Update and Question - RE: NCO Sniffed my TU Report

[Anonymous]

Back in November I posted that I noticed NCO sniffed my report with a hard inquiry on November 7th. I sent them the letter below on November 8th via CMRRR which they signed for on November 12th.

NCO Financial Group
507 Prudential Road
Horsham, PA 19044

November 8, 2007

Re: Unknown Account/Hard Inquiry without Permission

To Whom It May Concern:

In a recent review of my TransUnion credit report dated November 7, 2007, I noticed that you accessed my report on November 7, 2007 utilizing a hard inquiry. I don’t recall applying for credit with your organization. Please provide me with your permissible purpose under the Fair Credit Reporting Act for accessing my credit reports.

Should you be claiming that I owe your organization any money, be aware that I dispute those claims in their entirety, and hereby request full validation of the debt you allege.

I fully expect you to cooperate and remove the hard inquiry from my report immediately as you have now adversely affected my creditworthiness and FICO score.

Also be aware that it is inconvenient for me to receive phone calls concerning this or any other matter. Contact me only via US mail.


Regards,
Me

Today I received a reply from them dated December 12th on NCO Financial Sytems letterhead in Buffalo, NY stating the following:

Creditor: NCO Portfolio Management as successor in interest to WFNNB/Lerner
Gave me an account number and their reference number. Did not supply the dollar amount owed!

The letter went on to state that NCO Portfolio placed the above account in their office for collection in November of 2007 and a copy of my report was obtained in conjuntion therewith. As a result of this permissible purpose, we see no authority to provide for the removal of the inquiry.

Please note that the above account is now closed in our office.

Very Truly Yours,
Compliance Department.

{EDITED by TIMOTHY} I recall having an account with]Lerners back in the late 80's or early 90's. My questions are as follows:

1. Can JDB ding with hard inquires debts that are so far out of the SOL they are growing mold?

2. If NCO sells this to another JDB, can I have the new JDB cease & desist based on the fact that NCO never provided the validation I requested?

Sorry for the length of the post and thanks in advance for any answers you may provide.

Happy Holidays!

Cathy

Hi Watson1225
Sorry to let you know that your recent post, NCO Sniffed my TU Report, has been edited because it violates FICO Forums Guidelines and Terms of Service, which prohibit:

The only 'credit repair' discussions allowed in these Forums are ones that exchange information on how to legally and ethically correct/remove INACCURATE information from your credit report.

Refer to our Guidelines and Terms of Service for more information.

Please feel free to post a revised message – we value your contributions!

Thanks for your help in keeping the FICO Forums a friendly, productive environment for all members.

Message Edited by Timothy on 12-22-2007 09:43 AM

[Anonymous]

good questions, wish i had an answer. i hope you don't mind, but i'm going to use your experience as a learning vehicle as well.

[Anonymous]

ive just had the same problem with nco, but they pulled my reports a total of six times, all hard pulls. i am currently disputing these pulls with the cra. i ve never recieved any notice from nco that they had an account of mine and i have in fact paid  another ca for the account that they are listing on my credit report as being assigned to them. keep us posted as to your results as i am curious what happens with these pulls. i really want these pulls off my credit report because they have no right to collect any money from me or to pull my credit.  

[Anonymous]

A  CA  does not have PP to pull hard copies!!!!!  I would send them an ITS letter......... Also send a letter to the CRA stating that you didn't ask for credit or employment with this company and you did not give them permission to pull your CR.....delete!

   This is from BRAMMY

In short, no.  they do have permissable purposes to review your credit acount.  But 'hard' inquiries are generated at your request for new credit.  If a collection agency codes a pull as a request for new credit, they are violating the law.

Message Edited by HappyDays on 12-22-2007 11:50 AM

Message Edited by HappyDays on 12-22-2007 11:55 AM

[Anonymous]

IF  you are certain that NCO has the account and it is past drop-off and SOL this may do the trick:  Tweak as needed

[Subscriber]

[Address]

[City state ZIP]
[Collector]

[Address]

[City State ZIP]

[Phone number]
[Date] Certified Mail No.: _____________

Re ;  inquiry dated ____: your file # _____
Greetings:
Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.

The Rules Of Civil Procedure of my State of (State ) provide a Statute Of Limitations limiting the time frame for any legal collection activities.

Include the following underlined paragraphs for credit card accounts

Please be advised that under the TILA § 15 a credit card account is legally defined as an "open" account.

The Act is in Title I of the Consumer Credit Protection Act and is implemented by the Federal Reserve Board via Regulation Z (12 C.F.R. Part 226).

The Regulation has effect and force of federal law.

Open-end Credit Transactions:

Open-end credit includes bank and gas company credit cards, stores' revolving charge accounts, and cash- advance checking accounts.

Typical features:

Creditors reasonably expect the consumer to make repeated transactions.

Creditors may impose finance charges on the unpaid balance.

As the consumer pays the outstanding balance, the amount of credit is once again available to the consumer

Under my State of ________Code #__________
the subject account has a _________ year limit for filing any legal action for collection.

Check your State in the individual State listings to see if it is a "cause of action"(date of first default) or "last item"( date of last mutual activity) State. Use the CORRECT "starting" date for your State
The starting date of this statute of limitations being the( date of first default) (date of the last mutual activity), with the ORIGINAL CREDITOR of the subject account.

Records indicate that this date on the subject account #___________ with (creditor name) is __ ___ ____.  OR  Since you have failed to validate this debt within the timeframe prescribed by Section 809 of the Fair Debt Collection Practices Act, you must immediately cease any and all collection activity.  I consider inquiring about my credit status ceollection activity.

This notification is formal notice to you that any filing of such action by you, or your representitives or assigns, is therefore time-barred.Under the FDCPA, any such action, or threat of such action is a violation of the law,and grounds for fines and civil sanctions.

807.  False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2)  The false representation of-

(A)  the character, amount, or legal status of any debt; or

(4)  The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5)  The threat to take any action that cannot legally be taken or that is not intended to be taken.

This notification to you is of applicable legal statutes,codes and laws. Other Federal and State laws may also apply.


Under the laws of my State,(statute # if available) continued collection activities, including reporting,verification or reinsertion of accounts beyond their legal collection date to any consumer credit reporting agency or inquiries on my credit reports - may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

I also reserve the right to forward a copy of this letter,and any other pertinent material to the _____(CA lawyer's State) Bar Association.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, and are barred from selling assigning or transferring any and all data regarding this account to any other party subsidiary or affiliate.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

Best regards,

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