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Portfolio Recovery Doing Monthly Soft Pulls on my Experian


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I have excellent credit scores across the three credit bureaus with no collections of any kind. I did have collections more than 7 years ago but all items aged off a long time ago through statute of limitations in California. However Portfolio Recovery is doing monthly soft pulls on my Experian credit report since 2019. How do I resolve this? Is there a letter I can send to Experian or Portfolio Recovery or both to stop the soft pulls without reviving a zombie debt? 

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If you are absolutely certain that you have nothing that could pop up onto a report, there is absolutely nothing wrong with sending a no-permissible-purpose letter.  You don't have to acknowledge having any unpaid issues that had simply aged off.  You just indicate that you have no outstanding obligations and want to know what in the hell they are accessing your report on a recurring basis. 

 

Make absolutely certain you understand ALL provisions of law in your jurisdiction before you tailor a letter.  DO NOT, under any circumstance, simply send cut-and-paste tripe.

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Unless you have a state law that prohibits attempts to collect beyond SOL, they can attempt to collect forever.

 

FCRA spells out permissible purpose for a bureau to provide your credit report to one of their subscribers:

 

(3)To a person which it has reason to believe—

(A)
intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; 
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4 hours ago, cv91915 said:

Unless you have a state law that prohibits attempts to collect beyond SOL, they can attempt to collect forever.

 

FCRA spells out permissible purpose for a bureau to provide your credit report to one of their subscribers:

 

(3)To a person which it has reason to believe—

(A)
intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; 

Exactly correct what CV said. The debt may be too old to report on a credit file let alone collect in court but if never paid, soft pulls can be done.

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They cannot "attempt to collect forever." They can ask nicely, but that's about it. Considering they have no LEGAL means to collect this (you must raise the SOL defense if they try) they have no permissible purpose IMO. The FCRA provides a purpose for purposes of litigation; they cannot litigate without violating the FDCPA, which can be argued against them. In some circuits, credit reporting is considered collections. From what I hear, tho, soft pulls don't impact your score and do not cause you any harm, which will affect standing in court.

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3 hours ago, legaleagle2012 said:

They cannot "attempt to collect forever." They can ask nicely, but that's about it. Considering they have no LEGAL means to collect this (you must raise the SOL defense if they try) they have no permissible purpose IMO. The FCRA provides a purpose for purposes of litigation; they cannot litigate without violating the FDCPA, which can be argued against them. In some circuits, credit reporting is considered collections. From what I hear, tho, soft pulls don't impact your score and do not cause you any harm, which will affect standing in court.

 

No one in this thread is suggesting that there will be litigation, or that litigation would be successful if attempted and the SOL defense is raised.

 

They can mail collection letters (with appropriate disclaimers) forever after the SOL has expired.  Collection letters by definition are also collection activities; in fact they're much more direct in their purpose than a softie.

 

These soft pulls are just another collection tool when litigation is no longer a viable option...  just like mailing letters that are legally conforming that ask for a small settlement 15 years after an account was charged off.

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Where I have helped a few collect dinner checks is to advance a claim of continued collection activity if it was related to an account that they had previously disputed.  Who knows how a court might actually rule on the issue, but the argument was couched in a manner that it was far cheaper for entities improperly pulling reports to cough up a few hundred bucks in exchange for NOT going up against me...

 

That they are soft pulls does not negate the issue of permissible purpose where the claim has previously been placed into a material dispute that was never resolved.  There are also some instances where an entity had previously been placed on notice in a manner that impacted not just their current holdings but ALSO any future holdings.  This part of the structure is helpful with respect to claims under Texas law that required showings of gross malfeasance. 

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No one in this thread is suggesting that there will be litigation

 

Litigation isn't up to anyone commenting on the thread, it's up to the creditor. Good legal "advice" sets out ALL the possibilities and treats them on an individual basis.

 

Depends on what the letter says. Disclaimers are not required in all states or circuits, but any threat of legal action to collect a time barred debt  is a  no-no. The standard is the least sophisticated consumer. Read Clomon v. Jackson, 2nd Circuit. There are similar holdings in all circuits.

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3 hours ago, legaleagle2012 said:

No one in this thread is suggesting that there will be litigation

 

Litigation isn't up to anyone commenting on the thread, it's up to the creditor. Good legal "advice" sets out ALL the possibilities and treats them on an individual basis.

 

Depends on what the letter says. Disclaimers are not required in all states or circuits, but any threat of legal action to collect a time barred debt  is a  no-no. The standard is the least sophisticated consumer. Read Clomon v. Jackson, 2nd Circuit. There are similar holdings in all circuits.

 

Your logic is going in circles.  It started here.

 

On 4/28/2021 at 2:23 AM, legaleagle2012 said:

They cannot "attempt to collect forever." They can ask nicely

 

I'm tapping out of the thread.

 

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4 hours ago, hdporter said:

Good chance we've "scared" another one off ... would you recommend someone come to this group for assistance if your first exposure was this thread?

 

I would think, "Wow, people come here and ask questions, and then never see the variety of opinions that are offered in response."

 

 IPP3q9D.png 

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