@Anonymous wrote:
I have 5 inquires split up among Experian and Transunion, however these are not for credit applications but by collection agencies. Can I dispute them (especially for CAs that were disputed and removed from my reports) and if not are they hurting me. Summary below:
ASSET ACCEPTANCE LLC
Date of Request: 08/24/2007
Comments:
Permissible purpose. This inquiry is scheduled to continue on record until Sep 2009.
COHEN & SLAMOWITZ LLP
Date of Request: 07/26/2006
Comments:
Collection purpose. This inquiry is scheduled to continue on record until Aug 2008.
OCWEN LOAN SERVICING
Requested On: 05/08/2007
NCO FINANCIAL SYSTEMS
Requested On: 05/06/2007
* NCO DISPUTED AND REMOVED FROM CRAS
NCO FINANCIAL SYSTEMS
Inquiry Type: 05/05/2007
* NCO DISPUTED AND REMOVED FROM CRAS
The one's from 2007 are definitely hurting you. They stop hurting after the one year mark. IMO, CAs do NOT have PP to pull your credit report. Write a PP letter to the CAs requesting them to remove inqs.
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@Anonymous wrote:
@Junejer wrote:
The one's from 2007 are definitely hurting you. They stop hurting after the one year mark. IMO, CAs do NOT have PP to pull your credit report. Write a PP letter to the CAs requesting them to remove inqs.I have to disagree.
How do you reconcile your opinion with FCRA 604(a)(3)(A)?604 (a) ...any consumer reporting agency may furnish a consumer report under the following circumstances and no other:(3) To a person which it has reason to believe(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer... [emphasis added]There was a recent case in the 9th Circuit where the court held a CA did not have PP in a case where the account is not related to a credit transaction initiated by the consumer. The case in question involved the attempted collection of unpaid towing fees.If it's related to a credit transaction, though, the FCRA is pretty straightforward.
New Ninth Circuit Decision Impacts Collectors’ Ability to Obtain Consumer Reports Published: October 01, 2007
"...However, a recent Ninth Circuit decision has thrown into doubt whether a debt collector has a permissible purpose to obtain a consumer report for the purpose of collecting a consumer's account. In Pintos v. Pacific Creditors Association, Nos. 04-17485, 04-17558, 2007 WL 2743502 (9th Cir. Sept. 21, 2007), the Ninth Circuit concluded that debt collection is not a permissible purpose for pulling a credit report unless the debt arose from a credit transaction.
The court held that debt collection, by itself, is not a permissible purpose to obtain a consumer report. Rather, debt collectors are authorized to obtain a consumer report for consumers only for the collection of a debt in connection with a voluntary credit transaction..."
Found on http://www.acainternational.org/?cid=11183
This is exactly the case. Also, if CA doesn't own the debt, don't go pulling my CR. IMO, that's operating illegally.
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ByrdMan wrote:
New Ninth Circuit Decision Impacts Collectors’ Ability to Obtain Consumer Reports Published: October 01, 2007
"...However, a recent Ninth Circuit decision has thrown into doubt whether a debt collector has a permissible purpose to obtain a consumer report for the purpose of collecting a consumer's account. In Pintos v. Pacific Creditors Association, Nos. 04-17485, 04-17558, 2007 WL 2743502 (9th Cir. Sept. 21, 2007), the Ninth Circuit concluded that debt collection is not a permissible purpose for pulling a credit report unless the debt arose from a credit transaction.
The court held that debt collection, by itself, is not a permissible purpose to obtain a consumer report. Rather, debt collectors are authorized to obtain a consumer report for consumers only for the collection of a debt in connection with a voluntary credit transaction..."
Found on http://www.acainternational.org/?cid=11183
This is exactly the case. Also, if CA doesn't own the debt, don't go pulling my CR. IMO, that's operating illegally.
Yes, that is the case.
From your own post:
"...debt collectors are authorized to obtain a consumer report for consumers only for the collection of a debt in connection with a voluntary credit transaction..." This is what I said in my post above.
That is not the same as "no debt collector is authorized to obtain a consumer report," which seems to be your position.
BTW, just friendly disagreement here. Nothing personal. 
Message Edited by cheddar on 02-06-2008 02:53 PM
@Anonymous wrote:Just wanted to add, regarding the above:Assuming for a moment that a CA does not have PP, the place to dispute the INQ is with the CRA, not with the CA directly. If you dispute with the CRA and the CA verifies the INQ, you have followed the proper dispute procedure, and have built a paper trail for possible further action later on.
Disputing an inq with the CRAs is a complete joke. They totally ignore the request and 9 times out of 10 comes back as verified. I don't have the time to waste, screwing with the CRAs. I would rather go directly to the source who pulled my CR w/o PP and request/demand that they remove it.
PP Letter
Your Name
Your Address
Your City, State zip
Non PP Name
Non PP Address
Non PP City, State zip
Date
Dear sir/madam:
Your company placed an unauthorized inquiry on my credit report on (date).
Either provide me strict proof I authorized you to inquire such as a signed contract or recorded telephone call or DELETE the item immediately.
Under 15 USC section 623, you have 30 days to do a reasonable inquiry into this matter.
If you ignore this letter and do not delete the inquiry or don’t provide STRICT proof of authorization, I will have no other choice but to have my local Congressman promptly forward a formal complaint to the Federal Trade Commission and Attorney General for further scrutiny of this matter.
Your cooperation in advance is appreciated.
Sincerely,
Your typed name
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@Anonymous wrote:
That is not the same as "no debt collector is authorized to obtain a consumer report," which seems to be your position.BTW, just friendly disagreement here. Nothing personal.
Message Edited by cheddar on 02-06-2008 02:53 PM
That still is my position, unless the CA OWNS the debt. This they will have to prove to me by way of answering my DV properly. If they don't, then they will need to remove the inq.
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@Anonymous wrote:Fair enough. And when the CA refuses to delete, and you eventually get around to suing them, and the judge asks if you disputed with the CRA, what will you say?
@Junejer wrote:
Disputing an inq with the CRAs is a complete joke. They totally ignore the request and 9 times out of 10 comes back as verified. I don't have the time to waste, screwing with the CRAs. I would rather go directly to the source who pulled my CR w/o PP and request/demand that they remove it."I didn't feel like screwing around with the procedure federal law requires of me, Your Honor."My point is that if you are serious about these perceived violations, you will want to build a paper trail showing you did everything you were supposed to do, in accordance with the FCRA.
My experience with helping my aunt out with three or four inqs from CAs was to write the Non PP letter and had them removed. Had already tried to get them removed via the dispute process. Basically was told to shove it. Went to the source who non pp inq'd her and got them removed. Sometimes, when time is of the essence, the path of least resistance is the way to go.
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