Fairy Enchantress Posted November 20, 2008 Report Share Posted November 20, 2008 Who is PLAZA/TR2?I have a hard INQ from Plaza/TR2 who are obviously some collection agency. This happened recently. I have not heard from them by mail ect. and it has been a few weeks now.When I did a search for them I found this from someone who also had a hard inquiry from them...."I would send an ITS letter to Plaza stating their willful violation of FCRA Section 604 ©(1)(A).Since there is no contest their inquiry is in the section that shows to others, one should ask $1,000 to be paid within 30 days.One can also send a letter to the CRA notifying them of no-PP for that inquiry and requesting an investigation - after 30dd of no action from the CRA, send ITS letter for willful violation of Section 604 ©(3). "Okay update I found out who they are:Plaza Associateshttp://www.plazaassociates.com/affiliations.html Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 20, 2008 Report Share Posted November 20, 2008 Plaza contacted me regarding a T-mobile account I had a long time back...Ever have a cell phone contract that went bad?I might send them a DV along the lines of "hey, saw you popped up on my reports on XXX date...what do you want?" Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted November 22, 2008 Author Report Share Posted November 22, 2008 That's probably what it is.Yeah a DVL is sounding good. Thank you.What do you think about mentioning the 604 like the post I found on the internet. Link to comment Share on other sites More sharing options...
Focus2069 Posted November 22, 2008 Report Share Posted November 22, 2008 send them a simple letter asking them why they think they had a PP for pulling your credit.dont quote any law just yet. give them a chance to respond (send it CMRR). If they dont respond, or give you a bull**** answer, then send them a "more firm" *(read: borderline intent to sue)* letter.start the paper trail. 1 Link to comment Share on other sites More sharing options...
nascar Posted November 22, 2008 Report Share Posted November 22, 2008 What do you think about mentioning the 604 like the post I found on the internet.I can see where someone could interpret that to mean a CA cannot pull your CR without your permission, however, the "not initiated by the consumer" part refers back to the original credit transaction, not the subsequent collection activity. And in terms of credit, the request for credit is initiated by the consumer. Remember, an invitation to apply for a credit card is not - in terms of contract law - an offer to extend credit. 1 Link to comment Share on other sites More sharing options...
Focus2069 Posted November 22, 2008 Report Share Posted November 22, 2008 I can see where someone could interpret that to mean a CA cannot pull your CR without your permission, however, the "not initiated by the consumer" part refers back to the original credit transaction, not the subsequent collection activity. Are you sure? The Pintos case directly stated that the CA had no PP unless the original credit transaction was initiated by the consumer, in her case it was a towing company. If you never gave T-mobile permission to pull your credit, or you never had an account with T-mobile, then that CA never had a PP pull your report.Also, should they chose to pull your report, it should not be classified as a "hard pull", it should be a account review, so it doesnt affect your credit score. Link to comment Share on other sites More sharing options...
nascar Posted November 22, 2008 Report Share Posted November 22, 2008 Are you sure? The Pintos case directly stated that the CA had no PP unless the original credit transaction was initiated by the consumer, in her case it was a towing companyThe issue in Pintos was that there was never an extension of credit to begin with. Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted November 23, 2008 Author Report Share Posted November 23, 2008 So can the collection agency pull a hard iquiry on your credit report?I thought this whole time the CA's can only soft pull. That is what the CA's have done in the past on my credit reports. Link to comment Share on other sites More sharing options...
Focus2069 Posted November 23, 2008 Report Share Posted November 23, 2008 So can the collection agency pull a hard iquiry on your credit report?I thought this whole time the CA's can only soft pull. That is what the CA's have done in the past on my credit reports.the way I intererpert (god i cant spell) it is that if the original transaction was credit related (ie: credit card, loan, mortgage, etc...) then the CA assumes the same rights as the OC, so they can pull your credit.For other things...tow bills, magazine subscriptions, etc, then I would not think a CA has any right to pull your credit report.but..there is not sufficient case law (yet) on this. who wants to be the first Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 23, 2008 Report Share Posted November 23, 2008 I am of the same interpretation, Focus.Regarding hard/soft inqs though that Fairy brought up...since your signing of a cell phone contract entails them (Tmobile or whomever) to check your credit, then I think it'll be awful hard to prove a hard pull is illegal. Now if they KEEP doing hard pulls, then that's a bit of a different story Link to comment Share on other sites More sharing options...
Focus2069 Posted November 24, 2008 Report Share Posted November 24, 2008 Regarding hard/soft inqs though that Fairy brought up...since your signing of a cell phone contract entails them (Tmobile or whomever) to check your credit, then I think it'll be awful hard to prove a hard pull is illegal. that is, assuming of course, that she actually had an account with Tmobile.if she didnt, and it was truely a mistaken identity, then they had no right to come anywhere near her reports. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 24, 2008 Report Share Posted November 24, 2008 agreed. Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted November 24, 2008 Author Report Share Posted November 24, 2008 Why do CA's do soft pulls instead of hard pulls most of the time?All debt for credit cards , and stuff like that. I see what you both are saying but I think it is just weird- I think all of my inquiries are soft until now. Maybe I have just been lucky so far until now. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 25, 2008 Report Share Posted November 25, 2008 you have been. All of mine (that are still on my file anyhow) have been hard pulls. Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted November 25, 2008 Author Report Share Posted November 25, 2008 I can't believe my luck! I usually never have any luck. I am sorry you haven't had my luck!Maybe because so many of the collection accounts that were on my credit report were over two years old and the inquiries fell off. That is probably what happened. Thanks for all the help....AGAIN! Link to comment Share on other sites More sharing options...
Focus2069 Posted November 27, 2008 Report Share Posted November 27, 2008 I have only had 2 CA's make hard pulls, and a bunch make soft pulls on my wifes report.both of the companies that did the hard pulls went away after a nice ITS letter with a draft copy of my complaint. I am still thinking of filing the complaints......I have another 4 or so months to do so, as they never gave me what I was asking for, they just "closed my file" and took off the item off my report. Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted November 27, 2008 Author Report Share Posted November 27, 2008 I have only had 2 CA's make hard pulls, and a bunch make soft pulls on my wifes report.both of the companies that did the hard pulls went away after a nice ITS letter with a draft copy of my complaint. I am still thinking of filing the complaints......I have another 4 or so months to do so, as they never gave me what I was asking for, they just "closed my file" and took off the item off my report.LOVE IT! Link to comment Share on other sites More sharing options...
scottb99 Posted November 28, 2008 Report Share Posted November 28, 2008 Plaza will go away quickly with a DV, or at least in my case they did. They were collecting for WFNNB in my case. Once they sent initial dunning letter, I DV'd and they went away. They never showed up on my credit report. As far as CA's and INQ's, I have never had a "hard" inq from any of the CA's. Link to comment Share on other sites More sharing options...
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