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Can collection agencies pull my credit?

Date: Wed, 10/06/2010 - 22:55

Submitted by Darrell Sutton
on Wed, 10/06/2010 - 22:55

Posts: Credits: [Donate]

Total Replies: 4


Hi everyone,

I just pulled my credit report and found that there was a recent hit from Capital Management Services. A little research shows me that this is a NY based collection agency with a bad reputation.

After the death of my spouse, I was left with several large credit card bills which were in my spouse's name. I was unable to afford to pay them, and they are all labeled as chargeoffs. I have no idea what debt Capital Management Services is attempting to collect, and since so much time has passed since these accounts were sent to collection and charged off, I think it's a bit weird that CMS pulled my credit recently.

I'm wondering if they're legally permitted to do this, and if so, how can I find out what they're trying to collect? I would love to dispute the debt based on their unscrupulous practices, if of course, they're actually acting illegally.

Thanks for any advice.


Quote:

Originally Posted by Darrell Sutton
Hi everyone,


I'm wondering if they're legally permitted to do this, and if so, how can I find out what they're trying to collect? I would love to dispute the debt based on their unscrupulous practices, if of course, they're actually acting illegally.

Thanks for any advice.


They are permitted to pull your report. They are probably looking to see if you are behind on others or to see if you are paying/up to date on other cards. If the cards were joint accounts, they will show up on your credit report. Also, if you were an authorized user, they will show up - I'm having that problem with 2 of mine - my daughter were authorized users and I'm trying to get them off their credit reports.

So, if any of these scenarios apply, then you need to have them validate and see what you can do as long as SOL hasn't passed.


lrhall41

Submitted by aubrey on Thu, 10/07/2010 - 07:19

( Posts: 1203 | Credits: )


Yes, I was also on the cards. On some as an authorized user, on a few a joint. They haven't been paid for about 23 months now.

They used to call a lot, then it all stopped. I get an occasional call nowadays, but not much action. Should I be doing something before any statutes expire? Should I be sending them letters? they're not really bothering me much right now.

I pulled my credit on experian the other day and it shows me with a score of 670+. Considering the circumstances, it seems pretty good, though there are still chargeoffs visible on the report.

thanks for all the help.


lrhall41

Submitted by Darrell Sutton on Sun, 10/10/2010 - 13:19

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I would definitely double-check the part about being an authorized user--authorized users are only authorized to use the card, they are NOT legally responsible for paying charges. I am an authorized user on some of my boss's credit cards for the company....my name, while being authorized to use the card, was not put on any credit application. My SSN was not used for any purpose. I never signed any agreement that granted ME credit with those credit card companies. Therefore, there is no legal way that they can claim me as responsible for paying the account. And because of that, it is not legal as far as I recall for that company to report on my credit report, because there is no established credit relationship between them and me. Might wanna double-check that part.

Out of all these accounts, if there are any that you were not on the credit application for, they CANNOT legally come after you to pay them unless you live in a community property state. In order to have permissable purpose on YOUR credit report, there must be a credit relationship between you and them on that specific account that they are reporting. If you did not fill out a credit application, or otherwise give them permission to access your credit report, then there is no such established credit relationship between you and them. What state do you live in?


lrhall41

Submitted by skydivr7673 on Sun, 10/10/2010 - 17:50

( Posts: 2036 | Credits: )