Help Getting TU Inquiry Removed

[reckedhim]

A few months ago, my fiance's ex-husband applied for a car loan at a local dealership where they had purchased a car years ago when they were together.  The dealership ran his credit and they also ran her credit without her knowledge or permission (it would make no sense for her to get into a car loan with him).

She disputed the inquiry with TransUnion and they responded telling her to take it up with the dealership.  So, the dealership told us to write a letter and explain what happened when she gave them a call.

Is there any information I should be sure to include other than consent was not given to run her credit?  If they don't agree to remove the inquiry (it's kind of a shady dealership) what action can be taken?

Thanks!

[RobertEG]

Her express consent to pull her credit report is not the determining factor.

A consumer, by making certain acts, can grant permissible purpose, which permits a party to pull their credit report without their expresss permission.

The issue is whether she did something that was a legitimate permissible purpose.

The two permissible purpose sections of FCRA 604 that might apply would be either that she initiated a request for credit, or she initiated a business transaction that had an associated legitimate business need for them to review her credit as a part of that transaction.

Bottom line in the posted scenario seems to be that the purchase of the vehicle was in the name of the ex-husband only, and that there was no involvement by your fiance in the transaction, period.  Thus, no initiation of anything by her, either for credit or for purchase of a vehicle.

My argument would be lack of any permissible purpose for the pull of her credit report.

Either the ex-husband falsified her name in his business dealings, or the dealership pulled her credit with knowledge that there was no permissible purpose.

Do you have any idea as to whether the ex falsely included her as a potential purchaser?

[reckedhim]

Correct, she did not give consent and there's no reason she would.  She was trying to get out of her current loan with her ex-husband so getting into a new one with him and his terrible credit would make no sense.

The dealership is a bit skeezy so they just checked the box with her info and ran her credit.