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Brad14146

Re-aging

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Here's a couple:

FDCPA:

§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The false representation of --

(A) the character, amount, or legal status of any debt

FCRA:

§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

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Hey Doc... would this also apply to CA's who pull your CR's after the SOL for reporting a debt has expired. DH has 2 CA's on his report who pulled his report after the SOLs had expired. One was Asset Acceptance who pulled Dh's report two months after we successfully disputed the debt and it was deleted, the other company actually filed suit against us after SOL for collections (actually only a few months prior to SOL for reporting), but they didn't follow thru. We were forced to put out 500 clams (which we could not really afford) for an attorney when we were served. Then this past March, the TL was deleted by all three CRA's as per the SOL. As soon as it dropped off the CR's, the CA pulled his report. It seems to me that the only reason these CA's pulled his reports after the SOL's as a last ditch effort to damage his credit scores.

I've disputed with EX twice now asking them what reason under PP that these companies used to pull DH's report, and they keep sending form responses on who has PP to pull credit reports. EX says we must contact the companies who pulled the reports, but I've hesitated doing this because I'm not real sure of what I need to say to get them to cause the inq.'s to be removed from DH's report.

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For clarification, the SOL does not forbid them from attempting to collect on the debt, unless state law says otherwise (like California).

The FCRA states that a company has PP if the company

(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer

There is no way a CA doesn't know about the SOL. That's how JDB's are doing so well. It's consumers that don't about SOL. Given they know the accounts have been deleted, and they know the SOL has expired, there's no reason for them to damage your credit with useless inquiries. I would argue that all day long and report them every time they did it.

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Thanks Doc. I'll send letters ASAP to the companies who did the pulls and just ask them what PP they had to pull DH's reports after the SOL for reporting the debts. It couldn't have been for further collection activity, because the debts were timebarred (correct?), and I'm pretty sure they weren't intending to extend DH any kind of credit :wink: .

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I assure you it was for an extension of credit. :)

If your state law forbids them from collecting on a timebarred debt, then they are in violation.

However, if your state laws do not specifically address timebarred debts, then technically they are not in violation (since they are collecting on a debt). I think that's BS (which is exactly why a lot of these companies snag up a debt before the SOL expires), so I say call them out on it. They know the debt is timebarred, therefore, they should just give it up.

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