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Frequent Contributor
lavencedora
Posts: 313
Registered: ‎11-04-2013
0

My hard pull problem

My credit score is low due to:

 

-- Delinquency of accounts (some 30's plus one 60 last year), though I have at least 8 months of steady, on-time payment of 3 small cards (min. utilization) and an auto loan.

--Midland reviving zombie debt (I have clear case regarding DoFD, so very encouraged there will be an out here)

--Asset Acceptance did the same, though currently, mid-validation, they've ceased to report. I do not know yet if this is a permanent or temporary reprive. We'll see!

--"Excessive inquiries" or hard pulls, currently at 8

 

I'm going to get Midland off, one way or another, because I have VERY clear documentation that the DofFD is WAY off (by several years). Asset Acceptance *may* be gone, my newest credit (cards and car loan) has strong on-time history beyond that small period about 12 months ago (can I goodwill any of those older lates?). This leaves the hard pulls. Has anyone challenged hard pulls before? I feel I have a case.

 

Of 8 pulls on my TU report FIVE are related to one deceptive situation at an auto dealership. And, there are additional companies related to that same incident who reported to other CRAs. Basically, I applied for Capital One auto loan, got it, and had a blank check for shopping dealerships. Once I decided on the car I wanted, I went to purchase from a dealership who lied to me about certain things I was signing, including the credit "authorization." When I said I did not want a credit pull, I did not want dealership financing & I would be using my own financing, I was told that was a document related to the car registration. All said and done, they shopped it, without my consent, to a TON of companies & now my "excessive inquiries" are primarily due to that--all occuring on that one evening with creditors who sent me letters refering to the dealer. I left the dealership, without the car, by the way, immediately made complaint to the dealership & the whole transaction was canceled.  

 

I spoke with the CRAs regarding what would be needed to dispute these hard pulls. I do have a chain of emails regarding my complaint, wherein the credit misrepresentation was key & their promise not to send my information out regarding any further financing the *day after.*  But, CRA says they would like to see a letter from the company saying that I didn't authorize. The pulls are from the dealership and a bunch of other entities -- Wells, Chase, etc. I figured if the dealership would provide a letter, the other lenders can just confirm they got the information from the dealership. So, I started with a gw request to the dealership for a letter like the CRA wants. They spoke with me, discussed it internally, and responded that it would be "improper" to provide such a letter when they have a credit authorization on file. I just shot off a letter back to them, to clearly make my case. (I'll post in a seperate post below for anyone interested)

 

Let me know if you know of people who have got hard pull deletions, also any good will removals of old delinguents on an otherwise good standing account?? Brought my score from 540 to 593 & with a goal of 640 within the next 6 months! Need to deal with this stuff!

 

Thanks!!

 


Starting Score: TU 490 on 11/2012
Current Score: From 5/2014:TU 651 (lender pull), EQ 686 (myFICO), from 6/15/2014 EX 690 (myFICO)
Goal Score: 700+


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Frequent Contributor
lavencedora
Posts: 313
Registered: ‎11-04-2013
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Re: My hard pull problem

Here's the letter, real names swapped out.
 
Hi Dealrship Dude,
 
I received your voicemail from the other day. Since I do not have the email of the dealership manager,  I will respond directly to you and you may pass along as you see fit. As the majority of my complaint with the dealership relates to the behavior of your finance director, Scummy Guy, clearly the appropriate line for dispute resolution would not be through him.
 
I strongly disagree with the dealership that it would be improper to provide me with a letter (or whatever other documentation the credit reporting agencies require) to clear my credit of multiple unauthorized hard pulls triggered by the actions of Icky Dealership. These pulls are having a detrimental impact on my credit score, and do not reflect any understanding I had relating to my dealership visit on May 12, 2013. To suggest that my signature on a form represents my "authorization" of these excessive pulls is to ignore the basis of my complaint regarding the dealership.
 
The facts are:
 
  • Multiple misrepresentations were made to extract my signature on documents that were directly opposed to what the verbal understandings were.
  • These misrepresentations include the credit "authorization." In that case, while I specifically stated I was not interested in dealership financing and did not want my credit pulled, it was represented to me that I was signing a document relating to the process of registering the vehicle. 
  • I pointedly and repeatedly stated that I would be using my own pre-approved financing for my purchase.
  • I repeatedly stated throughout the entire course of my interaction with your staff that I was uninterested in dealership financing. 
  • Misrepresentations invalidate a "deal," as there was no meeting of the minds. 
  • Further, I did not receive the required Notice to Vehicle Credit Applicant. Instead, I was told that my wish to use my own pre-approved financing was being honored, when in reality it was not.
 
