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

Hi 06,

 

I'm in CT,  Yep a nutmegger.  There is nothing currently on my credit reports for Discover.  I currently have no collections reporting at all, so that is easy.  I spoke with Discover.  They confirmed that they charged off the account and sold it to the CA Midland (MCM) in 1998.  I'm not sure when ARA got their mitts on it.  Anyway, I've been pulling up my bank statements and checks from 2004.  I can not find ANY payments to any CAs or Discover during this time period that they are stating I was paying them.  I think they are making up stories to make me think that they are within SOL. 

 

I've checked the listing for liscenced CAs in CT as well and neither they or their parent company are listed.  Not sure if this is relevant or not.

 

A


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Re: Collection Company Posted Hard Inquiry on my Credit report


bicknar wrote:

Hi 06,

 

I'm in CT,  Yep a nutmegger.  There is nothing currently on my credit reports for Discover.  I currently have no collections reporting at all, so that is easy.  I spoke with Discover.  They confirmed that they charged off the account and sold it to the CA Midland (MCM) in 1998.  I'm not sure when ARA got their mitts on it.  Anyway, I've been pulling up my bank statements and checks from 2004.  I can not find ANY payments to any CAs or Discover during this time period that they are stating I was paying them.  I think they are making up stories to make me think that they are within SOL. 

 

I've checked the listing for liscenced CAs in CT as well and neither they or their parent company are listed.  Not sure if this is relevant or not.

 

A


I am not sure if licensure is relevant in CT.

 

CT's SOL is, as you correctly pointed out, 6 years from date of default.  Unfortunately, though, there are court cases which have held that repayments may reset the SOL.  To discover if these court cases would set a precedence wouldapply to your situation would require some digging.  I'd consult a local lawyer.

 

I also think the CA is bs-ing you, but check your banking records just to be sure.

 

Once you are sure you did not make any payments, you might consider sending them a Cease & Desist so they cannot contact you further.  Since they cannot sue you and cannot report anything to your credit reports, a DV makes no sense to me.  Besides, I am wondering when exactly their first communication to you was since you mentioned they sent you a letter.  After you send them the C & D, sit back and wait for them to screw up again.  Do not talk to them at all -- just document (record, if possible) their attempts to call you.

 

As of now I see two sources of revenue:

 

1.  The hard pull; and

2.  The threat to sue you.

 

$2,000 buys a lotta beer.  :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

I'll have to do some digging.  I have some lawyer friends, I may just hit them up for advice.  They worked in the insurance industry so I'm sure they are familiar with SOL on debts and related issues.  Anyway,  Early april I received their first letter.  I scratched my head as I did not recall having any outstanding debts.  Checked on the company and found lots of information about how they buy up old debts and attempt to collect using scare tactics.  Lots of lawsuits and class actions and stuff, so I chalked it up to bad info in the system.  Filed the letters just in case this came up.  Glad I did. 

 

Anywho.  Bank records checked as far as I can without paying for copies of cashed checks.  No record of any payments to them or any possible related accounts.  i.e.  other CA's who may have owned this previously. 

 

Now reviewing all written communication, their claim for what is owed is as follows.... along with their statements

 

April - Balance 1759.40 Original Creditor and account number.  Stated there was an agreement to pay $50.00 a month.  I never spoke or heard from them prior to make such an agreement

 

May - Balance 1776.56 Same info as above.  These all include, attempt to collect a debt.  No statements of rights or dunning information.

 

June - Balance 1790.21 otherwise same as above.

 

July - Balance 1803.50 otherwise same as above.

 

August - This is when I received phone call.  Requested debt validation and correspondence in writing.   Received 2 e-mails as follows.

Email 1 - Balance 3901.88  If 2770.11 is paid by the 17th they will not report any derogatories to the CRAs.  Settled in full, statisfied and all that language.

Email 2 - copy of e-mail 1 and Affidavit that they own the debt and their records show that the principle Balance of 1745.32 is owned with my name and that the account was sold, assigned, transferred and set over to them. 

 

 

I love how they end with the lower balance.  hehehe. 

 

Since I didn't pay them by the 17th....  The next phone call started with the We will bring suit bit.

 

So Tomorrow, Cease and Desist, and a non PP to the other DBA.

 

I'm thinking that the inflation of the amount and request for double what their own affidavit for settlement amounts to harassing techniques, bringing us up to 3Grand?  I'm gonna have to switch to expensive beer.

 

A

 

 

 

 

 

 

 


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Re: Collection Company Posted Hard Inquiry on my Credit report


bicknar wrote:

I'll have to do some digging.  I have some lawyer friends, I may just hit them up for advice.  They worked in the insurance industry so I'm sure they are familiar with SOL on debts and related issues.  Anyway,  Early april I received their first letter.  I scratched my head as I did not recall having any outstanding debts.  Checked on the company and found lots of information about how they buy up old debts and attempt to collect using scare tactics.  Lots of lawsuits and class actions and stuff, so I chalked it up to bad info in the system.  Filed the letters just in case this came up.  Glad I did. 

