Credit pulled w/out permission - recourse??

[Anonymous]

Hello, newbie here. I'm hoping for some knowledgeable advice. Thanks in advance.

I just purchased a new car from a dealer and they pulled my credit after I specifically told the salesperson not to do so. I even wrote it on the "Credit Application".

The salesman told me that I had to fill out personal info on the form due to the Patriot Act. I put my address & SSN only (no salary/wages info), signed it and wrote "DO NOT PULL MY CREDIT" next to my signature.

I did not need any financing because I came in with a Capital One Auto Finance "Blank Check".

These morons still can't figure out who pulled it and why. At least that's the story from the salesman.

Aren't these idiots accountable even after I told them verbally and wrote it on the form? Any advice?

UPDATE:

I did some research on this issue because the auto dealer sales staff continued telling me "it's required by the Patriot Act". Fact is, the "Verification of Identification" in the Patriot Act only applies if you are applying for an account with a financial institution. Since I came in preapproved with a Capital One Auto Finance check, there was no need to apply for an account/credit. Even if they want to use a broader definition for their purpose of ID verification, they can inquire through the Office of Foreign Assets Control (U.S. Treasury Dept.) and verify ID without pulling a credit report. Hope this info helps some others here.

Also, I tried to explain the facts listed in the Patriot Act to the Sales Manager and he did not want to hear anything that I was telling him. He smuggly replied that he's been doing this since 9/11 and he will continue the same practice of pulling credit for every individual who walks in. Instead of butting heads any further with the liar, I filed complaints with the BBB & the FTC. Ha ha, take that. Oh, yes, I will have the last laugh. I hate deliberate predatory behavior like this. I think they were expecting me to just shut my mouth and take their abuse like every other head of cattle they run through there.

BTW, the sales staff that illegally pulled my credit is at Allen Hyundai in Laguna Niguel, CA. Please beware if you are going to do business with these guys or any other dealer pulling the same B.S.

Message Edited by jd400rr on 08-28-2007 09:50 PM

[Anonymous]

jd400rr wrote:

Hello, newbie here. I'm hoping for some knowledgeable advice. Thanks in advance.

I just purchased a new car from a dealer and they pulled my credit after I specifically told the salesperson not to do so. I even wrote it on the "Credit Application".

The salesman told me that I had to fill out personal info on the form due to the Patriot Act. I put my address & SSN only (no salary/wages info), signed it and wrote "DO NOT PULL MY CREDIT" next to my signature.

I did not need any financing because I came in with a Capital One Auto Finance "Blank Check".

These morons still can't figure out who pulled it and why. At least that's the story from the salesman.

Aren't these idiots accountable even after I told them verbally and wrote it on the form? Any advice?

Do you have the form?  Tell them to remove the inquiry if they dont request a copy of the form.  You may file a complaint with the FTC but car dealers are notorious for these tactics.  The salesman gets a cut of the loan origination if he could better deal Cap One. I'd let them know that I was going to make the FTC aware of the fact thatthey pull clients credit files even after getting written instruction not to.  But first have the paper in your hand.

Had something simillar with a new cable company.  Was thinking of changing asked rep if pull would be hard are soft insured soft. The next day I get an alert for a hard.  I had already set up the service and because of my internet needs would have been a high dollar acocunt.  They had a choice to remove it or loosete account.

Message Edited by Brammy on 08-24-2007 06:24 PM

[Anonymous]

Thanks for the advice.

I also called the CRA (EXP). They told me that even if the dealer did it "by mistake" that it would still remain because the inquiry is factual. The only thing she said the dealer could do is to recode the inquiry so it is a soft.

Don't know though. I'm just mostly ticked because I specifically told this guy not to pull it and the inquiry stays on for 2 years no matter what. I read up on it about a year ago and I couldn't find anything stating that CRA's have to keep the inquiries on record for 2 years. I think it's more of an "industry standard".

BTW, I'm actually going back to the dealer tomorrow. I'll get a copy of the form while I'm there.

Message Edited by jd400rr on 08-24-2007 03:32 PM

[Anonymous]

I had something similar happen to me at my bank when I asked a mortgage question. The banker asked me for my social. I said no inquiry, just learning. The banker said he just wanted to lookup my account by my social in his banking system. Bamm, hard inq. They can remove them. You can also, and I highly recommend, ask for it in writing that they did not have permission and it was done by mistake on a dealership letter head. You can then dispute it your self to have it removed. But of course first try to make them remove it on the spot by fax to the CRA. You should be fine. Experian is pretty hard to work with, but I think as long as you have it in writing stating in error, should be removed in 3 to 5 days. Good luck with the dealership. They don't like to admit responsibility. I think you might be entitled to some money as I read about this on other posts, but you need proof in writing. Sorry to hear this trouble. Inquiries stay for 2 years, however they are only factored in to FICO for 12 months.

