Midland Keeps Softing Me

[Anonymous]

Minland has an old CC collection an i notice they soft my CR every other one time they did a hard. I really wish i had the money right now to pay them off. The collection is not showing on my CR.

[fused]

How old is the collection (DOFD) and are you past SOL?

[Anonymous]

---

@fused wrote:

How old is the collection (DOFD) and are you past SOL?

---

Not sure what that mean the account was with Aspire Visa an it's about 10 years old

[fused]

To determine your SOL (statute of limitations), which state do you live in? Was this collection on your reports at one time?

[Anonymous]

---

@fused wrote:

To determine your SOL (statute of limitations), which state do you live in? Was this collection on your reports at one time?

---

I live in Illinois. It was on my CR before i had it removed cause i thought i filed it in my BK but come to find out it wasn't included in my BK

[fused]

It would appear you're past SOL in Illinois. Take a look at the link below. Keep in mind that CCs are usually considered "open accounts", but some creditors have won suits when they've argued CCs are "written contracts". If you are certain you're past SOL, I would do the following: write a non-permissible purpose letter for the inqs and a cease &desist letter. Send both CMRR. I did this last year when portfolio recovery hard me on my TU report. They removed the inq immediately and I haven't heard a word from them, no calls no letters. Even if you're past SOL, Midland could still try and sue you, just make sure you show up to court if they do and use past SOL for your defense. The other option would be to do nothing. A hard iqn doesn't tank scores.

SOL By Contract And State

[Anonymous]

---

@fused wrote:

It would appear you're past SOL in Illinois. Take a look at the link below. Keep in mind that CCs are usually considered "open accounts", but some creditors have won suits when they've argued CCs are "written contracts". If you are certain you're past SOL, I would do the following: write a non-permissible purpose letter for the inqs and a cease &desist letter. Send both CMRR. I did this last year when portfolio recovery hard me on my TU report. They removed the inq immediately and I haven't heard a word from them, no calls no letters. Even if you're past SOL, Midland could still try and sue you, just make sure you show up to court if they do and use past SOL for your defense. The other option would be to do nothing. A hard iqn doesn't tank scores.

SOL By Contract And State

---

Well i received a hard inquiry from them last year an for some reason it was removed with a bunch of other inquiries earlier this year from TU credit report don't ask how or why. I did receive CR from TU a month ago an i still notice there softing my TU an EX credit report. If i had the collection account removed in the past can they still put it back on my CR? 

[LIGHTNIN]

Collections can not be reported on your CR, if past the CRTP which is  up to 7 1/2 years from the DOFD.

[RobertEG]

You have a touchy, and controversial situation.

I will offer you my personal opinion, and I am sure you will get contradictory opinions from others.

First of all, there is no such thing under the FCRA as a "soft" or "hard" credit pull.  Only whether it is an authorized inquiry under FCRA 604(a), and then, if a promotional inquiry that does not involve a credit transaction initiated by you or made to review the status of an account or collection on an account, the CRA can provide only your name and address.  FCRA 604(c)(2).  That is as far as the FCRA goes.  How the inquiree then codes the inquiry is not regulated by the FCRA.

FCRA 604(a)(3)(A) specifically authorizes a person to make inquiry of your CR if the information is intended to be used for the extension of credit, or review or collection of an account of the consumer. It does not require that the account be currently posted in your CR.

I dont think their inquiries are impermissable pulls under FCRA 604(a).  The debt is still there, they are a legal debt collector, and thus have the right to montior your CR until the debt is satisfied.

[Anonymous]

---

@RobertEG wrote:

The debt is still there, they are a legal debt collector, and thus have the right to montior your CR until the debt is satisfied.

---

I talked to someone from TU an they basically told me the same thing.