I came into the dealership ready to buy a car utilizing the pre-approved financing I had in hand. Multiple and excessive inquiries were made to my credit against my will and against my understanding. This paints a false and unfair picture of me to other creditors as someone who has recently engaged in desperate credit seeking. That false picture can continue to impact me for up to two full years. Fairness requires, under the circumstances, my records be corrected. It is unclear whether a blanket statement from you or a statement from each individual lender who pulled, based on the dealership's representation, will suffice; but I strongly urge your cooperation in my efforts to clear this matter up. That would start with the requested letter and continue with any clarifications necessary to the specific lenders who pulled my credit.
 
I will be making a complaint to the Better Business Bureau regarding this entire incident, if your current position does not change. I was initially content to put it aside based on the responsiveness of dealership management to my original complaint, which I appreciated. However, the practices that the dealership engaged in that night were deceptive, misleading and wrong. I should not have to suffer ongoing adverse repercussions due to those deceptive practices. It is this which would be improper. 
 
 
Sincerely,
 
 
 
Me, Myself and I

Starting Score: TU 490 on 11/2012
Current Score: From 5/2014:TU 651 (lender pull), EQ 686 (myFICO), from 6/15/2014 EX 690 (myFICO)
Goal Score: 700+


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Valued Contributor
ezdriver
Posts: 1,926
Registered: ‎08-24-2013
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Re: My hard pull problem

I would have contacted a local news reporter .... newspaper or TV ... by letter and cc the dealership's general manager. I would have followed up with an ad in my local newspaper as well.



Starting Score: 618
Scores on 10/9/13: EFX 652, XPN 669, TUC 662
Scores on 3/17/14: EFX 649, XPN 677, TUC 681
Goal Score: 720 ALL


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Mega Contributor
RobertEG
Posts: 18,535
Registered: ‎03-19-2007
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Re: My hard pull problem

[ Edited ]

I would send a formal complaint to the CFPB for their violation of the FCRA.  They have authority to issue sanctions for clear violations of the FCRA.

You could additionally send a complaint to your local BBB based on their apparently deceptive business practices.

 

They did not have permissible purpose under FCRA 604 unless they had a legitimate business need to review your credit as part of your transaction with them.

if not seeking financing, they would have no basis to reivew your credit.

 

That assumes that you did not sign an authorization for them to pull your credit.  If you gave express authorization, that trumps any need for them to provide a permissible purpose.

Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
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Re: My hard pull problem


RobertEG wrote:

I would send a formal complaint to the CFPB for their violation of the FCRA.  They have authority to issue sanctions for clear violations of the FCRA.

You could additionally send a complaint to your local BBB based on their apparently deceptive business practices.

 

They did not have permissible purpose under FCRA 604 unless they had a legitimate business need to review your credit as part of your transaction with them.

if not seeking financing, they would have no basis to reivew your credit.

 

That assumes that you did not sign an authorization for them to pull your credit.  If you gave express authorization, that trumps any need for them to provide a permissible purpose.


This is true.  However, it seems that there are more and more dealerships that are putting that authorization in a pile of paperwork and having you sign it.  Even not clearly stating what it is for.   In one case, the pulls were done days after the vehicle was purchased through outside financing.

 

That is deceptive practices and they should be held accountable.

 

If you are not seeking financing there is no reason for them to pull your CR.  Period.  Or to lie about it either.

Frequent Contributor
lavencedora
Posts: 313
Registered: ‎11-04-2013
0

Re: My hard pull problem

Thanks for all the good ideas. I do have a dynamite consumer advocate who was helping me directly after the incident first occurred (to make sure I wasn't stuck with the car), so I can definitely add that to my leverage.

 

The problem is that I did sign a credit authorization, but under a DIRECT misrepresentation. It wasn't that it was hiding in a pile of papers, but that I said, "I don't want financing, I don't need you to pull my credit, I'm using the financing I have." They put the paper in front of my face and told me I was signing something that was "part of the vehicle registration process." Later, they directly lied about other things they asked me to sign as well. They lied and said they were using my pre-approved financing, too. I walked out without the car, reviewed the paperwork, and immediately shot off a communication to the internet sales guy I had been dealing with, then talked to/emailed the manager first thing the following day. My complaint from the minute it happened was documented. I signed things, including the credit authorization, based on misrepresentations ... while being very clear verbally throughout my visit about my intent.

 

It was my first time buying at a dealership. I shopped online until satisfied & went to the dealer to just pick up the car & finalize the deal.  I expected a hard sell, but not outright lies. Also, I had a minor daughter waiting for me and was in extreme stress about time. They knew that. Told me before I went that I could be in and out in 15-20 minutes. I learned my lesson about how to handle a dealership (like NOT going in when time-stressed) and did buy the exact same make/model car elsewhere without issue a few weeks later. I believe the misrepresentation means I authorized nothing. And, I certainly had no intention to authorize any such thing.


Starting Score: TU 490 on 11/2012
Current Score: From 5/2014:TU 651 (lender pull), EQ 686 (myFICO), from 6/15/2014 EX 690 (myFICO)
Goal Score: 700+


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