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Permissable purpose


shreveport
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I did a search but did not find the exact answer I am looking for.

Any asistance would be great.

A CA pulled my wife's EQ CR on 3-16 and 4-6. Today PG shows 2 more on 4-13 and 4-14.

I called them (I know, I know but I still don't quite understand the problem with that) and they said yes there is a debt from year 2000 for 55.00 (medical).

I said I never received a bill.

They said we have not sent one yet.

I said send me the bill if I owe it I will pay it.

They are looking into why they hit me 4 times.

They are not on her CR as a collection or anything else.

My question is:

Do they have to advise me of the debt before the inquiry to have PP or do they have PP as soon as they got (bought?) the debt even though they never attempted to collect it as of yet?

Thanks

Dan

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I did a search but did not find the exact answer I am looking for.

Any asistance would be great.

A CA pulled my wife's EQ CR on 3-16 and 4-6. Today PG shows 2 more on 4-13 and 4-14.

I called them (I know, I know but I still don't quite understand the problem with that) and they said yes there is a debt from year 2000 for 55.00 (medical).

I said I never received a bill.

They said we have not sent one yet.

I said send me the bill if I owe it I will pay it.

They are looking into why they hit me 4 times.

They are not on her CR as a collection or anything else.

My question is:

Do they have to advise me of the debt before the inquiry to have PP or do they have PP as soon as they got (bought?) the debt I have had this happen 32 times! from what I have read here on the boards they automaticaly get PP when they buy a debt. Kinda unfair IMHO but then again nothings fair in this game they play.even though they never attempted to collect it as of yet?

Thanks

Dan

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You don't talk to CA's on the phone unless you record the call. There's too many incidents of double-talk, and if things go to court it becomes a your-word-against-theirs situation. Either record the calls or send letters CMRRR.

The FDCPA states that within 5 days of initial contact with the consumer, they are required to send you written notice about the debt -- § 809(a) et seq.

I would send a DV letter CMRRR indicating you spoke with them over the phone on this date and say they haven't sent you a bill yet. Then dispute the bill with the CRA's simultaneously. If they verify the debt with the CRA's and they don't verify the debt to you, then that's a violation.

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You don't talk to CA's on the phone unless you record the call. There's too many incidents of double-talk, and if things go to court it becomes a your-word-against-theirs situation. Either record the calls or send letters CMRRR.

The FDCPA states that within 5 days of initial contact with the consumer, they are required to send you written notice about the debt -- § 809(a) et seq.

I would send a DV letter CMRRR indicating you spoke with them over the phone on this date and say they haven't sent you a bill yet. Then dispute the bill with the CRA's simultaneously. If they verify the debt with the CRA's and they don't verify the debt to you, then that's a violation.

Would them pulling the CR be considered initial contact?

The only other contact was today when I called them. I was not given the "this is an attempt to collect a debt" speech.

Thanks

Dan

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Would them pulling the CR be considered initial contact?

The only other contact was today when I called them. I was not given the "this is an attempt to collect a debt" speech.

Thanks

Dan

I would argue that the initial phone call is your contact with them. They contacted the CRA's and put the info on your wife's CR. They never contacted YOU.

If they are collecting a debt they do have permissible purpose to pull your CR. The question is if your state allows them to pull your CR without notifying you. What state do you live in? In California anyone who puts negative info on a CR has to contact the consumer in writing within 30 days.

One more thing: Make the DV letter also a C&D/written correspondence only. It protects you a little better by making them put everything in writing.

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Would them pulling the CR be considered initial contact?

The only other contact was today when I called them. I was not given the "this is an attempt to collect a debt" speech.

Thanks

Dan

I would argue that the initial phone call is your contact with them. They contacted the CRA's and put the info on your wife's CR. They never contacted YOU.

If they are collecting a debt they do have permissible purpose to pull your CR. The question is if your state allows them to pull your CR without notifying you. What state do you live in? In California anyone who puts negative info on a CR has to contact the consumer in writing within 30 days.

One more thing: Make the DV letter also a C&D/written correspondence only. It protects you a little better by making them put everything in writing.

Thanks for the response.

I don't have a problem paying it. I am sure it is mine.

I was just upset that they hit her CR 4 times without even making an attempt to contact her.

I am not sure if an inquiry is considered derogatory information, what do you think?

I am not disputing the debt, I just want the inquiries removed and if they don't have PP maybe do a little small claims action if possible.

Thanks

Dan

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Since the inquiries are permissible, and you want them removed, your best bet is to gain some sort of leverage. The best leverage you have is they want your money and you have it.

If I were you, I would DV and make them jump through hoops. Make them toe the FDCPA line. This gives you even more leverage for a pay for delete situation if they misstep. This is federal law and your legal right to do.

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Would them pulling the CR be considered initial contact?

The only other contact was today when I called them. I was not given the "this is an attempt to collect a debt" speech.

Thanks

Dan

When you called them, that became the initial contact. There is nothing in the FDCPA that says initial contact must be initiated by the CA. But it does say they have to provide you with the Section 809 notice within 5 days. Since they have not done that, that's one violation for the chalkboard.

There is one situation where a CA has no PP for doing a CR pull: If they are not licensed to operate collection in your State, if your State requires it. Under such circumstances, their pulling a CR has no PP because they cannot legally even talk to you about the debt sans license.

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One more thing that wasnt mentioned yet; why pay the CA anything? There are many stories of peeps paying CAs for deletion, but the CA pockets the money and then re-sells the debt to another CA. It goes on and on... DV them and see where it goes... If you are going to pay, contact the OC and ask them to pull the account from the CA, you'll pay them directly and they can report the account as closed-payed as agreed with no lates.

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