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Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
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Re: Collection Company Posted Hard Inquiry on my Credit report


bicknar wrote:

Guiness,

 

Is this the one you are referring to?  http://www.ftc.gov/os/statutes/fcra/benner.shtm

 

I found that searching on a link from a thread that you had posted on prior.

 

If so, looks like I gots me a leg to stand on.  So I can do the Captain Morgan pose with the other.

 

A


I can't read that link.  I am at work and it won't allow it.

 

The specific one I am talking about was an actual court case.

Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
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Re: Collection Company Posted Hard Inquiry on my Credit report

It could be.

 

Or they are just subtly telling you they know it is out of CRTP and they can't report it

Regular Contributor
bicknar
Posts: 175
Registered: ‎12-22-2009
0

Re: Collection Company Posted Hard Inquiry on my Credit report

Right now I'm documenting,

 

Thinking of going with cease and quit the shennanigans letter for phone contact.  A non PP letter for the inquiry.  I've been reading lots of previous posts and seems the way to go.  I actually think you (Guiness) were asking about them back in the day.   Wow some old posts.   Once I do that should be fine.  and if they keep it up I'll continue to document and see how interesting this gets.

 

I gotta get a job, I've got too much time to ponder this stuff.

 

A


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O6
Posts: 3,626
Registered: ‎10-13-2009
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Re: Collection Company Posted Hard Inquiry on my Credit report


bicknar wrote:

Guiness,

 

Is this the one you are referring to?  http://www.ftc.gov/os/statutes/fcra/benner.shtm

 

I found that searching on a link from a thread that you had posted on prior.

 

If so, looks like I gots me a leg to stand on.  So I can do the Captain Morgan pose with the other.

 

A


I do not think that applies to your case.  The CA INQ in that advisory was screening blanket segments of consumers looking for any delinquency so they could then solicit the OC for collections permission.  Your CA was probably specifically given your case prior to the CR pull.

 

That said, I do agree with Guiness56.  The the alleged debt is beyong both the CRTP and your state's SOL, the only reason the CA could have for pulling a hard vs. a soft INQ is for harrassment effects.  A hard INQ from a CA is adverse and IME not allowed in your situation.

 

I would send them a non-PP letter and if they act like scumbags, sue them in small claims court.  Once they are served, they WILL find religion.  :smileywink: 

IAALBNYL
Regular Contributor
bicknar
Posts: 175
Registered: ‎12-22-2009
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Re: Collection Company Posted Hard Inquiry on my Credit report

Step One.... Validation.

 

Here is the text of my validation letter thus far.  Any thoughts or comments would be greatly appreciated.  In the meantime, I'm off to work on my non-pp letter to the affiliated company.  I'm not acknowleging to ARA that I know that their other business name posted the hard pull yet.  Playing dumb so to speak.   My intent is to get the hard inquiries off of my report.  Stop collection activity, and in the long run get the whole thing completely settled.  In this letter I've asked for information regarding who they got the debt from, so I can follow up there and see more of the history on this. 

 

Yes I had a Discover card back in the 90s.  However I paid off anything and everything that I knew of at that time.  May have settled.  This was before I learned lots here.  I'm convinced that I do not owe this.  But either way long run is to make it so that it will never come back again.  To that goal, any input would be greatly appreciated. 

 

Here is the text with personal data removed....

 

To Whom It May Concern:

 

This letter is being sent to you in response to a collection attempt on your behalf.   Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section.   I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following in addition and in compliance to:  the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b)

  1. A copy of the verification or judgment proving ownership and liability for this debt.
  2. The amount of the debt.
  3. The calculations used to determine the amount of debt.
  4. The name and address of the creditor to whom the debt is owed.
  5. The name and address of any agencies that your company acquired this record of debt from;
  6. Provide evidence that you are licensed to collect in my state of residence, including but not limited to your license numbers.

