Collection Agencies - How many time a CA can make a hard inquiry? - Canada

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RE: How many time a CA can make a hard inquiry?

Postby average_joe » Tue Apr 05, 2011 09:48:45 AM

Monty,

Re: How many times did you give the collection agency written permission to do a hard inquiry? You need to give the collection agency consent to collect or disclose your information in some form or another.... If you don't give them permission, they can't do a hard inquiry.

If this true; I have twenty seven hard inquiries on my Trans Union credit file without written permission. Do I write to the privacy officers of these collection agencies and request to have my hard inquiries removed?

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RE: How many time a CA can make a hard inquiry?

Postby average_joe » Fri Feb 12, 2010 09:32:06 AM

I believe if you ask member RichardC he might be able to give you an answer because he worked in the collection industry years ago.
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RE: How many time a CA can make a hard inquiry?

Postby Millie P » Fri Feb 12, 2010 09:04:54 AM

This is the Ontario legislation on the issue.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c33_e.htm

I've read it but it isn't possible to determine from the legislation. I'm going to search for case law but I'm not sure if I'll find any.

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A question that would be useful knowing the answer to is what information does a person doing a hard inquiry get that they don't get with a soft -- if there even is a difference?

If there isn't a difference I think that might help.
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RE: How many time a CA can make a hard inquiry?

Postby orestes04 » Fri Feb 12, 2010 08:42:29 AM

Would welcome any conclusions you can draw. I have 8 hard inquiries from C/As over the last three years.

I missed this earlier, but the absolute worst is 2 hard inquiries from the same agency (with the same contact info) spaced exactly 2 days apart.

I don't see how anyone can make a case for that being a legitimate business need / requirement.
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RE: How many time a CA can make a hard inquiry?

Postby Millie P » Fri Feb 12, 2010 06:57:47 AM

I'd like to revise my earlier position. It seems that the answer is not very clear cut.

The ability to do a hard inquiry is determined by how you define a legitimate business purpose.

In the States there is case law on this (disallowing it) but I still haven't found anything for Canada.

No matter what there will be a limit to the frequency. I don't believe it is possible to make a claim that doing a hard pull frequently can be for any legitimate business purpose.

The question comes down to is there a legitimate purpose for a hard pull over a soft pull or are collection agencies just doing it to be punitive?

I'll have to do more research before I can answer that. Hopefully by the end of the weekend I should have a better idea.
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RE: How many time a CA can make a hard inquiry?

Postby average_joe » Thu Feb 11, 2010 02:49:30 PM

I wouldn't bother with the credit bureau. I am getting help on this issue tomorrow and hopefully they find the answers for us.

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RE: How many time a CA can make a hard inquiry?

Postby Smither » Thu Feb 11, 2010 02:06:05 PM

What can I do? Ask Transunion to remove the hard inquiry? Or ask the CA to remove it? Sound they'll laugh at me..
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RE: How many time a CA can make a hard inquiry?

Postby Millie P » Thu Feb 11, 2010 11:18:45 AM

To obtain information yes but there is no way that they are allowed to do hard pulls.

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RE: How many time a CA can make a hard inquiry?

Postby Bill K. Lecter » Thu Feb 11, 2010 10:46:21 AM

The original contract will likely contain a clause stating the creditor /or their agents/ can contact the CB to obtain information, etc., etc.,
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RE: How many time a CA can make a hard inquiry?

Postby montyloree » Mon Feb 08, 2010 12:25:03 PM

So I suppose they do it in the name of TD

Well... no they don't..
Collection agencies are separate companies which have to have your separate permission to collect and disclose your personal information.
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