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
.
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
.
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.
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).
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).
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.