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SCUMCO pulled CR illegaly!!?

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zoltan35

Junior Member
CAMCO (SCUMCO) pulled CR illegaly!!?

What is the name of your state? CA
Hi,
My story is the same or similar to most others, 23yr old credit card debt (actually reported stolen in 1980). CAMCO calls 3 times in one day, rude to my wife because I am not home, then finally when they get me they want to settle for $700 or so on an alleged $2200 debt. Dude has my ssn, address, etc. Told them it was BS and to send me written proof, we go back and forth..so the bill comes, biggest bogus, mixed with legalese and moronese.
I did a research on the net, first the badbusinessbureau and then found this site today. Also searched BBB in Chicago. Interesting reading.

Problem: These scums ran an actual credit report with permissible purpose on TransUnion which remains on file for 2 years. I talked to Transunion and they said as far as they are concerned it's a legit inquiry ( like I applied for a card or a loan, or owe a legit debt!! ) Only way to get it off is by CAMCO. Best of luck to me!
Sent them (CAMCO) a C&D certified, rr, etc, also demanded that they remove the inquiry. Can they? Even if they can I doubt they would. I filed the FTC complaint, wrote to DA in my county, will file with the CA AG's office, and looking for blood! I also filed a fraud report with local PD.
From what I understand so far: they are not doing anything illegal by trying to collect on a non-performing, old debt as long as they don't threaten with legal consequences, lawsuit or neg. post on credit report. What I think is illegal that they pull the credit report and then use the information obtained from that report to make you believe the debt is legit and you are in big trouble.
Looking to join a class action lawsuit. I also want to get them for accessing my credit file under pretense. I am also contacting any media source I can think of, hopefully someone will do a report on these bloodsuckers. If they do, they may save a lot of people a lot of grief. SCAMCO is expanding, they have about 300 employees and get some tax breaks from IL State as well as from the city of Rockford :(
Anyways, I've read a lot of posts but not all, so anyone wants it, their street address is 303 N Main Street, Rockford, IL 61101-1018. Press release: www.rockfordil.com/CAMCO.cfm
Makes me sick!

Zol
 
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bigun

Senior Member
There are class action suits forming. Post this at www.cardreport.com with Camco in the title. You don't even need to register at that site.
A guy named Scott will answer and he has all of the info as well as contact info for lawyers working on the case. He'll give you an email address for more info. He's the same Scott that responds to Camco employees BS on ripoffreport's site.
 

JETX

Senior Member
"These scums ran an actual credit report with permissible purpose on TransUnion"
*** Actually, there ARE lots of conditions where a creditor (even one you do NOT have an account with) can run a credit report on you.

And though it is likely that they won't respond (which could be used to help you anyway), I would suggest that you first send a letter to Camco (certified RRR) asking them to tell you EXACTLY why they ran the report and under what 'permissable purpose'.
 

zoltan35

Junior Member
I'd like to check into this. If this is the case, any Joe, Jim, Bob and Mary could run a credit check on me, I'd have 6000 inquiries listed on my report, all permissible? I was under the impression that they can only run a hard inquiry on me if I either initiated a transaction that requires a credit check, or if I owe to a creditor. All others get a "behind the scenes" inquiry which doesn't show up on my report (Only to me). Most of my current creditors run a routine check on me but these don't show to anyone else
Could someone clarify this please?
 

HomeGuru

Senior Member
JETX said:
*** Actually, there ARE lots of conditions where a creditor (even one you do NOT have an account with) can run a credit report on you.

HomeGuru: JETX, for our readers, please list some of these applicable conditions.
 

JETX

Senior Member
"I was under the impression that they can only run a hard inquiry on me if I either initiated a transaction that requires a credit check, or if I owe to a creditor."
*** Wait a minute!! Who said anything about HARD inquiries?? I only said that there are LOTS of cases where a credit report can be legitimately run on a subject.

"All others get a "behind the scenes" inquiry which doesn't show up on my report (Only to me)."
*** See, even you admit that 'reports' can be run.

"Could someone clarify this please?"
*** Yep:

The FCRA shows the following PERMISSABLE conditions where a consumer report can be run (and not all require prior permission):

§ 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]

- In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.
- In accordance with the written instructions of the consumer to whom it relates.
- 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; or
(B) intends to use the information for employment purposes; or
(C) intends to use the information in connection with the underwriting of insurance involving the consumer; or
(D) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or
(E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or
(F) otherwise has a legitimate business need for the information
(i) in connection with a business transaction that is initiated by the consumer; or
(ii) to review an account to determine whether the consumer continues to meet the terms of the account.
-In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that
(A) the consumer report is needed for the purpose of establishing an individual's capacity to make child support payments or determining the appropriate level of such payments;
(B) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if required by those laws);
(C) the person has provided at least 10 days' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and
(D) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
- To an agency administering a State plan under Section 454 of the Social Security Act (42 U.S.C. § 654) for use to set an initial or modified child support award.
Source: http://www.ftc.gov/os/statutes/fcra.htm#604

And one thing that people overlook is that there are NO restrictions on anyone accessing the 'public record' portion of your report.

