NCO Hard Inquiry

[Anonymous]

I just bought my TU report and it looks like NCO did a hard pull of my report on 5/25.  I have no collection accounts on CR from them.  All of my baddies fell off as of 1/1/10, as they were all passed 7 yrs from DOFD.  All I have left on all 3 reports is 1 medical collection (under $200) DOFD 5/06, whiich was last reported on Jan/07 from Alliance One.

I keep getting calls from NCO, but have not recieved a dunning letter from them.  I do not answer the phone and have never spoken to them.  My only accounts , besides the 1 medical collection (Alliance), are all recent ones within the passed year, all with on-time payments.

I'm assuming NCO is trying to collect on a debt from over 7 years ago that is no longer on my CR.  Do they have a right to do a hard pull?

Thanks in advance!

PS.  Some good news though, my TU Fico has bumped up to 689.  Started at 655 in March.  EQ is still 666, Started at 632.

[Anonymous]

In my opinion, if the debt is out of suing SOL and beyond the credit reporting time, no, they do not have permissible purpose to pull your report.  Do a search on here for Non-PP letter and send it to them.

[Anonymous]

Yes, it's out of SOL & credit reporting time.  I'll look up PP letter.

Thanks!

[Anonymous]

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@Anonymous wrote:

I just bought my TU report and it looks like NCO did a hard pull of my report on 5/25.  I have no collection accounts on CR from them.  All of my baddies fell off as of 1/1/10, as they were all passed 7 yrs from DOFD.  All I have left on all 3 reports is 1 medical collection (under $200) DOFD 5/06, whiich was last reported on Jan/07 from Alliance One.

I keep getting calls from NCO, but have not recieved a dunning letter from them.  I do not answer the phone and have never spoken to them.  My only accounts , besides the 1 medical collection (Alliance), are all recent ones within the passed year, all with on-time payments.

I'm assuming NCO is trying to collect on a debt from over 7 years ago that is no longer on my CR.  Do they have a right to do a hard pull?

Thanks in advance!

PS.  Some good news though, my TU Fico has bumped up to 689.  Started at 655 in March.  EQ is still 666, Started at 632.

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I agree with Guiness.

Also, I seem to remember that they must send you a dunning notice within a certain time frame after posting on your CR.  If NCO is one of the scumbag CAs, you could smack them with failure to send the dunning notice and mini-Miranda. 

[RobertEG]

The failure to send you proper dunning notice is clearly a violatiion of FDCPA 809(a). but the FTC is not interested in pursuing FDCPA violations on individual complaints. So that is a sepsrate legal matter you can choose to pursue. A lame  duck battle

Credit report access under FCRA 604 is restricted only to the authority of the requestor to show a legit purpose for the inquiry/  Being a legit debt collector gives them, the right?

FCRA 604(a)(3)(A) gives permissible access for the purpose of pursuing collection on a debt.  No time limits  So I see no problem with a credit pull by the CA, even if beyond  the irrelvant time periods for credit reportig set forth in FCRA 605(a)

Debt lives forever.

[Anonymous]

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@RobertEG wrote:

The failure to send you proper dunning notice is clearly a violatiion of FDCPA 809(a). but the FTC is not interested in pursuing FDCPA violations on individual complaints. So that is a sepsrate legal matter you can choose to pursue. A lame  duck battle

Credit report access under FCRA 604 is restricted only to the authority of the requestor to show a legit purpose for the inquiry/  Being a legit debt collector gives them, the right?

FCRA 604(a)(3)(A) gives permissible access for the purpose of pursuing collection on a debt.  No time limits  So I see no problem with a credit pull by the CA, even if beyond  the irrelvant time periods for credit reportig set forth in FCRA 605(a)

Debt lives forever.

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We've been through this before.

Unpaid debt lives forever, but even the FTC agrees that Congessional intent and the nature of the FCRA lends credibility to the ban on reporting most negative data over 7 years old applying to malicious hard INQs.

[Anonymous]

"We've been through this before.

Unpaid debt lives forever, but even the FTC agrees that Congessional intent and the nature of the FCRA lends credibility to the ban on reporting most negative data over 7 years old applies to malicious hard INQs."

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That's my fear...  that they are now going to do periodic Hard pulls and my Fico score on TU which is now approaching the 700 range from low 500's just a year ago is going to take a hit if they keep doing this.  I feel like it's an extortion tactic.  I've checked all my old paper work and dunning letters and I have nothing from them.  As they are not reporting and probably can't as all the debts I had trouble with were from the early 90's, I have no idea if they even own a valid debt. 

[Anonymous]

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@Anonymous wrote:

"We've been through this before.

Unpaid debt lives forever, but even the FTC agrees that Congessional intent and the nature of the FCRA lends credibility to the ban on reporting most negative data over 7 years old applies to malicious hard INQs."

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That's my fear...  that they are now going to do periodic Hard pulls and my Fico score on TU which is now approaching the 700 range from low 500's just a year ago is going to take a hit if they keep doing this.  I feel like it's an extortion tactic.  I've checked all my old paper work and dunning letters and I have nothing from them.  As they are not reporting and probably can't as all the debts I had trouble with were from the early 90's, I have no idea if they even own a valid debt. 

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It is extortion plain and simple.

You might send them (the CA) an ITS (intent to sue) letter and all but the most malicious of the scumbag CAs wil remove the INQ.  Failing that -- or instead of that -- you can sue them in small claims court for $1k.  Once they are served just sit back and enjoy the show.   

[Anonymous]

I would also check into NCO having any violations in your state.  Start with the AG website and see if they have anything there. 

I know NCO has had many violations in my state and have been fined several times.  Too many and they will lose the ability to collect in this state.

[Anonymous]

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@Anonymous wrote:

I would also check into NCO having any violations in your state.  Start with the AG website and see if they have anything there. 

I know NCO has had many violations in my state and have been fined several times.  Too many and they will lose the ability to collect in this state.

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I don't know much about the differences between CAs, but I have read on the forum that some are not that bad to deal with and others are horrible.  Seems to me that NCO is amongst those considered horrible.  Or am I wrong?