You betcha! but you might want to make sure and wait for another person here to confirm my answer as I am not completely sure. Better yet, why don't you e-mail the Lending Tree guys because they can answer your Lending Tree question better...

I don't think they'll be able to prove it. This account originated in 1999 when I bought a computer from Gateway. A month later, I got a better deal from Compaq and attempted to return the computer to Gateway. They wouldn't let me (return policy is 30 days, I called on like the 37th day). So, in a fit of total stupidity, I decided not to pay for the computer. The acct was sold to Hurley State Bank.

Now, it's back. EMCC, Inc has given me no proof. And in a letter to me they stated that the acct originated through YourBank.com (never heard of it) and was for an online computer order. I ordered the computer by phone (and no longer have it by the way...long story). Do you think they have proof that they aren't providing to me?What kind of proof is sufficient for judges?.

TIA.

-LB..

You going to lie in court? you got the computer so what are you saying that you owe nothing for it? if you wanna lie and put the burden of proof on them, that is your choice. I imagine that they need a record of some sort to prove that they mailed it to you, maybe just a letter saying that they mailed it to. good luck..

I think we lost each other along the way..I'm not lying to anyone or in any court. I'm suing them for their FDCPA violations not the money owed. Do you get it now??? Good. Now, on to my question...is it ok for them to pull an inquiry without verifying the debt?.

-LB..

As I said, if it is a VALID debt, then yes. You have to realize that many of the CA are liars, liars liars, now you know that I am sure you knew that. :).

They are supposed to cease collection if they fail to validate. They did not validate and they MAYBE are not ceasing collection by pulling your report. So, that sounds like maybe a violation, ok....

Now think about what the CA will say, and I am not defending them or saying that you are "wrong," I just being realistic, ok?.

The CA goes and gets whatever paperwork they would need to show that it is a VALID debt and they say that they sent it to you via 1st Class Mail. Now they have validated and everything that they have done is legal. Is it true? Course not!.

That is why I said in my first post, if it is a valid debt (should have added "and they can prove it") then they win. If it is not valid OR if they can't prove that it is valid, then you win!..