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Hard Inquiries that were not authorized...please help

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Anonymous
Not applicable

Hard Inquiries that were not authorized...please help

Hello,

I am in battle mode right now.  Last September, of '14, I acquired auto loan financing throuh Cap one.  For one, we used them in the past, and two, at the time, my credit was pretty bad.

 

I am in sales, and know all about the shady litle tricks auto dealers (not all) will perform to get you to do financing with them.

 

That said, I went in with my financing secured, and knew the car I wanted.  At the end, after I ignored his 4/square penciling method line of questions, we decided to close and I said I had financing.

 

My Mother went with just for fun...crazy, right?

 

He claimed he could get better financing options and I declined.  I never signed a document....

 

Long agonizing story short?  I see 6 HCI's on my TU report on the same date of the purchase of the vehicle.  I was enraged.  So, I sent letters to TU, the lenders, and the Auto Mall where I purchased the car.  

 

3 weeks later, I get an apology phone call from the General Manager stating their investigation showed that I indeed did not give permission and he was sorry and would work with me.  He said I needed to initiate the action, which I did.  Now, he needs to contact those 6 lenders...

 

Does anyone have experience in this?  I sent the letter to him, with all the creditors info for him to contact and request the removal of those inquiries.  I sent it return receipt and certified.  I have the ase file with TU, the rep name, and the other lenders have also been written.

 

That is a total of 9 inquiries for TU and I am trying to get a higher CL CC and this is a huge red flag.

 

Any insights or personal experience would be so greatly appreciated.  I am spending a lot here in certified/return receipt mail!!!  LOL!!

 

Again, thanks in advance!

 

****FRUUUUUUSTRATED!!!!*******

Message 1 of 21
20 REPLIES 20
DaveInAZ
Senior Contributor

Re: Hard Inquiries that were not authorized...please help


@Anonymous wrote:

Hello,

I am in battle mode right now.  Last September, of '14, I acquired auto loan financing throuh Cap one.  For one, we used them in the past, and two, at the time, my credit was pretty bad.

 

I am in sales, and know all about the shady litle tricks auto dealers (not all) will perform to get you to do financing with them.

 

That said, I went in with my financing secured, and knew the car I wanted.  At the end, after I ignored his 4/square penciling method line of questions, we decided to close and I said I had financing.

 

My Mother went with just for fun...crazy, right?

 

He claimed he could get better financing options and I declined.  I never signed a document....

 

Long agonizing story short?  I see 6 HCI's on my TU report on the same date of the purchase of the vehicle.  I was enraged.  So, I sent letters to TU, the lenders, and the Auto Mall where I purchased the car.  

 

3 weeks later, I get an apology phone call from the General Manager stating their investigation showed that I indeed did not give permission and he was sorry and would work with me.  He said I needed to initiate the action, which I did.  Now, he needs to contact those 6 lenders...

 

Does anyone have experience in this?  I sent the letter to him, with all the creditors info for him to contact and request the removal of those inquiries.  I sent it return receipt and certified.  I have the ase file with TU, the rep name, and the other lenders have also been written.

 

That is a total of 9 inquiries for TU and I am trying to get a higher CL CC and this is a huge red flag.

 

Any insights or personal experience would be so greatly appreciated.  I am spending a lot here in certified/return receipt mail!!!  LOL!!

 

Again, thanks in advance!

 

****FRUUUUUUSTRATED!!!!*******


No, you didn't need to initiate the action - I've read many times here that the consumer cannot dispute an inquiry with a CRA, only a lender can remove one. The auto mall manager needs to contact the 6 creditors himself, explaining there was an error, they had no authorization for applying for credit on your behalf, and ask the creditors to remove the application for credit they reported.

 

In the future, if you don't intend to app for credit with someone, don't give them your Soc. Sec.# and DOB - they couldn't have applied for credit on your behalf if they didn't have that.

Message 2 of 21
gdale6
Moderator Emeritus

Re: Hard Inquiries that were not authorized...please help

If you dont get satisfaction an ITS (Intent to sue) letter to the dealership and each of those who pulled your credit should snap them into action.

