nechick Posted July 23, 2008 Report Share Posted July 23, 2008 hi everybody i finially got my TU report all cleaned up.i have 11 accounts in good standing,with no lates,no collections.so i brought MY FICO score for TU and its 761.now i applied for a credit card with BARCLAYS knowing they only pull TU. i got declined for COLLECTION INQUIRES on my report!the inquires are for accounts that the REPORTING SOL & COLLECTING SOL has run. when the inquiries showed on my reports i sent DV letters to them with no response from the CA. i really feel even if something is SOL by law, HARD INQUIRES is still a way for them to report pass the 7.5 years! thanks nechick Link to comment Share on other sites More sharing options...
swirlgirl Posted July 23, 2008 Report Share Posted July 23, 2008 The thing is the debt is still collectible even after SOL. The only way to get rid of the debt is to offer a settlement. Or else, they can keep trying to collect indefinitely.But, there are a few states that have laws that the debts truly become uncollectible after a certain number of years. Link to comment Share on other sites More sharing options...
Donna47129 Posted July 23, 2008 Report Share Posted July 23, 2008 Do a search for "Pintos".I used this against two CAs collecting on non-credit items and they deleted.Sorry, I have to run and don't have time to explain, just search out Pintos.Good luck!Donna Link to comment Share on other sites More sharing options...
isislc Posted July 23, 2008 Report Share Posted July 23, 2008 The thing is the debt is still collectible even after SOL. The only way to get rid of the debt is to offer a settlement. Or else, they can keep trying to collect indefinitely.But, there are a few states that have laws that the debts truly become uncollectible after a certain number of years.The two states that do not allow indefinite collection are MS and WI. Otherwise, a CA can try to collect forever and although something may be out of SOL, SOL only matters as a defense in a court of law. Link to comment Share on other sites More sharing options...
nechick Posted July 24, 2008 Author Report Share Posted July 24, 2008 what im trying to say is that even though the REPORTING SOL expires they can still damage your report by doing HARD INQUIRIES. if they cant validate they debt cant you make them remove there inquiry?no VALIDATION = NO PP,pay me a $1000 i read the PINTOS case still trying to digest that, thanks all Link to comment Share on other sites More sharing options...
lovebug5 Posted July 24, 2008 Report Share Posted July 24, 2008 if they cant validate they debt cant you make them remove there inquiry?no VALIDATION = NO PP,pay me a $1000If you're DV'ing out of the magic 30-day window, they don't have to do squat and you can't really make them do squat. This debt is obviously pretty old if it's out of the reporting SOL, which means that you can DV them until you're blue in the face.IMO, what you'll need to do is send them a letter based upon Section 623 of the FCRA, forcing them to investigate the account and provide you with results within 30-days of receipt of your letter.If you want to claim violations on them, what you've listed isn't going to really do much for you. Link to comment Share on other sites More sharing options...
Ahntara Posted July 24, 2008 Report Share Posted July 24, 2008 CA's have PP even after Reporting Period & SOL expires, unless your in MS and WS. Valdiation becomes an issue only if you raise it in court. Your real beef is with Barclay's for using such a lame excuse not to do business with you. You can pursue the inquiries or simply find another CC company. Link to comment Share on other sites More sharing options...
nechick Posted July 25, 2008 Author Report Share Posted July 25, 2008 ok thanks for the replies all my DVs were done within the 30 day window,i have never received any validation from them they just send it to a different CA. so based on how i read the PINTOS VS PACIFIC case [which she won] my line of thinking is something along these lines. since they wont validate this, there is no history of any credit transaction to link us that would allow them to legaly pull my report [FCRA 604 A 3 ] your thoughts please Link to comment Share on other sites More sharing options...
Focus2069 Posted July 25, 2008 Report Share Posted July 25, 2008 If the original debt was for a credit card, loan, mortgage, etc, then the PP usually follows to the CA. However, I feel that if they cannot validate the debt, then they have no business coming anywhere near your credit report.If the debt was for something non-credit related, cell phone, utility, etc, then the CA does NOT have a PP for pulling your credit. You have to iniitate the "credit transaction" for the CA to have a PP.There needs to be more case law about CA's doing hard pulls, then not even being able to validate the debt...... Link to comment Share on other sites More sharing options...
Boscoe Posted July 25, 2008 Report Share Posted July 25, 2008 What about if you file bk? Can the bk'd mtg lender pull hard inquiries based on "collection"? Link to comment Share on other sites More sharing options...
nechick Posted July 25, 2008 Author Report Share Posted July 25, 2008 focus2069 thats my point exactly! if they cant validate they do not have PP. and yes this was from a old credit card. Link to comment Share on other sites More sharing options...
Ahntara Posted July 25, 2008 Report Share Posted July 25, 2008 "...my point exactly..."How far do you want to push this? It's great to have a strongly held opinion and it's terrific that others agree. But the only way such a view is established is by case law, like Pintos. Otherwise, you have to accept the norm/standard as it presently exists.Boscoe: My answer is yes, they have PP. I can't address whether the pull CAN legally be a hard pull. (perhaps others can chime in). But if nechick pushes this to a resolution, she may create new case law... Link to comment Share on other sites More sharing options...
nechick Posted July 26, 2008 Author Report Share Posted July 26, 2008 sorry to harp on this but this really frosted my ars. from what i gather a phone company dosent extend credit, but rather they charge a set fee. so if i have phone service i didnt apply for credit. if the phone gets shut off for non-payment [yes i agree that i owe them money that has since been paid] and sent to collections,how does the CA figure they have a right to do a HARD PULL of my credit report? according to PINKOS VS PACIFIC the court ruled any pulling of a credit report has to involve a credit transacction or collection of a credit transaction. since there was no credit applied for or given, a HARD PULL of my report should be a violation. since they didnt validate this when i sent a timely DV,they have no right to pull my report! whats everybody think? Link to comment Share on other sites More sharing options...
swirlgirl Posted July 27, 2008 Report Share Posted July 27, 2008 Aren't phone bills paid in arrears? Meaning, if you begin phone service on May 1st, you are not chanrged money up front. You use the phone the entire month of May, the phone company sees your usage, and then you get a bill in June. So, because you didn't pay before services were rendered, this can be construed as an offering of credit. I'm sure this is covered in the fine print of the telephone service agreement.Plus, you said "yes i agree that i owe them money that has since been paid." If the money has been paid, have you ever provided the documentation to the CA?Lastly, it all comes down to your willingness to file a lawsuit. If it means that much to you, go ahead and file. Link to comment Share on other sites More sharing options...
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