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment.    All future communications with me MUST be done in writing.  Either by e-mail to (emailaddress here) and/or sent to the address noted in this letter by USPS.

 

 

 

Thanks again for all of your suggestions so far.  

 

A


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bicknar
Posts: 175
Registered: ‎12-22-2009
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Re: Collection Company Posted Hard Inquiry on my Credit report

Step 2  Non PP letter.

 

OK,  here is the Non-pp letter that I have drafted with personal info removed.  Any comments and suggestions are appreciated.  Note that the validation is going to the company that actually contacted me and the non PP is going to the company (that is the same as the other but different name)  that placed the inquiry on my report(s).

 

To Whom It May Concern:

I have noticed that you have placed an inquiry on my credit file dated 08/17/2010. As federal law suggests (Fair Credit Reporting Act -- 15 USC 1681b):  For an entity to view a consumer's credit report there must exist “permissible purpose."   I am writing to inquire as to your alleged purpose, for doing so since I am not aware of any business or credit transactions with your company that would allow for this.

I am requesting that you remove the inquiry, as well as any others that you have made to any other credit reporting agencies, within three (3) business days of the receipt of this notice.   I am also requesting a response outlining the details of purpose of this inquiry.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment.    All future communications with me MUST be done in writing.  Either by e-mail to (email address)and/or sent to the address noted in this letter by USPS.

Thanks again everyone... I look forward to your valuable insight.  If all goes well I'll head to the post office tomorrow to CMRRMCCMRRRRRQ  I'm bad with acronyms :smileywink:

 

A


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MarineVietVet
Posts: 14,958
Registered: ‎07-14-2009
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Re: Collection Company Posted Hard Inquiry on my Credit report

IMO the DV letter is much too long and not necessary. Keep it simple:

 

"I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Send me validation of this debt."

 

"You claim I owe you a debt. In accordance with FDCPA, send me validation of this debt."

 

"I received your letter claiming I owe you a debt. Per the FDCPA, send me validation of this debt."

 

Send the DV letter CMRRR. This is all you need to do. Unless you live in Texas the CA is under no time limit to respond but until they do collection attempts must stop.

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802
EQ - 7/06-663, 3/10-800
TU - 8/10-772
You can do the same thing with hard work


 

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009
0

Re: Collection Company Posted Hard Inquiry on my Credit report


bicknar wrote:

Step One.... Validation.

 

Here is the text of my validation letter thus far.  Any thoughts or comments would be greatly appreciated.  In the meantime, I'm off to work on my non-pp letter to the affiliated company.  I'm not acknowleging to ARA that I know that their other business name posted the hard pull yet.  Playing dumb so to speak.   My intent is to get the hard inquiries off of my report.  Stop collection activity, and in the long run get the whole thing completely settled.  In this letter I've asked for information regarding who they got the debt from, so I can follow up there and see more of the history on this. 

 

Yes I had a Discover card back in the 90s.  However I paid off anything and everything that I knew of at that time.  May have settled.  This was before I learned lots here.  I'm convinced that I do not owe this.  But either way long run is to make it so that it will never come back again.  To that goal, any input would be greatly appreciated. 

 

Here is the text with personal data removed....

 

To Whom It May Concern:

 

This letter is being sent to you in response to a collection attempt on your behalf.   Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section.   I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following in addition and in compliance to:  the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b)

  1. A copy of the verification or judgment proving ownership and liability for this debt.
  2. The amount of the debt.
  3. The calculations used to determine the amount of debt.
  4. The name and address of the creditor to whom the debt is owed.
  5. The name and address of any agencies that your company acquired this record of debt from;
  6. Provide evidence that you are licensed to collect in my state of residence, including but not limited to your license numbers.

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment.    All future communications with me MUST be done in writing.  Either by e-mail to (emailaddress here) and/or sent to the address noted in this letter by USPS.

 

 

 

Thanks again for all of your suggestions so far.  

 

A


 

Generally, they are not required to provide #5 or #6.

