Is it legal for a CA to do this?

Date: Sat, 07/02/2005 - 20:46

Submitted by kimb515
on Sat, 07/02/2005 - 20:46

Posts: 17 Credits: [Donate]

Total Replies: 3

Hi - I have another question about the actions of a CA. I have a revolving balance Amex card that was turned over to collections(not sold to), but I have since paid down the balance. I have also made large monthly payment directly to the Amex because of the unprofessional actions of the collection agent. I have spoken to Amex, and while they say the account will technically remain with their collection agency until it is paid off, as long as I keep paying at least my minimum balance monthly to them(I have been paying at least triple that), they will continue to report the account as current.

Here is my problem. Obviously, the CA wants me to pay them instead of Amex(even though Amex has said it's all right to pay them directly) because they receive commission on these accounts. However, I've explained to the obnoxious agent that Amex has authorized me to pay them, and because of his behavior I'm going to do just that. I have instructed him to stop calling or I will begin recording his calls, and he has. However, I just checked my credit report and it appears that since that phone call, this CA has run my credit report EVERY SINGLE BUSINESS DAY for the last two weeks. I am certain this is an attempt to injure my credit score because there's not much else he can do to me at this point. They ran it once when they were hired to collect the account, but there is no reason for them to run it again that many times, is there? And is it legal for them to do so? And as I'm sure it's affected my score, what can I do about this particular thing?

I'm working so hard to resolve this debt and we've made great strides. So I'm not about to let this little spiteful, hostile jerk take away from that.

So I would be most grateful if someone could tell me if it's legal for them to run my report 14 times in a row, and if not, how should I proceed?

Thanks,

Kim

Hi Kim Although the debt collectors have the right to view yo

Hi Kim

Although the debt collectors have the right to view your credit report as it is considered legitimate under the Fair Debt Collection Practices Act. But they are required to take your permission before they view it. Your debt collector has not taken your permission and has been repeatedly viewing it 14 times in a row without your knowledge which is overly hostile. You can file a complaint with the FTC by contacting the Consumer Response Center at 1-877-FTC-HELP (382-4357).

You have your legal right to file a case against the debt collector within one year from the date the law was violated. You can sue them up to $1000 and recover money for the damages that you have suffered so far including the emotional stress. Under the Federal law, you can recover the court cost and the attorney fees also from the debt collectors for the said violation.

Please check your credit report to have a proof that they have wrongfully accessed your credit report within the shortest duration.

Regards
Roxette

lrhall41

Submitted by roxette on Mon, 07/04/2005 - 10:15

( Posts: 4009 | Credits: )

YEA!!!!

Hi Roxette - I called the FTC to report the actions of the collection agent I've been dealing with(of which I have proof), and they informed me that they were in violation of multiple regulations.

The FTC has filed a formal complaint for me, is beginning an investigation of the company and agent, and will possibly fine them if they find that violations have been comitted(which they have).

They've also told me that I can send a dispute letter to the credit bureaus to remove any damage to my score done by the multiple pulls of my credit report.

Thank you so much. I never would have thought to call the FTC itself if you hadn't suggested it. I'm now able to both clear my debt and fight back against unfair practices and it feels great!

Kim

lrhall41

Submitted by kimb515 on Tue, 07/05/2005 - 08:36

( Posts: 17 | Credits: )

Hi Kim I am glad that you have used your legal consumer right

Hi Kim

I am glad that you have used your legal consumer rights by filing a complaint with the FTC and fight against the unfair practices of the debt collectors.

As the authorized person from the FTC has suggested, please send a letter to the credit bureaus and try to remove the damage that has been caused to your credit score.

I hope for a speedy recovery to your credit file.

Thanks and regards
Roxette

lrhall41

Submitted by roxette on Tue, 07/05/2005 - 11:42

( Posts: 4009 | Credits: )