collection agency pulling my credit report

[baker10]

We informed one of our creditors recently that we intend to file bankruptcy. This was not an easy decision but we feel it is our only option at this point. Upon hearing this, one of our creditors pulled our credit report and called me, read it to me over the phone and tried to talk me out of the bankruptcy. I informed them that I preferred to take legal advice from an attorney and I did not authorize them to pull my credit. They said they were allowed to do this and did it "all day long". This person said that they would just keep calling until they receive a bankruptcy case number. I really don't care about the calls. I just ignore them until we officially file, which will be very soon, but the fact that they pulled my credit made me angry. Are they allowed to do this? I am in Ohio. Thanks!

 

[Tayla]

Sure they can. And they can call you anytime to resolve any payments or accounts concerns since they are the original creditors to this account.
No doubt they can also show up at your bankruptcy hearing ....

 

[baker10]

Thank you Tayla. Actually, they are not the original creditors, but a collection agency. I believe that they can only call between 8 am and 9pm if they are not to be in violation of the law. The calls I am not concerned about. I just couldn't figure out why they would be able to pull credit without authorization or why they would even need to.

 

[Veronica1228]

I don't see how they can pull your credit report either since they are not the OC. However, because they are a CA and not an OC they have to follow the FDCPA which states that if you ask that they stop calling, the must stop. I know you don't care about the calls, but if you change your mind, send them a C&D letter by CRRRM. Below is a website that has sample letters and more information about your rights under the FDCPA.

http://www.creditinfocenter.com/

 

[Tayla]

Thank you Tayla. Actually, they are not the original creditors, but a collection agency. I believe that they can only call between 8 am and 9pm if they are not to be in violation of the law. The calls I am not concerned about. I just couldn't figure out why they would be able to pull credit without authorization or why they would even need to.

My apologies.You are correct. CA's must follow the guidelines established with the FDCPA. Send them a letter similiar to a cease and desist letter Make them aware that any further contact can be through your lawyer. Also, did you send them a debt validation letter or dispute this entry with the CRA's? That might halt them in the meantime from pulling your file all the time. (Which you can easily find out by getting your own reports). Again, sorry that I did read more clearly that it was a CA.

 

[baker10]

Thanks Veronica. I will definitely send a cease and desist letter if the calls get out of hand. I have had no calls today so far. I did let this person know that if they continue to call that they had not better violate the law.
I can't have anyone contact an attorney until I have officially retained one and believe me when that happens in a week or so, that will be the only and final info that they get from me. This was not an easy choice for us and we have been trying to work out payments and keep things up all year, but it only gets worse and I am getting collection calls all day long between 8am and 9pm. My nerves are shot and we are barely getting by paying just normal bills. We had one really bad financial year and that's all it took to get behind and not be able to get our heads above water.

Tayla, not a problem at all. I appreciate your response and will keep all of this in mind as we go through this process. I still don't know why they even want to pull our report, unless it is for the reason to talk us out of the bankruptcy. Take care!

 

[jamied66]

For what it's worth, CA's are generally considered to have permissable purpose to pull a "hard" inquiry on your credit file if they have an account that is allegedly yours in their posession.