Message 3 of 21
Anonymous
Not applicable

Re: Hard Inquiries that were not authorized...please help

Thank you.  I didn't realize that when filling out a legal aplication that requires that information for purchase, that  could omit that info.  It is, however illegal, to run my credit without authorization. 

Message 4 of 21
Anonymous
Not applicable

Re: Hard Inquiries that were not authorized...please help

THAT...is what I will hold onto as the ace in hand.  Thank you for your response, I appreciate it.

Message 5 of 21
RobertEG
Legendary Contributor

Re: Hard Inquiries that were not authorized...please help

You most certainly can dispute inquiries with a CRA.

If you have documentation or admission that a party did not have permissible purpose, then the inquiry was improper.

FCRA 611(a) permists a consumer to dispute the acuracy of any information of record in their file.

It is only the direct dispute process that exempts credit inquiries.

 

CRAs are very strict, treating inuiries as facts unless one can clearly document a lack of permissible purpose.

However in the rare case where the inquiree admits lack of permissible purpose, the inquiry can be disputed and removed.

 

If the CRA fails to delete, then I would send a complaint to the CFPB.

Message 6 of 21
Anonymous
Not applicable

Re: Hard Inquiries that were not authorized...please help

Thank you Robert.  I have been buried in legal rhetoric over this and I was fairy certain CRA's could deal with this dispute, I just didn't want to rebut that truth.  I have had some good response for hope on this, but like Tom Petty once said...."The waiting is the hardest part..."

 

And..."I won't back down"

 

OK...enough TomPetty!!!

Message 7 of 21
DaveInAZ
Senior Contributor

Re: Hard Inquiries that were not authorized...please help


@Anonymous wrote:

Thank you.  I didn't realize that when filling out a legal aplication that requires that information for purchase, that  could omit that info.  It is, however illegal, to run my credit without authorization. 


When you have your own financing you don't need to fill out any 'application' to purchase, that was a credit app. The only info the dealer needed was your name & address for processing the tilte & registration. I just bought a car from Hertz car sales in Feb., and had it financed with a local CU. The only personal info Hertz got from me was my name & address, a copy of my DL for ID, and how the CU wanted to be listed as lien holder - for you, Cap One Blank Check has their info.

 

______________________________________________________________________________________________________________________________________________

@RobertEG wrote:

You most certainly can dispute inquiries with a CRA.

If you have documentation or admission that a party did not have permissible purpose, then the inquiry was improper.

FCRA 611(a) permists a consumer to dispute the acuracy of any information of record in their file.

It is only the direct dispute process that exempts credit inquiries.

 

CRAs are very strict, treating inuiries as facts unless one can clearly document a lack of permissible purpose.

However in the rare case where the inquiree admits lack of permissible purpose, the inquiry can be disputed and removed.

 

If the CRA fails to delete, then I would send a complaint to the CFPB.

____________________________________________________________________________________________________________________________________________

 

Thanks for that info, but the OP said "I get an apology phone call from the General Manager stating their investigation showed that I indeed did not give permission and he was sorry" - I don't think that will get him very far with TU. I still think the surest resolution is for him to get the auto mall manager to contact the 6 lenders, admit they did not have authorization to apply for credit for him, and get the lenders to remove their inquiry report. The OP is in a very strong position, applying for credit for someone 6 times without their permission & authorization is a pretty serious violation. If he doesn't do it, or doesn't do it promptly, sue the heck out them. Actually, even if they take care of it promptly, sue the heck out them anyway, they'll learn a lesson and you'll get an easy settlement.

Message 8 of 21
Anonymous
Not applicable

Re: Hard Inquiries that were not authorized...please help

Sorry, are you referring to me (OP?)

If so, I'm a woman...that might be why I'm
Confused! LOL! I did do just what you suggested though. Even though I originally went through the CRA, and other lending institutions. The certified letter (return receipt) pretty
Much demands action. If nothing comes of that, I'm going to turn up the burner to high.
Message 9 of 21
Anonymous
Not applicable

Re: Hard Inquiries that were not authorized...please help

Not confused because I'm a woman, confused because the OP abbreviation and referring to "him"....
Message 10 of 21
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