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Response From Unauthorized Inquiry Letter

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JMF18
New Member

Response From Unauthorized Inquiry Letter

I sent an "Unauthorized Inquiry" letter to United Collection Bureau, Inc. In it, the letter says that if they "believe that [they] posses sufficient document that supports [their] authorization to make the inquiry, please forward a copy so that I may verify its validity." 

 

They sent a letter back stating that Chase referred an account in my name designating me as the responsible party so they had permissible purpose. The account was clsoed with them and returned to Chase and is no longer in their office.

 

So, since they did not send me a copy of anything showing the validity what is the next step? Is there one? Just send another letter and highlight the portion requesting validity? Send a response letter and be like "you still didn't give me validy, you stupid [bleep]! There's a phone number, should I call the woman who wrote the letter directly?

 

Thanks

JMF

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1 REPLY 1
RobertEG
Legendary Contributor

Re: Response From Unauthorized Inquiry Letter

There is no requirement under the FCRA or FDCPA that a debt collector must provide a consumer with documentary proof of their authority to make inquiry for a consumer's credit report.

They are required, when making the inquiry, to provide a self-certification statement that they have permissible purpose to the CRA.  The CRA may then provde them the requested credit report, unless they have clear reason to believe the debt collector does not have authority.

 

To challenge their permissible purpose would require showing that, at the time they made the inqury, they did not have legitimate collection authority, either by way of assignment from the OC, or ownership of the debt.  You obvioulsy dont have the records necessary to support such an assertion.

 

The administrative DV and dispute processes under the FDCPA and FCRA are not legal discovery processes

They require them to investigate and respond, not to document or prove.

 

To obtain discovery of business records necessary to support a claim of lack of collection authority would require bringing civil action, and using the court discovery process to compel them to provide information relevant to your suit. 

 

 

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