenge of its coding would also, in my opinion, be futile.


why would a CA even pull a report?? what do they wanna see?? while the damage is already done and it already hit my report, would this pull prevent me for future application approvals for credit?? even CLI's from my current cards?.... it sucks cause these things keep popping up now that my credit is getting a lot better ... Smiley Mad


They pull your credit to get an idea of if you can or cannot pay it currently..

 

example: when I had 21 collection accounts, many of them open for years, CA's would do hard pulls or soft pulls to see what my finances look like.. they see the trainwreck, they might not waste their time.. I would rarely get new colections or dunnings..

 

Now, I have very little but positive stuff on my credit, so whenever I get a soft or hard pull from a CA, I almost immediately get a dunning and a zillion phone calls, cause they think I will pay.. and they will report now because they can tell I actively take care of it.. they pay attention, they have records and details.. some of these collections trying to hit me now are near the end of the CRTP even..

 

OR; another example is, if they check your credit and see other hard pulls from, lets say, a mortgage company, they might think you are trying to a mortgage and will have to pay off outstanding debt to get the house ect ect

 

-scott

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 6 of 8
kobe2012
Established Contributor

Re: CA hard inquiry!


@rckstrscott wrote:

@kobe2012 wrote:

@RobertEG wrote:

Debt collectors, provided they have active collection authority, are considered to have permissible purpose under FDCPA to pull a consumer's credit report in conducting their legitimate business activities.  While some proffer that the FCRA does not provide permissible purpose to debt collectors, they have been doing it for decades, and it is normal and longstanding procedure.  A challenge of their permissible purpose would, in my opinion, be futile.

 

If the debt collector does not have current collection authority, then it is fairly clear that they have no permissible purpose under section 604, as they would no longer be collecting on a debt.  Similarly, a debt collector who has not obtained collection authority, either by way of assignment or purchase of the debt, would not have permissible purpose.  Those are bases for challenge.

 

The FCRA does not regulate the coding of inquiries as either hard or soft.  That is an administrative matter with the CRAs.  If they had permissible purpose, a challenge of its coding would also, in my opinion, be futile.


why would a CA even pull a report?? what do they wanna see?? while the damage is already done and it already hit my report, would this pull prevent me for future application approvals for credit?? even CLI's from my current cards?.... it sucks cause these things keep popping up now that my credit is getting a lot better ... Smiley Mad


They pull your credit to get an idea of if you can or cannot pay it currently..

 

example: when I had 21 collection accounts, many of them open for years, CA's would do hard pulls or soft pulls to see what my finances look like.. they see the trainwreck, they might not waste their time.. I would rarely get new colections or dunnings..

 

Now, I have very little but positive stuff on my credit, so whenever I get a soft or hard pull from a CA, I almost immediately get a dunning and a zillion phone calls, cause they think I will pay.. and they will report now because they can tell I actively take care of it.. they pay attention, they have records and details.. some of these collections trying to hit me now are near the end of the CRTP even..

 

OR; another example is, if they check your credit and see other hard pulls from, lets say, a mortgage company, they might think you are trying to a mortgage and will have to pay off outstanding debt to get the house ect ect

 

-scott


can they still pull even if the debt they're collectiong is past seven years?? should I give them a call and ask what was the collection from?? and would my current CC's see this as negative if i try to get a CLIs??


Starting Score: MYFICO 12/30/15 -TU: 481, EQ:561, EX:532 - BK7 DISCHARGED 12/2015 - Current: 09/01/2016 TU:642 EQ: 651 EX: 646
NFCU cashRewards:$6200 QS:$1500 Merrick:$1200 Cabelas:$1000 SonyVisa: $500 JCrew:$850 Overstock:$850 Express: $1050 PaypalCredit:$2150 NAVCHECK:$10K
Message 7 of 8
RobertEG
Legendary Contributor

Re: CA hard inquiry!

CR exclusion is imposed on the CRAs, and is a bar against them continuing to include adverse information, in this case a collection, in credit reports they issue after the exclusion date.

It is not a bar against continued efforts to collect on the debt, which they are permitted to continue until the debt is satisfied.

You can require them to cease communication with you regarding their collection of the debt, but cannot bar them from continued collection activities provided they do no violate any provision of the FDCPA or FCRA.  

 

Message 8 of 8
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