firemanjim Posted January 29, 2008 Report Share Posted January 29, 2008 I just got a hard inq. from COAF (Cap One Auto Finance) today out of the blue, and the best part is I DID NOT APPLY FOR ANYTHING, with them or anyone else... I have NEVER applied to COAF for a loan, I have not applied for any credit in the last 6 months. So, obviously I will dispute it... My question is this...I was just thinking should I dispute with COAF first or the CRA first, and it made me think:I LOVE the "Debt Validation" flow chart like I am sure most of you do too... Do we have something similar for "Unathorized Inquiries", ones where there is obviously no PP?Anyone? Thanks, Jim Link to comment Share on other sites More sharing options...
Houdino Posted January 29, 2008 Report Share Posted January 29, 2008 Jim,I had a hard inquiry from a CA. I was talking to TU today about something else and I asked the TU guy if a CA can do a hard pull. I thought the only hard pulls allowed were those expressly authorized by the consumer. He said a CA could do a hard pull, that their "authorization comes from the OC". I asked why they would do a hard pull vrs a soft one as they both give pretty much the same relevant info (again, according to him). He had no answer. Maybe someone else will comment, or there is another thread on this subject already. Link to comment Share on other sites More sharing options...
2001Badyear Posted January 29, 2008 Report Share Posted January 29, 2008 But if the OP didn't apply for anything, or have an account in the past with Crap One, than can they pull a hard? I don't know the answer. Link to comment Share on other sites More sharing options...
Houdino Posted January 29, 2008 Report Share Posted January 29, 2008 But if the OP didn't apply for anything, or have an account in the past with Crap One, than can they pull a hard? I don't know the answer.I would think under those circumstances HELL NO!!!! Link to comment Share on other sites More sharing options...
betam4x Posted January 29, 2008 Report Share Posted January 29, 2008 I would think under those circumstances HELL NO!!!!Hehe, If you truly did not apply with Cap1 I'd report em to the BBB. I'd also dispute the INQ with the CRAs. Good luck with EX though. I have very few INQs on my EQ and TU reports, but EX won't remove regardless of what i do and the INQs really ARE fraudulent. Link to comment Share on other sites More sharing options...
Nascar3 Posted January 29, 2008 Report Share Posted January 29, 2008 I had an auto finance company do a hard pull on me once without me applying for it either. I called them, told them it was illegal, pointed out their possible fine, etc. and within days it was GONE. You could try that route. Link to comment Share on other sites More sharing options...
reno2360 Posted January 29, 2008 Report Share Posted January 29, 2008 I would contact them directly just in case there is someone out there masquerading as you trying to buy a car, apply for credit... identity theft (?). Link to comment Share on other sites More sharing options...
thomassl Posted January 29, 2008 Report Share Posted January 29, 2008 I agree with Reno...it could possibly be someone trying to use your social security number for identity theft! Link to comment Share on other sites More sharing options...
Fizzle1979 Posted January 29, 2008 Report Share Posted January 29, 2008 Here's some numbers for COAF. 469-241-7000469-241-7797469-241-7899I have Jerry Rivera and Rick Reichwein for contacts at those numbers, but I'm not sure which numbers get which person. You want Rich Reichwein...he is the guy at COAF that deals with all three CRA's and can get results. If anyone asks where you got the numbers from, tell them the BBB website. Link to comment Share on other sites More sharing options...
firemanjim Posted January 29, 2008 Author Report Share Posted January 29, 2008 I am going to dispute, and if I have to I will sue under FCRA, it seems like a slam dunk winner...My question is though, like in disputing with an OC there is an order you have to do it or you can not sue, I was wondering if there is an order like that here... So I was askign do we have a cheat sheet or flow chart on it? Or is it just that simple, call and if they dont fix it immediately then do a letter disputing and 31 days later sue in small claims and collect my 1000... Jim Link to comment Share on other sites More sharing options...
Fizzle1979 Posted January 30, 2008 Report Share Posted January 30, 2008 I am going to dispute, and if I have to I will sue under FCRA, it seems like a slam dunk winner...My question is though, like in disputing with an OC there is an order you have to do it or you can not sue, I was wondering if there is an order like that here... So I was askign do we have a cheat sheet or flow chart on it? Or is it just that simple, call and if they dont fix it immediately then do a letter disputing and 31 days later sue in small claims and collect my 1000... JimYou will only get up to $1000...doesn't mean you will get the entire amount. Link to comment Share on other sites More sharing options...
