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Collection Agengies pulled my credit report

Date: Wed, 01/03/2007 - 13:24

Submitted by anonymous
on Wed, 01/03/2007 - 13:24

Posts: 202330 Credits: [Donate]

Total Replies: 12


Can collection agengies pull my credit report and tell me that I have a credit card with enough money to pay them there money?


I just want to be sure of what you are asking - are you asking if it's possible for a collection agency to pull your credit report and find out how much money you have available on a certain credit card, and therefore, tell you to use that card to pay your debt to them?

If that's what you're asking, I would say that would be an invasion of privacy. Not the actual pulling of your credit report, but the use of the information on your report that doesn't relate to your debt to them.

I might be wrong here, but it sure sounds like it to me. Even if it's not illegal, it's downright rude - kind of like a stranger going through your underwear drawer.


lrhall41

Submitted by SUEBEEHONEY70 on Wed, 01/03/2007 - 16:45

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When I pull my credit report on the enquire page. there is always some credit company there. I dont think it hurts your score though. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Wed, 01/03/2007 - 16:58

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I was just looking at my credit report from Experian, and it says they can list inquiries that can be viewed by others for up to 2 years as a result of action taken by you, such as, applying for credit or financing, or as a result of a collection.

Inquiries shared only by you are the ones from creditors who want to offer preapproved credit; an employer who wishes to extend an offer of employment, etc. These type of inquiries will not hurt your credit score.


lrhall41

Submitted by brownsugar on Wed, 01/03/2007 - 19:08

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Yes, they can pull the credit report for collection purposes. While outlandish to suggest you pay them by putting it on your credit card, they're not breaking any laws.

They may be pulling your report to see if they can find your new job, if they don't know where you work. Or to see who you are/aren't paying... if it's just them you're not paying, they might have luck suing you. On the other hand, if all your accounts are going bad, that could be a sign you are about to go bankrupt, in which case it would be pointless to sue.


lrhall41

Submitted by DebtCruncher on Wed, 01/03/2007 - 20:27

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If you are in a situation where you have collections on your credit report this may be a familiar situation: ever look at your credit report and notice that there are lots of inquiries on it from collection agencies? There shouldn???t be, or at least that???s what the 9th circuit court has ruled. In my opinion, many people get overly concerned with inquires on their credit report, but the fact is that excessive inquiries hurt you.

The 9th Circuit Court of Appeals recently decided Pintos v Pacific Creditors Association in January of 2007. In the facts of the case, the Plaintiff???s (Ms. Pintos) car was towed. She failed or refused to pay the towing company so they sold her car at auction. Apparently, the car did not fetch enough money to pay her towing bill. (I wonder what kind of car she owned that would not fetch the price of the towing bills?!)

The towing company turned the remaining debt (the difference between the auction price and the towing bill) over to Pacific Creditors Association (???PCA???). During collection activities, PCA pulled Ms. Pintos??? credit report. The 9th Circuit held that this was a mistake. Under the Fair and Accurate Credit Credit Transactions Act (???FACTA???) the newest revision of the Fair Credit Reporting Act, a collector may only pull a credit report in connection with a ???credit transaction.??? Ms Pintos did not ask or apply to the towing company for credit, an important legal distinction. Ms. Pintos lost her claim at the trial court but not in the 9th Court of Appeals.

This case could be important as a defense if a collection agency is suing you. It could get you some money as well should you decide to sue over the FCRA violation. In my opinion, the information that a collection agency has pulled your credit report is just another tool in dealing with them and possibly getting rid of the collection on your report all together, rather than a method of cleaning up inquires.


lrhall41

Submitted by on Thu, 05/07/2009 - 12:33

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After this posting, the 9th circuit changed it's mind and found against Pintos, ruling that the law establishing the lien also established a debt as a matter of law. It is against Facta provisions to use the credit report to find you unless you have a debt you initiated or under law or judgment you are responsible for. A potential creditor cannot go fishing to see if you can pay before they sue you and get a judgment for example.


lrhall41

Submitted by on Mon, 07/27/2009 - 20:47

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In its Sept. 21 ruling, the appellate court???s panel of judges found that debt collection, by itself, did not constitute permissible purpose for an agency to access a consumer???s credit report, reversing a long-held standard used by collectors. At particular issue was the establishment of a voluntary credit transaction under the Fair Credit Reporting Act on the part of a consumer.


lrhall41

Submitted by on Tue, 08/04/2009 - 10:21

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people get so upset about agencies trying to collect on a past due obligation. If they (CA) represent a client to whom you owe money then they can pull your cbr. If you are showing the ability to pay with other lines of credit on your cbr that is a reasonable request. Provided the debt is not disputed and you have properly disputed the item. Unfortunately bad consumers and collectors hurt a VERY necessary industry!


lrhall41

Submitted by on Tue, 08/04/2009 - 18:04

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I haven't heard otherwise, but as of Nov 2007 Fed courts held that collection was only permissible purpose to pull a credit report when the underlying debt was a credit transaction. IE parking tickets are not permissible for a CA to run a person's credit.

See the thread below for the exact case/citation.
http://www.debtconsolidationcare.com/collection-agencies/notice-sent.html


lrhall41

Submitted by DebtCruncher on Tue, 08/04/2009 - 20:08

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