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Debt collector submitted hard inquiry - what can I do?

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Regular Contributor

Debt collector submitted hard inquiry - what can I do?

Back story - my soon to be ex husband and I had an auto loan. He took off with the car and left the state, and they are still coming after me for the money. All of this is supposed to be resolved in the divorce, but in the meantime I have this C/O auto loan on my report.

 

Fast forward to this afternoon when I get a credit monitoring alert about a new inquiry on my reports. I log in and see that the finance company did a hard pull.

 

Is this allowed?! I certainly didn't apply for any new credit with them. I tried to call and speak with them about it, but they only continued to tell me I owe them money and said that they will do what they can to get their money.

 

Anyway, any advice?? Besides just pay it, because I can't at this time, and I haven't even seen this vehicle in over a year!!

Mortgage Scores:
11/26/2018 EQ: 542 EX: 610 TU: 548
8/30/2018 EQ: 571 EX: 504 TU: 533
7/30/2018: EQ: 598 EX: 591 TU: 608
4/5/2018 EQ: 543 EX: 522 TU: 467
Message 1 of 5
4 REPLIES 4
Community Leader
Legendary Contributor

Re: Debt collector submitted hard inquiry - what can I do?

Based on the body of the post, it was apparently the creditor, and not a debt collector, who did the inquiry.

Assuming it was the original creditor, they have permissible purpose under FCRA 604 for the inquiry.

However, CRA policy is that inquiries for internal account review by the original creditor are coded as soft.

 

The creditor apparently used the wrong inquiry code.

I would suggest contacting them and get it recoded as soft.

Message 2 of 5
Valued Contributor

Re: Debt collector submitted hard inquiry - what can I do?

Robert, would a debt collector have the right to do a hard pull on their own, without contacting the person they’re pulling and with no permission granted?


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Entering the garden 5/27/2019, staying until 2020




Message 3 of 5
Community Leader
Legendary Contributor

Re: Debt collector submitted hard inquiry - what can I do?

The FCRA is structured to provide permission for certain parties to make credit inquiries without first obtaining permission from the consumer.

To that end, section 604 lists specific "permissible purposes" which, if that circumstance is present, the party can request and obtain a credit report without any express authorization of the consumer.

 

One of the permissible purposes provided under the FCRA is section 604(a)(3)(A), which permits obtaining a credit report for purposes of collection of a debt of the consumer.

A collection inquiry can be coded as hard or soft, at the discretion of the inquiree.

Message 4 of 5
Valued Contributor

Re: Debt collector submitted hard inquiry - what can I do?

Good to know, thank you!


Rose Gold | BCP | Delta Gold | Hilton Surpass | Hilton Honors | IT Cash | IT Chrome | Quicksilver | Target | VS | Home Depot | Lowes | Firestone | Wayfair | Kohl’s

5/24, 1/24, 76445/24, who cares #HappyWithAmex





Entering the garden 5/27/2019, staying until 2020




Message 5 of 5
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