 

Anywho.  Bank records checked as far as I can without paying for copies of cashed checks.  No record of any payments to them or any possible related accounts.  i.e.  other CA's who may have owned this previously. 

 

Now reviewing all written communication, their claim for what is owed is as follows.... along with their statements

 

April - Balance 1759.40 Original Creditor and account number.  Stated there was an agreement to pay $50.00 a month.  I never spoke or heard from them prior to make such an agreement

 

May - Balance 1776.56 Same info as above.  These all include, attempt to collect a debt.  No statements of rights or dunning information.

 

June - Balance 1790.21 otherwise same as above.

 

July - Balance 1803.50 otherwise same as above.

 

August - This is when I received phone call.  Requested debt validation and correspondence in writing.   Received 2 e-mails as follows.

Email 1 - Balance 3901.88  If 2770.11 is paid by the 17th they will not report any derogatories to the CRAs.  Settled in full, statisfied and all that language.

Email 2 - copy of e-mail 1 and Affidavit that they own the debt and their records show that the principle Balance of 1745.32 is owned with my name and that the account was sold, assigned, transferred and set over to them. 

 

 

I love how they end with the lower balance.  hehehe. 

 

Since I didn't pay them by the 17th....  The next phone call started with the We will bring suit bit.

 

So Tomorrow, Cease and Desist, and a non PP to the other DBA.

 

I'm thinking that the inflation of the amount and request for double what their own affidavit for settlement amounts to harassing techniques, bringing us up to 3Grand?  I'm gonna have to switch to expensive beer.

 


I'd sue them.  File in small claims court and watch how fast they find religion after they are served.  :smileywink:

My guess is they are lying through their teeth about settlement agreement you supposedly entered into and payment you supposedly made. 

 

Nail the b'tards to a cross.  Send a bottle of cheap wine to my FPO.  :smileyhappy:

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

Found CT's view on licensing...

 

"No person shall act within this state as a consumer collection agency without a consumer collection agency license issued by the Department of Banking.  A consumer collection agency is acting within this state if it (1) has its place of business located within this state; (2) has its place of business located outside this state and collects from consumer debtors or property tax debtors who reside within this state for creditors who are located within this state; (3) has its place of business located outside this state and regularly collects from consumer debtors or property tax debtors who reside within this state for creditors who are located outside this state"

 

 

So any good C&D letter tempate suggestions?

 

A


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bicknar
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Re: Collection Company Posted Hard Inquiry on my Credit report

Just e-mailed my lawer buddy to see how up on debt collection laws here goes, and if not I'm sure the ball will roll.  In the meantime I'll fire off the cease and desist et. al. and keep track of any further violations.  Just a cheap bottle?  I'll send you a 16YO bottle of scotch if this goes well.


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RobertEG
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Re: Collection Company Posted Hard Inquiry on my Credit report

This all appears, from reading all of the lenghty posts on this issue, to have become a toothless threat on the part of the CA.

The account is apparently over ten years of age since its closure.

Thus, it seems very  easy to establish, legally, that the DOFD was more than 7 1/2 years ago, and thus the CRA is barred under FCRA 605(a)(4) from any inclusion of any derog reported by the CA in any CR that the CRA issues.  It also seems easy to prove, if they exercise their threat of legal action, to just go to court and show expiration of the SOL.  Bingo, they lose in court!

 

Elimination of any further communication with you is easily done simply by sending them a cease communication notice, citing FDCPA 805(c).

 

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

Robert,

 

Thank you very much for your tenacity in reading the entire thread, I admit that there is a lot that has happened in the last few days.  That is in fact my next course of action based upon all you fine folks (and congrats on the star Guiness). 

 

Also I'm still gonna try to get that hard pull removed, cause that's just mean.

 

A


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Re: Collection Company Posted Hard Inquiry on my Credit report


bicknar wrote:

Just e-mailed my lawer buddy to see how up on debt collection laws here goes, and if not I'm sure the ball will roll.  In the meantime I'll fire off the cease and desist et. al. and keep track of any further violations.  Just a cheap bottle?  I'll send you a 16YO bottle of scotch if this goes well.


FDCPA states they may not threaten with any action they are not legally able to take or have no intent of taking.  $1,000

 

Hard pull.  $1,000

 

The cheap bottle will do.  It's for a colleague who likes AppleDapple. 

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

Update Time:

 

 

In this order...

 

Sent C&D to ARA

Received next monthly installment bill

Received Signed receipt on C&D Order

Waiting to see.

 

Sent Non PP to FCS (The part of the company that did the hard pull)

Just received today letter back, multiple attempts, unable to deliver to the address listed on the CR Hard Pull.

 

Wish there was a way to dispute the pull with the CRA, so that when they use the address to verify it comes back.  That would be too easy though.  Thoughts anyone?

 

Thanks,

 

A


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