Can I Sue JDB For Pulling My Credit File?

[OrangeCountyGreg]

Main Qu/ Is this a violation?

I'm about to send my DV letter. Within it I was considering referencing the fact that they are listed as an inquiry on my CR....as some indication that I'm aware of my rights.

Qu 2/ Would you do this or would you leave the letter broader, and not get into specifics.......just bring these up later if needs be?

The debt that they claim is not on my CR. When they called me to attempt to pressurize me into paying, they referred to my CR and a cc with a credit line enough to pay off the alleged debt.

So - that was why they accessed my CR.....hard to prove I know. But, I can prove that they are listed oon their as an inquiry.

I've also read that you can't remove inquiries [even if by mistake] for 2 years.

See the following for a sample letter.

http://www.creditinfocenter.com/forms/sampleletter4.shtml

Creditors if they pull your credit file without permissible purpose

Injury to your credit report and credit score

FCRA Section 604 (A)(3) $1,000

Thanks again to this great board.

[Recovering Attorney]

If they own it, they can pull your CR

[OrangeCountyGreg]

I presume you mean if they own the debt.

They do NOT.

I've just received their initial letter by fax. They are Creditors Interchange, who sent me the letter.

They are acting for Arrow.

The OC is RBS.

So - Creditors Interchange do not own the debt. Furthermore, the debt & account is not even shown on my credit report.

Getting ready to DV for the 1st time. Should I point out what I believe are the violations :

e.g.

i/pulling my report [questionable]

ii/ Failing to state that I have 30 days to dispute the debt etc etc.

Thanks

[willingtocope]

If they're collecting for someone who owns the debt, they can pull your reports.

Also, RBS = Royal Bank of Scotland, right? Is this the debt from the UK? I'm still not sure how much US laws would protect you from someone collecting on a UK debt.

[OrangeCountyGreg]

Yes - a UK debt - but now owned by a US JDB.

Still haven't figured out which laws apply - whether its the UK or US. Arguments can be made for either.

For now I think that dv'ing them [as US laws] in the right 1st step....as I have received their letter from a US JDB. A US company - Arrow - now owns the debt....their letter was mailed to my US address....with a collection amount in $US.

FYI - The UK also has some very interesting stuff about re-claiming any excess bank charges. Basically the law prohibits penaties [e.g. a $30 late fee]. The bank can only claim legitamate & actual costs incurred. People [in large numbers] are successfully getting this money back. Go to the bank action group postings if you're interested.

http://www.consumeractiongroup.co.uk/forum/

The UK has a similar process, but with some distinct differences from what I've read. samely they have 12 days to respond, after that they can't enforce the debt, unless by judgement or until they respond. After another 30 days they have commited an offence & would need a court order to re-validate the debt....and would have to explain why they committed an offence to the judge.

Considerations for me are :

- To bring this into a US court, presumably they would be bound by the local law.

- If it had to go to deferal court - I imagine this would be a timely and costly process.

- Would they need a UK judgement 1st to them transfer to US.

- Can a UK debt be enforced in the US? Period?

- SOL implications [6 year equivalent in UK] - current. Cali - 4 years - now expired.

[OrangeCountyGreg]

PS,

Regarding my initial question re the contents of the DV letter....

What's your thoughts re pointing out violations - e.g. failing to state that I have 30 days to dispute the debt.

Should I leave the letter broad in terminology - or focus on possible violations that have aleady happened.

I've seen the following dv template, but could you steer me to any other ones which may be better suited.

thanks again.

__________________________________

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature

Your Name

[direred]

1) There is no CA/JDB licensing in California.

2) Even in states where there is, JDBs are usually exempt, because the licensing is designed to protect owners of debt, not consumers.