 

I would follow MarineVet's suggestion and keep it simple.  Let them screw up when they do not validate properly.

IAALBNYL
Regular Contributor
bicknar
Posts: 175
Registered: ‎12-22-2009
0

Re: Collection Company Posted Hard Inquiry on my Credit report

Thank you vet and 06,  I will keep that in mind.

 

They called me again today.  I was told that they are going to file judgement against me :smileyhappy:  Because I didn't meet their deadline for paying a reduced settlement fee that was reduced to only double what the actual claimed debt is.   At which point I requested that further communications come only by mail and hung up.

 

However before hanging up they let slip more information.  True or not.  Stated in 2004 payments of 100.00 were made to the account.  As this is after the account was closed, sold, and written off by the OC (Discover)  Would this change the DOFD?  I am going through my records and kicking myself for not being more organized. 

 

Unfortunately in 2003 my bank started imaging cashed checks. and not returning them so I will have to call the bank to verify the payees for checks for the amount of 100.00 but there are less than 10.  And all of them look like standard credit card payments I was making to my MC at the time.  Would still look the same except I have a 0 balance.... Man I'm too predictable.

 

Anywho, I'm still planning on mailing out the letters tomorrow, and I'm documenting EVERYTHING.

 

Here is the count so far....

Monkeying with the debt and inflating it.

Threatening to post derogatory information to my credit report. 

Threatening law suit.

 

Any thoughts again,  Particularly with regards to the CA being able to re-age.  The SOL in my state is 6 years for suit on debts.  So even then chances are it's out of SOL, but just in case.   Don't worry I'll see this through to conclusion and post any gory details for reading pleasure.

 

A

 

 


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O6
Posts: 3,626
Registered: ‎10-13-2009
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Re: Collection Company Posted Hard Inquiry on my Credit report


bicknar wrote:

Thank you vet and 06,  I will keep that in mind.

 

They called me again today.  I was told that they are going to file judgement against me :smileyhappy:  Because I didn't meet their deadline for paying a reduced settlement fee that was reduced to only double what the actual claimed debt is.   At which point I requested that further communications come only by mail and hung up.

 

However before hanging up they let slip more information.  True or not.  Stated in 2004 payments of 100.00 were made to the account.  As this is after the account was closed, sold, and written off by the OC (Discover)  Would this change the DOFD?  I am going through my records and kicking myself for not being more organized. 

 

Unfortunately in 2003 my bank started imaging cashed checks. and not returning them so I will have to call the bank to verify the payees for checks for the amount of 100.00 but there are less than 10.  And all of them look like standard credit card payments I was making to my MC at the time.  Would still look the same except I have a 0 balance.... Man I'm too predictable.

 

Anywho, I'm still planning on mailing out the letters tomorrow, and I'm documenting EVERYTHING.

 

Here is the count so far....

Monkeying with the debt and inflating it.

Threatening to post derogatory information to my credit report. 

Threatening law suit.

 

Any thoughts again,  Particularly with regards to the CA being able to re-age.  The SOL in my state is 6 years for suit on debts.  So even then chances are it's out of SOL, but just in case.   Don't worry I'll see this through to conclusion and post any gory details for reading pleasure.

 

A


Sorry if I missed it, but what state are you in?  Making subsequent payments that did not bring the account current would be a SOL factor, but only in a small handful of states.  As far as credit reporting, the period would be no longer than 7 and 1/2 years from the date you missed your first payment which directly resulted in the account being charged off or placed for collections. 

 

If, in fact, the debt is outside of the SOL then it is a FDCPA violation to threaten legal action.  They owe you $1,000.  :smileywink:

 

Can you post properly excised data from either a current CR (if the tradeline is still reporting) or previous CRs where the tradeline did report? 

 

This is getting interesting.  Take careful notes and document everything the CA is doing / telling you.  You just might be in line for some extra beer money.  :smileywink:

 

 

IAALBNYL

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