Can my wife authorize an inquiry on my credit file?

[Anonymous]

 

Here is the most abridged version I can come up with. I don't know if it belongs here, my apologies if it does not, I couldn't find a suitable category elswhere.

Bought house in July. Suburban Propane had a tank already hooked up from the previous owner. Propane delivery truck came to lock up the tank, I asked to set up an account, it was a weekend so they could not do it then. He took my contacts and had a rep call me during the week. They came to perform a leak check while I was at work. They had her sign the safety paperwork, and other “stuff” in her terms. It turns out the “other stuff” was a 3 year contract. She signed her name where my name was. She is not listed on the account, she is not on the mortgage either. I am buying my own tank to save money on this utility bill, I called today to cancel this months delivery. They told me I was bound by a contract and since I wrote a check for a propane bill I had entered into the contract. This was the first time I every heard of this contract, I don't agree that my wife can enter me in any kind of contract but laws are laws so be it. I never would have signed a contract for a utility I had them fax this contract for my review. In it, there is an authorization to pull credit. She signed this contract, I never agreed to have Suburban check my credit. Sure enough, there is an inquiry.

I found this:

From the FCRA § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

Any person who procures a consumer report under false pretenses, or knowingly without a permissible purpose, is liable for $1000 or actual damages (whichever is greater) to both the consumer and to the consumer reporting agency from which the report is procured."

So, apparently she can sign me into a contract, but can she authorize a company to check my credit, and can they knowingly check my credit without my consent?

[Anonymous]

I'm not an attorney, so I am using only my limited knowledge of law in combination with devil's advocate logic:

If you did not enter into and did not authorize your wife to enter on your behalf, why did you not immediately notify, why did you accept delivery, why did you utilize the product and why did you issue a check as payment?

Not all contracts are written, there are oral, implied and those set by precedent.  When you act in a certain way, especially in paying money for services, you set a precedent of sorts.  When money, especially a check which is issued and cashed, exchange hands, there is an implied relationship. 

I am not telling you that you have no recourse, because I would be lying to you if I said I knew for sure.  But I think you would be pretty hard pressed in this case.  Your wife did sign.  Do you live in a community property state?  There is also something called the "Doctrine of Necessaries" which usually relates to the "necessities" of life which include food, housing, medical, and most likely heating (gas).  So, you can be sued for a contract your wife entered into that is deemed under necessaries.

Necessaries stems from old common law to protect wives from neglective husbands.  Wives could not own property, so it became common law that the husband was responsible for the necessaries she obtained.

Many states have written statutory laws to update or replace the common law necessaries, but it is pretty common for most states to recognize or enforce some version of necessaries.  AND, many CA's use necessaries to come after a spouse for medical collections, utilities, housing, etc.

WITH THAT SAID:  You stated that you verbally attempted to enter into some sort of delivery from them.  Unless you expected to pay cash in advance, you asked for credit.  A creditor has permissable purpose when you ask for an extension of credit, such as utilities (gas).  I believe you said the reason you did not conclude some type of transaction was because it was a weekend and the office was closed.  Even had you not elected to go with a three year contract, you would have been subject to an inquiry to determine if they wanted to supply gas to you, would require a deposit and potentially part of terms.

Forgive my long winded post.     I just wanted to give you the relevant information I had.

Message Edited by txjohn on 03-27-2009 04:23 PM

[Anonymous]

Thanks, have been waiting for a reply

I understand what you're saying, and if I had known at the time there was a contract of any kind I would bought my tank last summer instead of putting it off until this spring. I did not know there was any type of contract involved at all. I new homeowner, and I assumed that this utility was like any other. Electric, for example. If I went off the grid I could terminate my service at any time. I thought it was just a regular bill, like the electric or cable and I could go with someone else whenever I felt like it. I don't believe NY is a community property state.

Very interesting history regarding the "Doctrine of Necessaries". 

The agreement was sort of "cash on delivery", I did not have to pay any up front fee, they topped off the tank every month and mailed a bill.

They did agree that her signiture did not bind me to the contract. According to them, it was a check I had written in Jan. '09 that entered me into this contract. I believe this was the only time I paid the bill, she paid it every other time.

I'm looking for leverage, and the only thing I've got is the fact that pulled my report with her signature, not mine. If this is in violation of the FCRA, I've got some cards in my hand to get out of the contract I never agreed to.

Thanks again,

[Anonymous]

Actually, many Electric Companies require contract or obligation terms ranging from 6 months to 3 years....unless you want to get murdered with month-to-month electric rates....OUCH!

Utilities can check your credit.  Usually they soft pull your CR....I guess these guys don't.

Never assume that you don't have obligation when you accept services, until you have read the fine print.  When you accept services (like on a credit card even) they often state that in addition to or in lieu of a signature, your use of services constitutes acceptance to terms.

Oh, and just for FYI:  New York is not community property, it is an "Equitable Distribution" state, which is sorta kinda related to commuity property.  It just doesn't go to the extreme H/She get's half without consideration to circumstance and contributions of the marital partners. 

Anyway....most likely the delivery, acceptance, use, payment, signed contract (by wife) and law of necessaries in combination will make it somewhat less than a slam dunk for you.

You may just want to ask them what the liquidated damages are (early termination fee) to get out earlier than the 3 years.  If the cost of termination is less than the savings you would realize by ending the contract, you may want to consider it anyway....then you have the freedom to do as you want and still save some money in the process.

OH, And I'm pretty sure that they have a permissable purpose even without the signed contract or your wife's signature.  If you requested services, I'm pretty sure that gives them access.

Message Edited by txjohn on 03-27-2009 05:00 PM

[Anonymous]

DOH! It's a $500 early termination fee. A small price to get this company out of my life once and for all. Thanks for your advise, wasn't quite what I wanted to hear but I appreciate it.  She owes me a day of fishing!  I'm going to bring up the inquiry question to them on Monday, will post if there's a favorable outcome.

Thanks again.

[Anonymous]

Hey, if you get it back "in trade," then that $500 may be a great deal! 

[Uborrow-Upay]

In my household, nothing gets signed for any reason until I've read it and authorized it for signature, period.

I'm the fine print guy.  She is not.  We've painfully discovered this over time.

Establish this now in your household, or even better, nothing gets signed for any reason until you've both read it and authorized it for signature.

Two heads are better than one, and your married life is, after all, a partnership.  If it's treated that way, it saves a lot of yelling later on, and perhaps even a divorce.

Belated congrats on the new home, and all the best for the future! 

[Anonymous]

Having me look at everything is now our policy. We've been together since we were kids and aren't really the fighting type of people. I don't blame her for following the directions from this sleezy company, they never mentioned a contract to her either. It doesn't matter, I yanked their tank off my house, hooked up my new tank and told them their junk is in my ditch waiting for them to pick up.

[Anonymous]

Same here....my wife doesn't like the details and prefers me to handle that.  So, we have that partnership agreement in that arena, I walk point to scout for pitfalls and traps in the fine print and she brings up the (lovely) rear! 

[Anonymous]

As for the inquiry, it only affects score for the first 12 months.

By the time you could get it removed, it would not be affecting you any longer anyhow.

IMO, it isn't worth the time it would take. Inquiries are overated.