Re: Kroll Factual Data, The Carroll Mortgag, unauthoriz
[ Edited ]
ed credit pull
10-13-2012 02:47 PM - edited 10-15-2012 12:25 PM
Who they are, who the creditor is, and the amount of the asserted debt, are required notifications to a consumer by way of dunning notice once they have initiated communication with the consumer. Have they taken any active collection on the debt, other than just a pull of your CR? What reporting of theirs is scheduled to "fall off in January, 2013?" The inquiry?
Acts that clearly trigger requirement for dunning notice within 5 days include calls or letters to you, or reporting of their collection to a CRA.
However, I am unaware of any case law that interprets pulling your CR as an act triggering requirement for dunning notice. Inquires are not reporting of their information to a consumer's file, but simply a request to see reporting made by others.
You certainly have the right to send a DV once aware of any debt collector, but they have the right not to respond providing they choose not to conduct any further collection activites.
I dont know how to "push the issue" other than to assert that they lacked permissible purpose for their inquiry. If they have actual collection authority, either as the creditor or their assigned collection agent, they have permissible purpose.