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False inquiry

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DerekD
New Contributor

False inquiry

So a company called lobel financial who are a auto loan company pulled my credit. However, I have never applied for a loan of any type. I called them and verified I have no account with them. They asked for a copy of my credit report twice because for some reason after the first time I sent it the claim it was never received which is bs. They claim they will get back to me in 5 business days but after follow up multiple times after that they still fail to do so. What should I do?
Message 1 of 5
4 REPLIES 4
09Lexie
Moderator Emerita

Re: False inquiry


@DerekD wrote:
So a company called lobel financial who are a auto loan company pulled my credit. However, I have never applied for a loan of any type. I called them and verified I have no account with them. They asked for a copy of my credit report twice because for some reason after the first time I sent it the claim it was never received which is bs. They claim they will get back to me in 5 business days but after follow up multiple times after that they still fail to do so. What should I do?

Have you been auto shopping recently?

Message 2 of 5
DerekD
New Contributor

Re: False inquiry

No
Message 3 of 5
09Lexie
Moderator Emerita

Re: False inquiry

I'd be concerned on how a company you have no accounts with nor inquired with has your personal information.  Besides this creditor, are there any other inq's or TLs that you do not recognize?

Message 4 of 5
RobertEG
Legendary Contributor

Re: False inquiry

Ultimately, you could file a complaint with the CFPB, but I would first attempt to gather a bit more info to provide some investigation of the matter, which would strengthen any subsequent complaint to the CFPB asserting a pull without permissible purpose.

 

Bottom line is that anyone requesting your credit report must file a statement of permissible purpose with the CRA before the CRA is authorized to fill the request.  FCRA 607(a).  So their stated permissible puspose must be of record in your credit file.

 

To mount an assertion of lack of permissible purpose, you should have a copy of what they filed.

FCRA 609(a)(1) permits a consumer to request any information of record in their credit file, so you can send a formal 609(a)(1) request to the CRA, and request a copy of their statement of permissible purpose.  Section 609(a)(1) requests must be accompanied by proof of your identity and the authorized CRA processing fee, which is curently $11.00.

 

If you wish to forgo the step of first securing the evidence, you could simply file a dispute of the accuracy of their pull of your credit report.  The problem with that approach is that the CRA will usually accept the stated permissibe purpose provided by the requestor that is in their files, and will traditionally simply verify the accuracy of the dispute, or simply dismiss it.  You cannot file a direct dispute with the requestor, as all issues related to credit inquiries are specifically exempted from the direct dispute process.

 

Having taken those steps with no sucess, you would have good support if you ultimately file a complaint with the CFPB.

 

Note, additionally:

"FCRA 619  Obtaining information under false pretenses

Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both."

 

 

 

 

 

Message 5 of 5
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