Swede Posted August 8, 2002 Report Share Posted August 8, 2002 Question..... I applied for a auto loan online with peoplefirst.com All of a sudden, them AND Capital One FSB appear as hard inquiries on my reports on all CRA's. (sorry, i think we talked about this in another post but I can't find it) Anyway, I've sent 3 letters to the Captial One FSB saying "you have no permissible purpose, if you do, show it or remove it". Last letter I said if you don't remove by x date, I will file complaints and sue your a$$. Today I get a print-out from the peoplefirst website - without anything filled out so just a generic page of theirs and in the fine print, Capital One have highlighted the following:By clicking the "submit button below" you authorize peoplefirst to share this application and related information with its lending partners in order to complete the processing of this information. You authorize peoplefirst and its lending partners to retain and rely on this application, and to obtain additional information including credit reports. Now my question is, does this mean I authorize peoplefirst to SHARE one, or thay could authorize as many creditors as they wanted to run my credit?I have never admitted that I did apply with peoplefirst, at this point, should I admit that I did and claim they weren't clear in the notice that they would allow others to pull it? Or should I deny applying with peoplefirst as well? I'm itching to send a $1000 demand +removal but do I have a case? Link to comment Share on other sites More sharing options...
jordanmorganusa Posted August 9, 2002 Report Share Posted August 9, 2002 I would think that they would have to make it clear what name they are making inquiries under. I don't know if they would want to take their chances in court that the judge would rule in your favor. If you went to ABC's site, if they plan on pulling your report as other names, I would think that it would have a disclaimer on the site. If not, you could have a case. Check the site. Link to comment Share on other sites More sharing options...
Swede Posted August 9, 2002 Author Report Share Posted August 9, 2002 thanks for your reply Sorry I think my post was confusing, peoplefirst is the company that i applied for a loan with on their website and the did run my credit, however, they allowed capital one to also run it and the only disclaimer is the little thing i wrote in the original post about "by clicking the submit button yadayada". and now i'm arguing with capital one telling them they had no permissible purpose and their position is that because i clicked the "submit" button on peoplefirst's site, that gave them permissible purpose- clearly they can't provide any proof. do i send the letter? Link to comment Share on other sites More sharing options...
calawyer Posted August 9, 2002 Report Share Posted August 9, 2002 Playing the devil's advocate, the authorization you consented to is very broad. Taking out the irrelevant language, you "authorized peoplefirst AND ITS LENDING PARTNERS to ...obtain additional information INCLUDING CREDIT REPORTS." How would you respond to a Judge's question about the scope of the authorization? Link to comment Share on other sites More sharing options...
Swede Posted August 9, 2002 Author Report Share Posted August 9, 2002 Ahhh very good question.... :notsure: I would put emphasis on the word "share" as in one profile whaddya think?!Either way, I haven't admitted to applying with peoplefirst. Anyone could have done that knowing my ss#. Oh and one more thing, Capital One did remove the inquiry on my EQ report but not on the other 2. If they're so sure, why did they remove it? Link to comment Share on other sites More sharing options...
jordanmorganusa Posted August 9, 2002 Report Share Posted August 9, 2002 A lot of times in court cases it comes down to what the "least sophisticated consumer" would believe. Not saying that you are Forrest Gump, but legalese is that way for a reason. So that lawyers(the ones that draw it up) can understand it, but most laypersons can't. So if you didn't know by reading it that they were going to let everyone and their mother do an inquiry, then they are still culpible. Link to comment Share on other sites More sharing options...
Swede Posted August 10, 2002 Author Report Share Posted August 10, 2002 Life is like a box of chocolate... Link to comment Share on other sites More sharing options...
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