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Hard inquiries on old debt


mdk003
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I have a couple accounts which are around 12 years old, far beyond both the statute of limitations (6 years in this state) and the 7 year reporting period of the CRA. Accordingly, I generally ignore the infrequent collector letter, considering it not even worth the cost of a certified letter.

Got a call from Portfolio Recovery Associates. They talked to my wife, and told her they intended to put inquiries on my account repeatedly, and that would bring down my credit score. My wife told them to not call, and they said they were going to continue calling until they get a cease and desist.

I will take care of the C&D promptly. However, I'm curious about the inquiries. I pulled my credit report, and sure enough, there are some hard inquiries on there, and from a couple different companies.

Can collectors pull hard inquiries on time-barred and non-reportable debts? I can't find anything specific in the FCRA, except for possibly this:

§ 605. Requirements relating to information contained in consumer(a) Information excluded from consumer reports. Except as authorized(b) of this section, no consumer reporting agency may makecontaining any of the following items of information:[snip](4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

Even that I'm not sure about...the inquiry is not more than 7 years old, but the account it is about is.

Any advice or strategy would be helpful.

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I went through this myself a few months ago on a deb that isn't mine.

The only real question is whether someone has permissible purpose for pulling your credit and if a debt is legitimate than that woudl usually give a collector a PP to pull yoru credit. The reporting period has nothing to do with it at all and I'd say that goes double for the SOL unless your state has some specific injunction against such action.

However...they do not have the right to keep pulling your credit for the purpose of harrassment/to harm you...you can really get them by the short hairs if you can prove that...too bad you don't have a recording of the idiot who said that!

I doubt, however, that they are going to be stupid enough to keep pulling and pulling your history but if they are that stupid, go after them!

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After I posted yesterday, I did some research into Washington law. I ran across this gem:

RCW 19.16.250Prohibited practices.	No licensee or employee of a licensee shall:[snipped the first 9 passages](10) Threaten the debtor with impairment of his credit rating if a claim is not paid.

Violation of this statute is considered an unfair and deceptive trade practice, so I have immediately reported them to the Attorney General for investigation.

Furthermore, Portfolio is not registered as a collection agency in Washington, and registration is required before contacting any debtor. I'm going to report them to the Dept of Licensing for that as well.

So far, I'm up to 2 violations of Washington law, and a possible FDCPA violation, and I haven't even got a letter yet.

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