topic Re: Collection Hard Pulled Me in Rebuilding Your Credit

Collection Hard Pulled Me

Anonymous — Sun, 19 May 2013 11:13:08 GMT

Background:

My former employer paid for a couple college classes in full last year. Fast forward to this year and I am no longer employed by them. They require I pay back the amount in full ($1802.xx) ASAP. I call their offices and ask if I can make a couple payments to settle the debt. They say no, but "we'll send it to the collection agency- they can arrange payments." I ask if it will affect my credit report and am told they worked it out so that the agency just attempts to collect without affe ring former employees credit. Looking back, I should have placed it on my Cap1, but I didn't have the cash to pay it off.

Yesterday:
Credit Karma emails me concerning a new hard pull. I check and sure enough ACI Collections hard pulled my credit report. That's all the damage so far. Can they do that? They haven't even called me yet. I was hoping to speak to them before something would happen like this .

Re: Collection Hard Pulled Me

Burned2manybridgesB4 — Sun, 19 May 2013 11:15:59 GMT

Send them a DV, just to follow protocol. They'll have to stop collection efforts, until they reply. You have a 30 day window from their initial communication.

They can pull your CR's, as it's deemed AR/PP... Account review/permissible pull.

How often they can do that to you is a grey area, and if they're lowlives, they'll do it often.

Re: Collection Hard Pulled Me

Burned2manybridgesB4 — Sun, 19 May 2013 11:23:17 GMT

You may also want to review the former employer policy/contract towards employee education, and see if there's any type of "escape" clause, as you're no longer their employee (factor here is if it was by your choice, or theirs).

Re: Collection Hard Pulled Me

Anonymous — Sun, 19 May 2013 11:25:21 GMT

I just looked up DV and that process. Is snail mail recommended or a call would do? I haven't received anything from ACI

Re: Collection Hard Pulled Me

Burned2manybridgesB4 — Sun, 19 May 2013 11:29:23 GMT

I wouldn't recommend any type of phone activity. The good ones have a way to manipulate the conversation (which is recorded). Snail mail certified return (CMRRR).

Re: Collection Hard Pulled Me

Anonymous — Sun, 19 May 2013 11:43:01 GMT

Hey thanks. Any other Q I have i'll drop it here.

Re: Collection Hard Pulled Me

Anonymous — Sun, 19 May 2013 16:23:49 GMT

It has to be a written DV, per FDCPA 809.

Re: Collection Hard Pulled Me

Anonymous — Mon, 20 May 2013 10:50:41 GMT

What will the DV do? Does it stop them from HPing me?

Do you think I can call the agency and PFD? I'd like the HP removed from my report

Re: Collection Hard Pulled Me

Burned2manybridgesB4 — Mon, 20 May 2013 13:44:46 GMT

The purpose of the DV is to invoke your legal rights under the FDCPA, which makes the CA provide information that they're collecting a valid debt, that they in fact are legally entitled to (purchase/contract hit)

They don't need to reply to your DV, but under legal guidelines, they can't continue collection activity until they reply. Expect a single sheet printout at best.

Once they reply, you have their full attention, then do a PFD offer (in writing/phone if you're gutsy--after mailing DV/getting reply), but never admit to owning this debt, unless your intention is to pay.

I'm sure Guiness will know, but I do believe they have the right to continue pulling, as they "own" it.

Re: Collection Hard Pulled Me

Anonymous — Mon, 20 May 2013 15:07:13 GMT

A DV sets in place a cease collection bar, so no they cannot do any more pulls on your CR until they validate.

Re: Collection Hard Pulled Me

Anonymous — Tue, 21 May 2013 12:58:21 GMT

Friends, CMRRR has been sent to the CA (ACI). I want to call my former employer and tell them what's happened. They told me it wouldn't affect my credit report. No escape clause since- I was terminated. I'm not sure what my next steps should be. So far I only see the HP on my report. I want that off. Any thoughts?

Re: Collection Hard Pulled Me

RobertEG — Tue, 21 May 2013 18:55:45 GMT

The debt collector had permissible purpose under FCRA 604 to obtain a credit report, provided they had legitimate collection authority, which appears to be the case.

No real basis for getting it removed.

A DV will be timely, and thus invoke a temp cease collection bar since they have never provided dunning notice.

However, the cease collection bar is a bit fragile, as they can send verification at any time, and resume collection activities.

At that point, they can report their collection.

The primary issue, in my opinion, is whether you wish to continue to challenge the debt itself, or to avoid further damage.

If pursuit of the legitimacy of the debt is the path, then a DV is the first step.

Reporting of a collection is likely, as verification seems pro-forma on their part, with the OC clearly affirming the legitimacy of the debt.

As such, a pending DV may in fact act to your disadvantage in avoiding credit reporting, as you cannot negotiate any terms, such as not reporting, with the debt collector until they have provided the requested verification. It puts the ball entirely in their court, as you are in a state of limbo until they choose to verify.