Hard Inquiries on my report were not initiated by me...

[Anonymous]

I recently ran my free annual credit reports for my own records and was surprised to see a company by the name of "Avantus" pull 2 hard inquiries on me and I dont even know who or what they represent until I contacted them directly to investigate. They are a mortgage/loan company and when I mentioned to them that they showed up on my CR as inquiries they went ahead and asked for my name and address and uupon running it on their system, they stated they show no record of me initiating, requesting or doing business with them at all so they could not help me further.

Later i find out my dad ran his credit with them to see how much he would qualify for a home loan, we both have the same first and last name but our middle names are different as well as we both have 2 different addresses. His credit was not ran and instead mine was BUT I do not know how, my dad does NOT have any of my info nor did I ever provide them or Avantus with any info. So I contacted the Mortgage company that used Avantus to run my credit and they refused to tell me how they got my info and or my social to run my credit without my consent. The agent who ran the credit stated he ran my dad's and not mine since I had nothing to do with this nor did he even know I existed.

I proceeded to ask for proof of any documents signed by me authorizing them to run my credit (which they will not have) or fix this issue with the credit bureaus, and he said they didnt have anything to show me and refused to give me a letter stating the error on their part and or explain how they obtained my info. He then said I would have to file a dispute with the credit bureaus and they would respond that way to this issue.

So my question is this, since I never inititated or authorized my credit to be ran and or never signed or gave permission, would this be considered as fraud and identity theft on the mortgage company's part? I am really not looking to make this a big deal as I just want the 2 hard inquiries removed from my credit file. So how would you guys recommend I go about this issue? Also how exactly do I dispute the Inquiries as the free annual reports do not allow me to dispute it anywhere on their individual bureau sites.

Any input/help is greatly appreciated

[RobertEG]

They are being both legally and procedurally about as stupid as they possibly could.

They apparently made a simple mistake,and shoulld be doing whatever possible to remedy the mistake and remove all issues created with you.

Instead, by refusing to cooperate, they are looking worse.

Fortunately, you have means to compel them to provide the information you want, and then some.

You are entitlted to all business records in their possession relating to this issue under the provisions of FCRA 609(e), and are alos entitled to block of the inquiries from your credit report under the provisions of FCRA 605B.

Fraudulent or willful obtaining of a credit report using false information would be both a violation of the FCRA and a possible civil and/or criminal matter.

However, in view of the circumstances, I would not begin by initiating civil action for fraud, but rather use the identity theft process of the FCRA, which provides you with the ability to both get their reporting blocked from your credit report, and ot compel them to provide you all business records in their possession pertaining to the information.

In particular, you have information of record in your credit file that pertains to information you never authorized,  You can thus file an identity theft report under the FCRA, and send a copy to the CRA to require that they block the information from your credit report under ther provisions of FCRA 605B, and send a copy to the creditor with a demand for all business records in their possession related to the information under the provisions of FCRA 609(e).

The FCRA definition of an identity theft report is a police report filed before a law enforcemnt agency, which requires only your assertion that you did not iniatiate any business transaction or request for credit from the creditor.  No issues of proofs on your part or involvment of the creditor are involved in that assertion.