Inquiries and Collections.

Anonymous · ‎12-06-2017

Experian deleted inquiries that I did not do. I have called Equifax and Transunion and explained to them that i know where my credit is and it would be fruitless to try to obtain more credit with mine being in the shape it is, but they wont follow suit. I wrote them and told that the only reason for someone to pull someone credit by law is for Insurance, a court order, employment and a firm offer of credit. Neither of those apply to any of the inquiries listed. I have collection accounts with Portfolio Recovery. I sent a validation letter and they sent me a statement back. Correct me if I am wrong but a statement is not a form of validation right?

Anonymous · ‎12-06-2017

There are other permissible purposes than those. Your creditors and debt collectors holding your accounts can pull your reports at any time without your permission.

Who did the pulls you are disputing?

To answer your last question, inquiries do not have any "validation" requirements. They are considered a point of fact by the CRA's, and if any pulls were not legally permissible, that does not change that fact, and the potential illegality of the pull is between the consumer and the people doing the illegal pull.

gdtobefree · ‎12-07-2017

Unless you have a large amt of inquiries I wouldn't worry about them.

If the inquiries bother you being on your report send a letter to the company that pulled your report and ask them why they did so.

For the validation letter from the CA, does that validate that it is your account?
Did they send you a sign contract or application with your actual signature on it?
A statement does not constitute validation that the account is actually yours. It's probably the only paper that changed hands when they bought the debt.

Anonymous · ‎12-07-2017

@Anonymous wrote:
There are other permissible purposes than those. Your creditors and debt collectors holding your accounts can pull your reports at any time without your permission.

Who did the pulls you are disputing?

To answer your last question, inquiries do not have any "validation" requirements. They are considered a point of fact by the CRA's, and if any pulls were not legally permissible, that does not change that fact, and the potential illegality of the pull is between the consumer and the people doing the illegal pull.

My bad - I misread your last question.

RobertEG · ‎12-07-2017

FCRA 604 sets forth numerous permissible purposes for obtaining your credit report, including any consumer initiated request for credit, a business transaction initiated by the consumer that has an associated legitimate need to review the consumer's credit report, collections, internal account reviews, amongst others.

As for debt validation, FDCPA 809(b) does not provide a detailed definition of what is or is not considered adequate debt validation.

Case law precedent has generally interpreted adequate validation to require an investigation and statement as to verification, but not the presentation of supporting documentation. However, some case law does interpret the need for some documentation. Ultimately, it is up to a judge to interpret the statute on a case by case basis.

Some states have enacted their own debt validation statutes/regulations that do include specific documentation requirments.

It is possible that some documentation may be required if you live in a state with enhanced DV requirements.

Anonymous · ‎12-07-2017

@RobertEG wrote:
FCRA 604 sets forth numerous permissible purposes for obtaining your credit report, including any consumer initiated request for credit, a business transaction initiated by the consumer that has an associated legitimate need to review the consumer's credit report, collections, internal account reviews, amongst others.

As for debt validation, FDCPA 809(b) does not provide a detailed definition of what is or is not considered adequate debt validation.
Case law precedent has generally interpreted adequate validation to require an investigation and statement as to verification, but not the presentation of supporting documentation. However, some case law does interpret the need for some documentation. Ultimately, it is up to a judge to interpret the statute on a case by case basis.

Some states have enacted their own debt validation statutes/regulations that do include specific documentation requirments.
It is possible that some documentation may be required if you live in a state with enhanced DV requirements.

Robert, how can one find out exactly what the DV requirements are for my state?

RobertEG · ‎12-07-2017

States that currently have enhanced debt collection practices statutes or regs include Texas, California, New York, and Mass.

What is your current state of residence?

Anonymous · ‎12-08-2017

I'm in California. I tried researching more info on the enhanced debt practice statues for California but can't find much. Most of the info I read was the basics.

RobertEG · ‎12-09-2017

California implemented an enhanced debt collection practices as, titled the "Fair Debt Buying Practices Act," which can be found under the California Civil Code at Title 1.6c.5, sections 1788.50.

It only applies to debt collectors who have purchased the debt.

Debt buyers must possess some of the following information in order to make a written statement to collect:

An accurate account of the balance of a debt at charge-off, and the nature and reason for any post-charge-off interest and fees. While this part of the Act does not “require a specific itemization” it does require those items be broken out separately. I expect this will curb the questionable practice of inflating balances in collection.
The date the account went into default, or the date of last payment. Knowing this date will help consumers understand how much risk remains that they can still be sued for a debt, and should also assist in helping to better understand any valid post charge-off interest and fees.
The name and address of the charge-off creditor (the original lender), and of any previous purchasers of the account. This will help people to clearly identify whether the debt is their own, which has not always been easy to determine when debt buyers resell debts to other companies.
The debt buyer must have access to a copy of the agreement evidencing a debt. This can include “the most recent monthly statement showing a record of a purchase transaction, last payment, or balance transfer…” Providing consumers this type of documentation is typically something debt collectors and debt buyers are already accustomed to in order to meet their obligations when responding to debt validation requests under existing federal laws (the Fair Debt Collection Practices Act).

Anonymous · ‎12-09-2017

@RobertEG wrote:
California implemented an enhanced debt collection practices as, titled the "Fair Debt Buying Practices Act," which can be found under the California Civil Code at Title 1.6c.5, sections 1788.50.

It only applies to debt collectors who have purchased the debt.

Debt buyers must possess some of the following information in order to make a written statement to collect:
An accurate account of the balance of a debt at charge-off, and the nature and reason for any post-charge-off interest and fees. While this part of the Act does not “require a specific itemization” it does require those items be broken out separately. I expect this will curb the questionable practice of inflating balances in collection.
The date the account went into default, or the date of last payment. Knowing this date will help consumers understand how much risk remains that they can still be sued for a debt, and should also assist in helping to better understand any valid post charge-off interest and fees.
The name and address of the charge-off creditor (the original lender), and of any previous purchasers of the account. This will help people to clearly identify whether the debt is their own, which has not always been easy to determine when debt buyers resell debts to other companies.
The debt buyer must have access to a copy of the agreement evidencing a debt. This can include “the most recent monthly statement showing a record of a purchase transaction, last payment, or balance transfer…” Providing consumers this type of documentation is typically something debt collectors and debt buyers are already accustomed to in order to meet their obligations when responding to debt validation requests under existing federal laws (the Fair Debt Collection Practices Act).

Robert,

When you state "some of the following information," does that mean by providing a copy a statement be sufficient because it would not satisfy the debt buyer must have access to a copy of the agreement evidencing a debt?