How to stop a collection agency from accessing my credit report?

Question

I keep finding collection inquiries from Portfolio Recovery Associates (PRA) on my credit report. They claim I owe them for a bank card that was unpaid in the 1980's. But I asked that bank, and they said there was no such account. But PRA ignores my disputes. Is there a legal way to make sure they can never access my credit file again? Each time they access it, my credit score goes down. And if anyone looks at my credit report to see if I'm a good risk, they will find collection inquiries there, and might deny my application.

Answer 1

You're dealing with one of the bottom feeder collection agencies here. Even if this debt were real it should be off your credit report due to it being beyond the 7-year allowable time frame for reporting negative items like charge-offs.

Send PRA a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting:

- Written validation of this alleged debt and that said alleged debt is within the statute of limitations

- Cease all verbal communications with me about this alleged debt.

Send the credit bureaus a letter via Certified Mail + Return Receipt stating:

Per the Fair Credit Reporting Act, I am requesting validation of this alleged debt and validation that it is being reporting within the 7-year time frame as allowed under the Fair Credit Reporting Act

Read up on the Fair Debt Collection Practices Act and understand your rights:

Answer 2

Slimick is on the right track......but let me put some "teeth" into his answer.

Has the collection agency send you a letter informing you they are attempting to collect a debt?  If not, they are in FDCA and FCRA violation.  Here is why.

In order to pull your credit report, they must have a "permissible purpose" for pulling it.  Collection of an old debt is considered permissible.  But a collection agent can not do "collection activities" unless they have informed you of that fact.  

What you need to do is file a dispute with the credit bureau informing them that this agency has illegally pulled your credit report.  What will probably happen is they will state you were informed of the fact they were collecting the debt.

Next, send them a "demand to validate" letter, but this time make sure it includes a FULL cease and desist order.  Tell them NOT to contact you in any way, shape, or form.

In this letter, inform them that this debt has far exceeded the Statute of Limitations, and it is no longer legally collectible.  

What this letter does is:

1) Lets them know that you are aware of your legal right, and if they attempt to sue you for this debt they can not possible win.  They will only be tossing away good money.

2) It will prevent them from calling or writing to you.

3) Until proper validation has been performed, they are prevented from taking any "collection activities".  Hey!  Guess what!  That includes pulling your credit report!

Be sure to send all letters by certified mail/return receipt so you can prove everyone was notified.  

And be ready to file a lawsuit.  Unless they can prove they sent you an "attempt to collect" letter, they have violated FCRA laws and you can sue them.

Answer 3

Studly hit the nail on the head!  I mean, there isn't much more to say than that!

I'll add.....please make sure you make all of your correspondence is post marked within 30-45 days of their dated letter.  Anything after that date range can be deemed invalid unless you have a really good reason for such a delay!

Good Luck!

Answer 4

Call PRA ask that all pertinent information be forwarded to you writing.  Check over what is sent and take to bank for their perusal.  If this is an unfound allegation ask the bank to contact PRA and clear your record.  Otherwise you will hire a lawyer.   Good luck