Threat to sue...

[mparksmagic]

So many of you may as well know, I won the lawsuit against me for an alleged credit card...

Now, Wolpoff was hired to sue by its client palisades collection, they could not provide documetation and that resulted in a nonsuit.

TL was deleted from my CR, but a collection inquiry remains on all 3 from Wolpoff. I contacted wolpoff to advise of my dispute and the nonsuit and that they should take off the inquiry on good faith. Wolpoff said "no, and we will still sue in the future if I do not pay and the client can provide documentation". My credit report says the DOLA is Dec 2000 therefore making this alleged debt out of TN SOL, 6 yrs. Have they violated FDCPA by saying they will still sue if they get this alleged paperwork, and is it worth to file a claim?

15 USC 1692e (5):

The threat to take any action that cannot legally be taken or that is not intended to be taken.

Thanks in advance!! Again!

[SOC]

do you have proof that it was said. However if you sue on the grounds of PP for pulling your report when they obvioulsy have no reason (fcra) you kill 2 birds, make money and or make them find what ever proof they can, and teach them a lesson.

[mparksmagic]

Unfortunately, I have no proof. Just my testimony. I don't really care about the money or suing them, I just want the inquiry off. Suing is last resort, but I will take that step if necessary. I am preparing to search for a condo and need my scores pristine. TU apparently scores collection tagged inquiries as negative info, and this inquiry is 5 mo old. Any advice on preliminary efforts I can make on getting them to remove the inquiry? I already tried the disputing with CRA's to no avail.

[SOC]

i am sure you already know if you pay truecredit and you get bumpage. I am at the point I know every inq i do today will be off befor 3 months. So i pay them just for that reason. so every 3 months i go on app spree.. lol, and eq, you can just say you didnt authorize em. its experian i hate.

[mparksmagic]

Thanks, I was familiar with *b*. I have been pulling TC every day for the last month in efforts to get some removed. I have 10 inq on TU, however I keep getting denied for "insufficent credit history" because I only have 1 TL on my reports, however that is another thread...

Thanks for that!

[IHateCAs]

I'm not sure you have a case against them for the inquiry. You do have one for the threat to sue again on the debt if they get documentation.

[SOC]

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ECHOSTAR

5701 S Santa Fe Dr

Consumer Collections Department

Littleton, CO 801201813

December 29, 2006

RE: Inquiry on Credit Report

Dear Creditor:

During a standard review of my credit files from the three major credit reporting agencies I was dismayed to find an inquiry posted by YOUR COMPANY on 12/19/2006.

As you are probably aware, the credit reporting agencies regard inquiries as a statement of fact and will not allow a consumer to dispute them. They maintain that if the inquiry is on file then the company listed did in fact view the consumer’s record.

Since it is unlawful under the Fair Credit Reporting Act for a person to view a consumer report without a ‘permissible purpose’ I am writing this letter.

I don't recall applying for credit or employment with YOUR COMPANY.

From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C § 1681n]

Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater."

From the 1998 FTC opinion letter Greenblatt at

http://www.ftc.gov/os/statutes/fcra/greenblt.htm:

"Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured."

Also from the Fair Credit Reporting Act:

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure;

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

Please explain your permissible purpose for your obtaining my credit file. Should you not have a permissible purpose, please arrange for payment of $1,000 by 01/20/07 to the name at the address listed at the top of this page.

I look forward to hearing from you to resolve this in an expeditious and amicable manner. You may reply to my number

Sincerely,

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This letter is being sent via USPS Certified Return Receipt # 00000000000000000000

This is along the lines of what i like to use.

[IHateCAs]

W&A are not going to be scared off by form letters from a credit website.

[SOC]

lol, I was not implying that. what i was implying are the laws that i reference in that letter. specific and right to the point on how they violated my rights. and my second letter to them is even a bit nicer. because these companies usually send a letter back saying oh, give us your soc and we will check it out. So my next letter says you should already have it(and i send the copy of the cred report pulls) and points out they will pay me the CRA and lawer and its only gonna cost me initially $65 in court to file. No big skin off my butt.

[zebbycap]

I heard about being able to sue the unknown CA pulling inquiries with out PP.

Is there a time limit to sue?

[mparksmagic]

I heard about being able to sue the unknown CA pulling inquiries with out PP.

Is there a time limit to sue?

From my understanding of FCRA... Usually 2 years.

[zebbycap]

Hum....that's good to know. I have 2 inquiries from a jdb way out of sol and no pp. They pulled 2 hards on EQ. I'm not going to bother to sue. It's easier to just "b" them.

[mparksmagic]

1 hour on the phone, 15 different reps / "paralegals" . and I am nowhere.

No one can help about removing the inquiry. Sent 2 cmrrr letters requesting removal and a fax. Should I just go pay the 70 some odd dollars and file a claim for 1k, and when I file, if they just remove the inquiry, can I still go after them for statutory damages of fcra for non permissible purpose even though it is no longer showing on my cr?

BTW, the inquiry was from wolpoff who was representing a JDB/CA.

Thanks

[IHateCAs]

I don't see a viable case for you. They pulled CR for collection purposes. I don't think the fact they later dropped their collection suit comes into play here.

[Leadhead]

I think the viability of whether you have a case depends on whether they can PROVE they had a permissible purpose in getting your report.

[Leadhead]

I heard about being able to sue the unknown CA pulling inquiries with out PP.

Is there a time limit to sue?

§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. § 1681p]

An action to enforce any liability created under this title may be brought in any

appropriate United States district court, without regard to the amount in controversy, or in

any other court of competent jurisdiction, not later than the earlier of (1) 2 years after the

date of discovery by the plaintiff of the violation that is the basis for such liability; or (2) 5

years after the date on which the violation that is the basis for such liability occurs.

[mparksmagic]

I don't see a viable case for you. They pulled CR for collection purposes. I don't think the fact they later dropped their collection suit comes into play here.

Well.. They requested my credit report for collections yes.. But I am not the right person they should be collecting on. The account they were assigned to collect on was not mine, hence the reason they dropped the case. Therefore they shouldn't of dinged my credit. As we are all aware FCRA states you must have a permissable purpose to pull file.. I am not the right person therefore they had no permissable purpose to pull my file, even if the reason is for collection purposes.

[IHateCAs]

Well that's more interesting. That beefs up your threat to sue claim also.

[SOC]

Just for reasons like that i like that letter, and it makes it clear your intent. and then just follow up with it. Its colorfull and not frivilous. and well with in the law.