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Opinions needed

Established Contributor

Re: Opinions needed

As I explained, the dealership did not have permissible purpose. If OP's text messages were authenticated via digital forensics and presented as evidence, coupled with the absence of written consent, a court could determine the dealership had no permissible purpose.

While there may not be compensatory damages, there could be punitive damages awarded.

Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.

Life was a lot simpler when what we honored was father and mother, rather than all major credit cards. ~Robert Orben

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Message 31 of 37
Regular Contributor

Re: Opinions needed

I feel like we are getting ready to storm the beach at Normandy.

Starting 5/2018



Current 1/2019


Message 32 of 37
Senior Contributor

Re: Opinions needed

While you're right Saeren, it appears that the OP did not choose the dealer yet (that I saw, may have missed it). When you prequal through a manufacturer, you give permission for them to forward that info to a dealer nearby. When the delear reached out to the OP, he told them not to pull his credit. If he was going to go to a different dealer that would also pull his report, he would have taken unnecessary inquiries. They really didn't have permissable use unless he stated that he was going to go in there for that truck.

 

As for the inquiries, yes, they would be grouped together for a single ding to the report, which wouldn't be any damage worth going to court over. But, if the inquiries were enough to deny him new credit from someone who doesn't recon so he can explain, like Cap1, then there's damage as a result of the excess inquiries IMO. In addition to denial of credit, he would also now have 3 additional worthless pulls across the bureaus which could affect future applications of credit. The problem with that would be getting cap1 to say, "yeah, we would have given him credit if he had 1 less HP on his reports." Same goes for his future mortgage, he would have to get the bank to say they would have given him a better rate had it not been for the additional inquiries.






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Message 33 of 37
New Contributor

Re: Opinions needed


@SOGGIE wrote:
As I explained, the dealership did not have permissible purpose. If OP's text messages were authenticated via digital forensics and presented as evidence, coupled with the absence of written consent, a court could determine the dealership had no permissible purpose.

While there may not be compensatory damages, there could be punitive damages awarded.

Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.

What were the terms specified in the application?   

Message 34 of 37
Established Contributor

Re: Opinions needed


@Brian_Earl_Spilner wrote:

While you're right Saeren, it appears that the OP did not choose the dealer yet (that I saw, may have missed it). When you prequal through a manufacturer, you give permission for them to forward that info to a dealer nearby. When the delear reached out to the OP, he told them not to pull his credit. If he was going to go to a different dealer that would also pull his report, he would have taken unnecessary inquiries. They really didn't have permissable use unless he stated that he was going to go in there for that truck.

 

As for the inquiries, yes, they would be grouped together for a single ding to the report, which wouldn't be any damage worth going to court over. But, if the inquiries were enough to deny him new credit from someone who doesn't recon so he can explain, like Cap1, then there's damage as a result of the excess inquiries IMO. In addition to denial of credit, he would also now have 3 additional worthless pulls across the bureaus which could affect future applications of credit. The problem with that would be getting cap1 to say, "yeah, we would have given him credit if he had 1 less HP on his reports." Same goes for his future mortgage, he would have to get the bank to say they would have given him a better rate had it not been for the additional inquiries.


Even in this case, it can be argued that all of this is acceptable under the terms accepted for applying for a loan through Ford Motor Credit. I think it’s a waste of time to pursue it. You don’t go car shopping and expect to not have your credit pulled along the way unless you’re paying cash or you have your own financing lined up already and once you give your SSN to the automaker financing, you’ve already made the decision that the hits are worth it to you. 

 

OP says that credit was run a second time through each of the three bureaus. If the dealer was actually pulling for the purpose of helping find financing, there would be many more pulls than one, I ended up with I think 20 when I purchased my Focus and then Fusion back in 2009. 


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Message 35 of 37
Moderator Emeritus

Re: Opinions needed

How does being denied for a credit card meaningfully impact one’s life or even one’s credit?

How many people on this forum alone are approved with silly numbers of inquiries every single day? And with lates, collections, tax liens, and even BK’s on reports?

This just isn’t relevant. We can debate permissible purpose or not, but really this just doesn’t matter in terms of credit scoring or anything else which is why I would argue find something else to care about.

The issue to be corrected here is debunking the theory that inquiries are somehow massively damaging to one’s credit... they are not.

You are expected to use your credit, why have it if you never use it? And that means taking inquiries along the way. Just a cost of transacting against your credit and scoreable inquiries don’t even exclude someone from an 850 on FICO 8 so why worry about this?

It’s a handful of points for a single scoreable inquiry, if any, under every relevant FICO model, and they were already gone with the first inquiry made anyway... grace period notwithstanding.



        
Message 36 of 37
Valued Contributor

Re: Opinions needed


@Revelate wrote:
How does being denied for a credit card meaningfully impact one’s life or even one’s credit?

How many people on this forum alone are approved with silly numbers of inquiries every single day? And with lates, collections, tax liens, and even BK’s on reports?

This just isn’t relevant. We can debate permissible purpose or not, but really this just doesn’t matter in terms of credit scoring or anything else which is why I would argue find something else to care about.

The issue to be corrected here is debunking the theory that inquiries are somehow massively damaging to one’s credit... they are not.

You are expected to use your credit, why have it if you never use it? And that means taking inquiries along the way. Just a cost of transacting against your credit and scoreable inquiries don’t even exclude someone from an 850 on FICO 8 so why worry about this?

It’s a handful of points for a single scoreable inquiry, if any, under every relevant FICO model, and they were already gone with the first inquiry made anyway... grace period notwithstanding.

@gosh you have a nice way at looking at things.  I have some direct experience.  got a bmw a few years back.  dealer agreed to hit one cra of my choosing so I could take the car and pay for it in a few weeks.  the dealer did just that but the mothership, bmw fs, used credco and they did many hits.  one email to the fm @ the dealer and they were all removed.  ended up using penfed @ 1.99%, I never knew that using penfed could have been done on the spot when I was @ the dealer, I have only had lease experience up until the bmw.  live and learn.  getting a loan with penfed took 5 min tops, they were amazing and professional.  even through hp's might not be authorized one will never find an attorney to take it on as direct damages are near impossible to prove.  op, if the inqs bug you just work the problem and go up the chain

Message 37 of 37