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Soft inquiries


cjb1975
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You're going to want to question their Permissible Purpose - best way to do this would be to file a complaint with the AG's office stating they are in violation of the FCRA section 604-Permissible purposes of consumer reports. Doing this 5 times, they were probably assigned the account, but it brings into question why they never sent you a collection letter.

Then, the issue of supplying you with your "mini miranda" within 5 days of initial contact. Although not a "written law", I'd still use that against them for more firepower.

They'll probably lie to you, but it's in their best interest not to do so with the AG's Office. They'll have to show PP, or they're liable big-time.

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Yes, Midland is a CA which makes this situation that much stranger. Encore, their parent company buys the bad debts and has Midland collect for them. Very unusual for them to just look at your reports without at least sending you a collection letter.

Seems to me that Cali would be the address to use for them.

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This is very weird then.....I just noticed it the other day....they may have pulled EX and TU as well, I have to check when I get home. I have never recieved anything from them regarding anything. The weird part is that i have not had any deliquencies since 1999, when i had a few CO. these were either CO by the Oc and thats it, or sent to collections of which I paid all of them. i wonder why they would look at my CR in 2003?

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Just because it's charged off by the creditor does not mean you are released from the obligation. The OC must, by law, report the charge off as a business loss.

Encore and other companies like them (JDB's - Junk Debt Buyers) offer to purchase these defaulted debts for mere pennies on the dollar and then come after you for the full amount - very lucrative business which is nothing more than legal extortion.

Since NY has a 6-year Statute of Limitations, you need to look at the Date of Last Activity on those charge offs to see when your liability "expires".

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Well, they can try to collect, but if you're protected by SOL, you just have to show proof of it. They could very well be waiting to see if you have any new assets and then hit you with the collection attempt.

I'd report them and see what happens.

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