Also, some good information on the allowed (and NOT allowed) access can be found at:
http://www.brennanlaw.com/credit/cd/creditrights.htm

As you can see from the above, there are LOTS of conditions that would allow a person or company to access a consumer report even WITHOUT the consumers prior permission. And these do lead to a lot of abuse that would require further legal action to even determine whether that access was valid or not.

Bottom line.... just because someone or company ran your report without your permission, it is NOT automatically a violation of the FCRA.
 
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Ladynred

Senior Member
... and an inquiry for collection purposes, even it the debt is ancient, IS permissable purpose. You may be able to get it removed once you get rid of SCAMCO. I'd advise you to watch your credit reports though. SCAMCO has been known to deliberately poison a person's file, though they've been careful not to do that lately. They're under a lot of fire from a lot of different sources.
 

zoltan35

Junior Member
Thanks, JETX for your post. Either way I look at it, it's at least an abuse if not a violation.

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; or

In order for this to be the case I would have to have an account in collection. I do not. The "account" in question was in existence in 1980. The bank with whom I had the account has no records of me nor the account. Even if it were a valid debt,( the card was actually reported stolen in 1980) it's not legally collectable therefore I'd think that a hard inquiry in a collection attempt on a non-existent "account" is way out of line. I believe that this is one issue that CAMCO will fall on. Besides, the information they get out of this inquiry is being used to intimidate their subject and make people believe CAMCO is a legit collector on a legit debt long forgotten. I've read posts where CAMCO said to the person "I see the IRS put a lien on you in 2000, pay this bill now!"
Naturally that info came from the CR.
The sad part is that the lights are still on at CAMCO, so many many people pay them when they shouldn't. I really hope that I'll have a part in turning those lights off.

The other inquiries don't bother me, I could easily opt out if I wanted to. But I still say, to get a hard inquiry you'd have to have a legit reason, and CAMCO is far far away from having one.
 

JETX

Senior Member
I agree with you that this case appears to be a violation.

I was only disagreeing with the implication (assumption) that any request without written permission was an automatic violation.
 

zoltan35

Junior Member
Ladynred said:
... and an inquiry for collection purposes, even it the debt is ancient, IS permissable purpose.

I don't mean to be a hardhead, maybe I am trying too hard to hear what I want to hear :) BUT:

A debt is something you owe. According to the law ( or so I hear ) after the SOL that debt is gone, legally not collectable. It's written off, gone into never-never land.So it's not a debt. It is bad history but conveniently and easily forgotten. And here comes CAMCO to refresh our memories. But even they can't make it into a debt again. All they can do is ask, and they are not asking very nicely and their tactics are unethical,if not illegal, to say the least.

A quote from the Chicago BBB report on Camco, their "mission statement":
"Capital Acquisitions & Management Company also known as CAMCO purchases delinquent accounts either directly from the original creditors or from a subsequent holder of accounts. Any accounts that they are collecting on are believed to be owed and therefore now owed to CAMCO. It is important to remember that each state has its own Statues of Limitations applicable to unpaid debts which could be anywhere from four to ten years. However in most states, including Illinois, the expiration of that the Statue of Limitation merely extinguishes the right to sue on or other wise legally enforce the debt, and does not extinguish the debt itself. There does not appeared to be anything that prohibits a collector from seeking voluntary payment of the debt as long as the collector does no pursue or threaten the debtor with litigation. CAMCO will provide verification of the debt upon request and if CAMCO is unable to provide verification of the account the account is cancelled and will not be resold."

Key words here are "believed to be owed", "extinquishes the right to ...........legally enforce the debt" and "seeking voluntary payment" . They can believe whatever they want I believe a lot of things too, including that I SHOULD be winning the lottery :) But I certainly believe that CAMCO fraudulently obtains credit report under the pretense of being a legit credit collector collecting legit debts.

I am certainly going to pursue this issue, this is a violation of my privacy
 

JETX

Senior Member
"A debt is something you owe. According to the law ( or so I hear ) after the SOL that debt is gone, legally not collectable. It's written off, gone into never-never land.So it's not a debt."
*** Not true. Wat you seem to be confused by is the SOL (Statute of Limitation).

A debt lasts forever..... which is certainly far longer than SOL's last. And the owner of that debt can ASK you to pay the debt at anytime, again far past the expiration of a state SOL.

The only thing that the passing of the SOL does is to remove any LEGAL right that the debt owner has to FORCE you to pay. If he tries to force your payment by filing a suit, your defense is a simple 'the SOL has tolled making the debt unenforcable'. However the SOL passing does not prohibit the debt owner from ASKING for payment.
 

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