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Can a CA do a hard pull on my credit?

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Anonymous
Not applicable

Can a CA do a hard pull on my credit?

I got a letter in the mail from a Commercial Recovery Systems.  I think they are a total scam and a backwoods firm.  They told me I had a Citibank Card and that I owed $2,500.  I called Citibank as I knew I never had a card with them and they verified that. The CA could provide me no details of the original account and told me it was 9 years old.  So it does not matter and I am done with them.

 

However I checked my credit today and they did a hard pull inquiry on my credit report.  I never authorized this and was never even informed that they did this.  I have not applied for credit in over 6 years.  So now that is my only inquiry.  Are they allowed to do this?

 

Now I am afraid and they are going to put some crazy collection on my credit report that is was never mine and they said was 9 years old (from date of 1st del), and I know they can't , but they could just say it is 2 years old and try and get money out of me.

 

My credit is in the mid 600's now.  I swear now the vultures are coming after me and I am having to protect my credit and watch for scams.  This did not happen when it was in the 400's.  LOL.

Message 1 of 5
4 REPLIES 4
llecs
Moderator Emeritus

Re: Can a CA do a hard pull on my credit?

I would send a DV ASAP.

 

After a week or two, I would send a non-PP letter to the CA for the inquiry to get them to remove it.

Message 2 of 5
IOBA
Senior Contributor

Re: Can a CA do a hard pull on my credit?

And OPT OUT of your credit reports!!!!

 

It keeps the vultures at bay.  Smiley Happy

Message 3 of 5
Anonymous
Not applicable

Re: Can a CA do a hard pull on my credit?


@Anonymous wrote:

I got a letter in the mail from a Commercial Recovery Systems.  I think they are a total scam and a backwoods firm.  They told me I had a Citibank Card and that I owed $2,500.  I called Citibank as I knew I never had a card with them and they verified that. The CA could provide me no details of the original account and told me it was 9 years old.  So it does not matter and I am done with them.

 

However I checked my credit today and they did a hard pull inquiry on my credit report.  I never authorized this and was never even informed that they did this.  I have not applied for credit in over 6 years.  So now that is my only inquiry.  Are they allowed to do this?

 

Now I am afraid and they are going to put some crazy collection on my credit report that is was never mine and they said was 9 years old (from date of 1st del), and I know they can't , but they could just say it is 2 years old and try and get money out of me.

 

My credit is in the mid 600's now.  I swear now the vultures are coming after me and I am having to protect my credit and watch for scams.  This did not happen when it was in the 400's.  LOL.


I agree with llecs.

 

Further, it would seem impossible for them to start legally reporting the debt since it is well beyond the CRTP.  If they do, however, consider yourself lucky because you can easily sue them and get $1k in beer money.  Smiley Happy

 

As for the inquiry, that starts getting complicated.  Generally, a CA can pull your credit report.  In your case, however, they would not have had permissible purpose since the debt they are trying to collect is not yours.  I would, as llecs stated, send them a non-PP letter demanding deletion of the inquiry.  If they fail to comply or respond within, say, 30 days, go for an additional $1k in beer money.

 

Now, if it turns out you do actually owe the debt, there is still hope regarding the inquiry.  First of all, the FDCPA / FCRA is not precise on this, but I have had success with non-PP when the debt is not only beyond the statute of limitations, but also beyond the CRTP.  The logic is simple:

 

1.  The FCRA does not generally allow negative data to be reported beyond 7.5 years;

2.  An INQ from a CA is a negative; creditors do deny credit based on these types of inquiries; further

3.  The SOL has expired so they have no ability to obtain a judgment against you; so

4.  There is no PP for a hard pull from a CA under the circumstances.

 

 

Message 4 of 5
RobertEG
Legendary Contributor

Re: Can a CA do a hard pull on my credit?

Being beyond CRTP of 7 1/2 years from the DOFD on the OC account does not prevent the CA from continued reporting to the CRA.  They can report forever.

The CRTP provision of FCRA 605(a) and (c) for a collection is imposed on the CRA against inclusion of the CA in any CR they issue, and not on credit reporting by the debt collector to the CRA.

If the debt collector asserts legitimate collection authority, then, in my opinion, they have the right to permissible pull of your CR under FCRA 604(a)(3)(A)

The central issue, in my opinion, is whether or not you even owe a debt.  I would file a direct dispute under FCRA 623(a)(8) with the debt collector, asserting inaccurate reporting of a debt, and including the information you have uncovered, such as a statement by the OC that you never had an account with them.  Require, as part of their investigation of your dispute, that they provide you the account number of the OC account, and a satement by them that they were assigned/sold the disputed debt by that OC.

If they cannot show that the debt was accurately due the OC and that the OC referred collection authority to them, their whole houe of cards crumbles.

Message 5 of 5
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