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Hard inquiry from CA - is this permissible?

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Alpha123
Established Member

Hard inquiry from CA - is this permissible?

Is it acceptable for a CA to make a hard inquiry on my CR? Either way, is there anything I can do to have them removed? I have several COs and CAs on my CR so not my biggest issue by far. 

 

Thoughts?


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Message 1 of 7
6 REPLIES 6
guiness56
Epic Contributor

Re: Hard inquiry from CA - is this permissible?

Yes it is PP if they are trying to collect a debt.  They don't have to be reporting yet.

Message 2 of 7
montana586
Regular Contributor

Re: Hard inquiry from CA - is this permissible?

Once its past SOL and CRTP can they still do this?

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Message 3 of 7
Shogun
Moderator Emeritus

Re: Hard inquiry from CA - is this permissible?

Actually, yes.  There's nothing to prevent them from doing a HP.  

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Message 4 of 7
RobertEG
Legendary Contributor

Re: Hard inquiry from CA - is this permissible?

+1

One of the perils of having unsatisfied, delinquent debt even after CR exclusion of the collection is that the debt collector can continue to pull the consumer's credit report.

The consumer can send the debt collector a cease communication letter under FDCPA 805(c) and bar further communications with the consumer, but that does not extend to credit report inquiries. 

The FCRA does not regulate the coding of inquiries as so-called "hard" or "soft," except for unsolicited promotional offers for credit or insurance, so as long as the debt collector retains active collection authority, they have permissible purpose.

However, if the debt collector is only an assigned agent of an OC, and their collection authority is terminated by the OC, they loose permissible purpose.

 

Message 5 of 7
p-
Valued Contributor

Re: Hard inquiry from CA - is this permissible?


@Shogun wrote:

Actually, yes.  There's nothing to prevent them from doing a HP.  


I think you can keep them from doing it again if you freeze your credit.  Anyone try that?

Message 6 of 7
RobertEG
Legendary Contributor

Re: Hard inquiry from CA - is this permissible?

That might work, however it carries its own baggage.  I makes apps for new credit a bit tougher, as the freeze would have to be removed, reapplied, etc.

 

I would speculate that if they received a cease communication letter, and thus could not use any information derived from your CR as a tool in continued communications, they might give up.

Message 7 of 7
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