Hard hit from a CA

[RussianPassion]

After I called EOS yesterday to try to negotiate a PFD, I discovered a hard hit from them on my EX report. What gives? My PLUS score dropped 9 points as a result. Can they do that?

[MarineVietVet]

---

@RussianPassion wrote:

After I called EOS yesterday to try to negotiate a PFD, I discovered a hard hit from them on my EX report. What gives? My PLUS score dropped 9 points as a result. Can they do that?

---

You'll get different opinions about whether a CA has a PP (Permissible Purpose) to do a hard pull. It's an ongoing discussion. Some say because a CA has a current business relationship with you (trying to collect a debt) they do have that right.

I don't happen to agree with that view however. The CA could just as easily do a soft pull but they do the hard pull as a harassment tactic IMO.

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

[jasimae]

I agree.  Their intention is to get your attention anyway they can and most, if not all, resort to credit damaging tactics.

[Anonymous]

Be it may that some CA's like to pull a hard INQ from comsumers for the sole purpose of harassment, it is my position that the time to argue on this is in civil court.

The last JDB to pull a hard on EQ and EX removed their INQs from both, but only after I filed suit against them for FDCPA and TCPA related issues.  I attacked their chain of custody and standing to collect the debt and prevailed.  With this, I proved that they lacked PP and amended my complaint to include FCRA violations.

Sometimes, the only way to get bill collectors is to have their heads over the barrel.  I was able to negotiate a deletion of all INQ and the "installment - 1 month" tradeline they placed in all three CRs.  The check they sent to me for $2350 ($2000+$350 federal court filing fee) was just pure gravy on top. 

[RobertEG]

I agree with much of what has been said, and would only add that arguing about hard vs. soft pull will probably get you nowhere.

The terms hard and soft inquiries, or any such terminology, is not mentioned in the FCRA.  The direct dispute process specifically excludes all issues relating to credit inquiries from that dispute process.

As far as the CRAs are concerned, they only review the inquiry to assure that it includes a permissible purpose under FCRA 604.  Section 604(a)(3)(A) states that use of the CR by a person who intends to use the information with regard to collection of an account is a permissible purpose.  FCRA 603(m) additionally states that collecting on an account is not considered as being related to any credit transaction that was not initiated by the consumer, and thus makes any sections of 604 restricting access based on transactions that were not initiated by the consumer moot.

An inquiree need only certify one permissible purpose.  Except for inquiries related to promotional offers, all inquires get your full CR, and that ends the CRA involvement.  Administrative coding of their inquiry in their reporting to the CRA is not regulated.