Houdino Posted February 2, 2008 Report Share Posted February 2, 2008 I've had a hell of a time getting some "real..." hard inquiries removed lately. TU finally did but put a 90 day FA on all 3 CRA's. EX won't let consumer dispute so had to get the originator(s) to send letter to CRA's to delete. So far I've done it all by phone. Seems like the CRA's are getting more "testy" about these kind of deletions.It would seem firemanjim has a pretty clear case for deletion and applicable damages if refused.Still wondering if a CA can legally do a hard pull...??? Anyone? Link to comment Share on other sites More sharing options...
myscoresawful Posted February 3, 2008 Report Share Posted February 3, 2008 I am going to dispute, and if I have to I will sue under FCRA, it seems like a slam dunk winner...My question is though, like in disputing with an OC there is an order you have to do it or you can not sue, I was wondering if there is an order like that here... So I was askign do we have a cheat sheet or flow chart on it? Or is it just that simple, call and if they dont fix it immediately then do a letter disputing and 31 days later sue in small claims and collect my 1000... JimTo be truthful, I doubt you would have a very easy time getting any money, and most likely, you can get it removed, by either writing to C1 or disputing with the CRA.It is my understanding, (I have read in various articles, and if I am wrong, someone here will correct me, I assure you, hopefully with supporting links)...but the only person who needs your actual signature on paper to pull your report, is a potential employer. Anyone else can claim you gave them a verbal authorization.Since you've said you did not apply for any credit in the past 6 months, this wouldn't be your case, but I accepted a pre approved offer from Bluesky auto lending, and the next thing I knew, there were 15...FIFTEEN inquires on my CRs from various yahoos, including C1 auto financing.I disputed with EQ and they were all gone within 5 days. Link to comment Share on other sites More sharing options...
razr Posted February 3, 2008 Report Share Posted February 3, 2008 I am going to dispute, and if I have to I will sue under FCRA, it seems like a slam dunk winner...Or is it just that simple, call and if they don't fix it immediately then do a letter disputing and 31 days later sue in small claims and collect my 1000... JimIf you can prove that CapOne is in willful noncompliance, then you can be awarded any actual damages sustained as a result of the failure or damages of not less than $100 and not more than $1,000 plus Attorney's fees.However, if they made a bona fide error(s) they then they may be in negligent noncompliance. You may be entitled to any actual damages sustained as a result of the failure; and (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. So your best bet is to just ask CapOne to remove the inquiry. Taking them to court is a waste of time unless you can show damages.-r Link to comment Share on other sites More sharing options...
firemanjim Posted February 4, 2008 Author Report Share Posted February 4, 2008 I agree with all the comments, and I realize there would be no money awarded if they made a mistake. My point was I will dispute, ask Cap One to remove it if they did make an error, but if they refused, THEN they would be in willful non-compliance, and that would make it a slam dunk...Still not a big money thing, but it would make the point with them idiots...Jim Link to comment Share on other sites More sharing options...
firemanjim Posted February 8, 2008 Author Report Share Posted February 8, 2008 OK a new twist to this...My original post up above was that Cap One Auto pulled a hard inq on TU without any PP. I have never had a loan with them nor even applied with them, ever. Today, I was checking my status of pending disputes, etc. and came across one (a GW actually) that hit 30 days so I was calling them just to see if I could get tehm to kill it easily since they did not respond on time (an old late pay one month , good account though) so I called the 800 number and guess who answered (computer voice of course)... Good ole Capital One Auto Finance, that's who.... They must have bought out my old OC (Onyx Acceptance it was called)...So I hung up, and I am sending the dispute for that hard inq. off immediately. But it begs the question, do they have any PP at all to pull my report (hard) just to nose around, in response to my GW letter (to remove that one old late pay) I sent to Onyx which they obviously got since they now own Onyx?I dont think so, but I wanted to get all your opinions on it...Thanks, Jim Link to comment Share on other sites More sharing options...
Houdino Posted February 9, 2008 Report Share Posted February 9, 2008 My DW has same prob with a hard pull on TU by "Conrad Credit Corp": so, I too, would like info if a CA can, in fact, do a hard one! (other than the obvious "hard one" the truely evil CA's can do...) Link to comment Share on other sites More sharing options...
Fizzle1979 Posted February 11, 2008 Report Share Posted February 11, 2008 OK a new twist to this...My original post up above was that Cap One Auto pulled a hard inq on TU without any PP. I have never had a loan with them nor even applied with them, ever. Today, I was checking my status of pending disputes, etc. and came across one (a GW actually) that hit 30 days so I was calling them just to see if I could get tehm to kill it easily since they did not respond on time (an old late pay one month , good account though) so I called the 800 number and guess who answered (computer voice of course)... Good ole Capital One Auto Finance, that's who.... They must have bought out my old OC (Onyx Acceptance it was called)...So I hung up, and I am sending the dispute for that hard inq. off immediately. But it begs the question, do they have any PP at all to pull my report (hard) just to nose around, in response to my GW letter (to remove that one old late pay) I sent to Onyx which they obviously got since they now own Onyx?I dont think so, but I wanted to get all your opinions on it...Thanks, JimMy opinoin is that if the original account/transaction was based on the OC pulling your credit, then yes they have pp to pull your cr because they are now the owner of that account. Link to comment Share on other sites More sharing options...
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