I looked at my credit report, and saw that recently I had an unknown collection agency do a soft pull (viewable by me) of my CR. I then see an entry for the following day, that was a hard pull (viewable by all). I have never heard of or from them, nor have I ever recieved any communications from them.
I had the same thing show up from another CA, that I did hear from, but never responded to my DV letter. The hard pulls obviously affect your report in a negative way, as anyone who pulls it and recognizes these CAs will have negative thoughts. Is this legal, and if not how would you do anything about it, since the CRA cannot delete it legally.
We all know that these credit reports are used to beat consumers into doint things they might not have done otherwise. It doesn't seem any different when you have two negative entries for the same debt after OCs sell the debt to JDB.
Any thoughts are going to be interesting to hear.
Debt Samaritan
Posts: 1831
Credits: 27751.2 Send message to Anna Sweeting
It is true that the hard pull will affect your credit report in a negative way. It may even lower your scores. It will be better if you could contact the credit bureaus and dispute the hard pull and remove them from your credit report. It will be the discretion of the credit bureaus whether or not they will remove it from your credit report.
Debt Samaritan
Posts: 16655
Credits: 297127.96451349 Send message to SOAPLADY
A collection agency has permissible purpose for a hard pull. Complaining to the credit bureau will not help.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
Posts: 28
Credits: 965.6 Send message to stick101010
I agree that a collection agency has a permissible reason to pull it. This one didn't put collections though, just permissable reason. The problem I have is that they never sent any communications on any debt. I have never talked to them either. It looks like they just pulled it and went away.
What is to keep someone like LNVN from using each one of their alias to pull a hard copy after they never respond to a DV letter?
Since they never contacted me, I don't even know who they would be trying to collect for. I have sent out DV letters to everyone who has sent me a collection notice (most have not replied and I am in Texas), so this would obviously be an FDCPA violation along with Texas violations, but I don't know who they were working for.
This form of credit damage could go on forever without ever getting a collection notice.
I enjoy learning as i am going through these things, so i can try to help others. Please keep on giving me your thoughts.
Posts: 138
Credits: 3628.3 Send message to marvelbecks
Hi stick,
As the first collections agency didn???t even try to contact you or go forward with the collections, you can try to dispute the hard pull with the credit bureaus.
As for the second one, as you have already send the debt validation letter, you can start disputing this too as the collection agency have not yet validated the debt. You will need the proof of the DV letter sent to the collection agency. If you don???t have any proof, then send another DV letter through CMRRR.
Hope this helps.
Debt Samaritan
Posts: 234
Credits: 2716.75 Send message to Lian
I agree that a debt collector has permissible pull authority under section 604 of the FCRA, but that authority is limited while the debt collector is under the request for debt validation under FDCPA 809(b).
FDCPA 809(b) prevents the debt collector from collection on the debt until they provide debt validation. I dont believe that any reasonable interpretation of a pull of a consumer's credit report would hold that it is not conducted in association with their collection of the debt.
Thus, it is a prohibited collection activity while the 809(b) bar is in effect.
Posts: 28
Credits: 965.6 Send message to stick101010
I completely agree with you LIAN. We all know the JCB and CAs use the credit report as a stick to collect. If you send a proper DV, they should not be able to continue to pull credit reports, just to "keep tabs with you financial situation". I have added this as a violation when I go up against them in court. I assume it is probably a FDCPA violation, but is it also an FCRA violation too?
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