FCRA violation?

[Pigeyex]

Is it a violation of the FCRA if an original creditor has their collection agency send me a dunning letter six months AFTER I've zero'd out my account with the the OC?

I settled with TCM Bank last November, and have a letter from them confirming the $0.00 balance.  Since then, they have done a hard-pull on my credit (which I complained about, and they changed it to a soft pull and said they never should have done it) and now I got a collection letter yesterday from their collection agency!

The thing is, in the five years that I owed this money, I never even got any collection calls from them after the first six months or so.  No notice (that I can remember) from a CA, either, and no CA has ever shown up on my credit reports -- just the OC tradlines.  So last Fall, I proactively call THEM to try to work out this debt, and all I've had since are problems with them.  They did give me a settlement amount (this was a very small, $455 debt), but refused to do a PFD or even a GW deletion after I settled, despite my asking several times.  I even asked again after the HP screw-up, but again they refused.

I'd like to prove that what they just did is a violation of the FCRA and tell them if they don't pay me the violation $$$ amount, and remove my TL from all three bureaus I'm just going to SUE them, but I want to make sure I have credible grounds for such a threat.

thanks,

Pigeye

[Shogun]

So did the dunning notice have an amount?  Are they trying to collect on a $0 debt or does it show a balance?  I'd DV the CA and then fire off a letter to the OC that with the HP of your credit and now a CA dunning notice on a paid/settled account that you are being harassed by them.  Then I'd request deletion of this TL due to the hardships they are causing you.  Might work.

[Pigeyex]

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@Shogun wrote:

So did the dunning notice have an amount?  Are they trying to collect on a $0 debt or does it show a balance?  I'd DV the CA and then fire off a letter to the OC that with the HP of your credit and now a CA dunning notice on a paid/settled account that you are being harassed by them.  Then I'd request deletion of this TL due to the hardships they are causing you.  Might work.

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Yes, it shows the full $455.55 amount (we settled for $291.55, and I got a letter showing the resulting $0.00 balance after paying the $291.55).

When I asked the CA representative on the phone last night "when was this debt assigned to you?" they said March 1st, 2010.

WTH???

[Pigeyex]

You know it just occurred to me that this debt is past the SOL for my state (Florida) now.  So not only are they attempting to collect a SETTLED debt, they are also attempting to do it after the SOL has expired!

[Shogun]

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@Pigeyex wrote:

You know it just occurred to me that this debt is past the SOL for my state (Florida) now.  So not only are they attempting to collect a SETTLED debt, they are also attempting to do it after the SOL has expired!

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That wouldn't be a problem, trying to collect it.  With the expiration of the SOL, just means that you would use that defense against a judgement.  But there is nothing in Florida that would negate them trying to collect.

[Pigeyex]

Thanks, Shogun.  I had thought they can't call or send things in the mail to attempt to collect the debt once the SOL had expired (but the item could remain on my credit report for up to 7 years).

In any event, I just sent the following letter to the bank's VP of Lending, with whom I've been dealilng  on this matter:

Mr. ________ ,

Yesterday, I received in the mail the attached DUNNING LETTER from the collection agency Tate & Kirlin Associates, for the debt that I settled with you on December 4th of last year.

After proactively reaching out to your Bank last Fall to settle this old debt, I've had my account re-aged, an illegal hard pull on my credit after my account was settled in full and no legal permissable purpose (and which nearly cost me my home mortgage refinancing), and now I am being harrassed by your collection agency.  All for a debt that I TRIED to "do the right thing" on (the statute of limitations on this expired in December 2013, so legally you didn't even have any recourse against me had I not reached out to you to pay the debt).

I can only consider this HARRASSMENT at this point, and am making this final request that you delete my account from all three credit bureaus within 30 days, due to the hardship that this has caused me.  If not, I will have no recourse than to hire a consumer attorney to initiate an action against TCM Bank for the two FCRA violations noted above.

[Pigeyex]

Took them all of TWELVE MINUTES to respond to my email!

Mr.______ ,

We will take the steps necessary to delete this trade line from your credit bureau account.

John Q. Public

SVP & Chief Lending Officer, TCM Bank, N.A.

[Shogun]

[JPeanut503]

NICE! Way to go! Congrats.