[Anonymous]

---

jd400rr wrote:

Thanks for the advice.

I also called the CRA (EXP). They told me that even if the dealer did it "by mistake" that it would still remain because the inquiry is factual. The only thing she said the dealer could do is to recode the inquiry so it is a soft.

Don't know though. I'm just mostly ticked because I specifically told this guy not to pull it and the inquiry stays on for 2 years no matter what. I read up on it about a year ago and I couldn't find anything stating that CRA's have to keep the inquiries on record for 2 years. I think it's more of an "industry standard".

BTW, I'm actually going back to the dealer tomorrow. I'll get a copy of the form while I'm there.

Message Edited by jd400rr on 08-24-2007 03:32 PM

---

I would send them a certified letter stating that you are giving them 1 week to change the inquiry, if not you will contact the ag, bbb, and your attorney and sue them for as much as you can get

[Tuscani]

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=3900

[Zerohot]

Hi all,

I'm new to this board but I consider myself pretty good w/ credit. In any event, CITIBANK did the same thing to me a couple weeks ago. I asked the CSR a simple question about updating my household income since the amt on file was pre-marriage and pre-several raisies. My motivation was fueled by the premise that my HHI + CITI acct perf + overall credit profile determines the size of my increases when using their nice little online CLI feature every 3-6 months.

Well, the CSR said, "no problem I can help you". He took my new household income and 15 seconds later said that the info was updated. Little did I know that he submitted a CLI request for $100.00 (the min amt allowed on their form). I learned of this after receiving a credit alert two days later showing a hard inquiry from CITIBANK.

I immediately called CITI and a new CSR informed me that the previous guy was completely wrong for doing so (esp. since I did not ask for a CLI). Long story short I'm waiting on a response from CITI. I sent a certified letter to them requesting that the hard inquiry be removed since they did not have a "permissible purpose" or my direct authorization for doing so. I'm going to give them 30-days to oblige else I'll file a direct dispute with the CRA showing my certified mail receipt and letter as proof that I tried to resolve the issue with the reporting entity and that my request was ignored.

[urlosin]

I can see why you would be upset about this, but if I were you I would get over it and stop causing yourself grief. If it was done within 14 days of the blank check inquiry it won't affect your credit anyway. You need to ask yourself if it is really worth the trouble just to have an inquiry removed from your bureau. If you really want to get back at them contact the state Attorney General. They lied to you when they said they needed you to put SS# on a credit app. If you are not financing a car with them you should not have even touched a credit app (although I would have let them shop for a better rate than Cap One). The only thing that is required is a photo copy of your drivers license. AG's notoriously hate car dealers and will most likely step up to your cause. Good Luck!

[Anonymous]

---

urlosin wrote:
I can see why you would be upset about this, but if I were you I would get over it and stop causing yourself grief. If it was done within 14 days of the blank check inquiry it won't affect your credit anyway. You need to ask yourself if it is really worth the trouble just to have an inquiry removed from your bureau. If you really want to get back at them contact the state Attorney General. They lied to you when they said they needed you to put SS# on a credit app. If you are not financing a car with them you should not have even touched a credit app (although I would have let them shop for a better rate than Cap One). The only thing that is required is a photo copy of your drivers license. AG's notoriously hate car dealers and will most likely step up to your cause. Good Luck!

---

I understand the OP being upset.  His credit report is his/her info, pretty personal info at that, and NO ONE has a right to look at it without permissable purposes. It was none of their business what his credit profile looked like if he was not seeking credit from them.  Just like its no one's business what my tattoo is unless I decide to share.

Message Edited by Brammy on 08-25-2007 07:04 PM

[Anonymous]

Update:

I did some research on this issue because the auto dealer sales staff continued telling me "it's required by the Patriot Act". Fact is, the "Verification of Identification" in the Patriot Act only applies if you are applying for an account with a financial institution. Since I came in preapproved with a Capital One Auto Finance check, there was no need to apply for an account/credit. Even if they want to use a broader definition for their purpose of ID verification, they can inquire through the Office of Foreign Assets Control (U.S. Treasury Dept.) and verify ID without pulling a credit report. Hope this info helps some others here.

Also, I tried to explain the facts listed in the Patriot Act to the Sales Manager and he did not want to hear anything that I was telling him. He smuggly replied that he's been doing this since 9/11 and he will continue the same practice of pulling credit for every individual who walks in. Instead of butting heads any further with the liar, I filed complaints with the BBB & the FTC. Ha ha, take that. Oh, yes, I will have the last laugh. I hate deliberate predatory behavior like this. I think they were expecting me to just shut my mouth and take their abuse like every other head of cattle they run through there.

BTW, the sales staff that illegally pulled my credit is at Allen Hyundai in Laguna Niguel, CA. Please beware if you are going to do business with these guys or any other dealer pulling the same B.S.

Message Edited by jd400rr on 08-28-2007 09:46 PM