My credit improved such that I was able to get a 7.9% loan from my Credit Union for a new car. Since the minivan decided to throw a transmission, the timing was right and we bought last weekend. I had a bank draft from the CU, so I didn't need or want bank financing, and certainly didn't want another credit inquiry. When the deal was being finalized, a credit app was put in front of me. I told the salesman that I wasn't applying for credit so I wouldn't authorize him to run my credit. He said they only needed the information for customer records and that a credit report would not be run. Never trusting a car salesman, I said okay, repeated my desire that a credit report not be run and crossed out the line in the credit app that said I approved the dealership to access my credit file. Anyway, the deal gets done, I drive away happy. Until today, when, you guessed it - inquiry from the dealership shows up on EQ. Since California law provides for no less than $2,500 and no more than $5,000 for impermissable pulls, I'm thinking I'll have a couple months of car payments made! I'd like to see them argue this - when they go to show the judge where I signed for approval and notice that the permission to run my credit is crossed out! Oh yeah, I have my carbon so there won't be any funny business. Part of me is so pissed, but the other part looks forward to that check! -HDAlex
Definitely, If you need a sample letter, just say, and I'll post 1, you are almost guaranteed the check!
Please post away. Hmm.... now I have to decide how much to ask for it make it worth their while to settle... 3500? 4000? Perhaps a nasty note to Nissan outlining what they did? Hmmmm.... the fun begins! -HDAlex
Makes me upset too someone just runs your credit. I **KNOW** this CA ran it the second and third time just for harassment. Three "hards" from an overagressive CA. That's $7500 under California. Oh, I will be pursuing this one, after I file against the Empire of the EVIL EXP.
Cinderella, Actually, in California, two "harrasment" hards would be worth a minimum of $5,000, maximum of $10,000. -HDAlex
Obtain a fax number for Nissan or whoever pulled your credit report. I think it speeds things up! I would DEMAND (not ask) payment of $2500 for non permissable purpose for each inquiry. If they did it on all 3 credit reports, that would be $7500. Remember get a litigous mindset!!!!!! Actually instead of just posting the ltter, this link will help you even more... http://www.creditforum.org/showthread.php?s=&threadid=229
Never trusting a car salesman<----SEE ABOVE CONSUMER RECORDS??? What is the BILL OF SALE??? I WOULD HAVE SAID "NO THANK YOU" I'M NOT APPLYING FOR ANYTHING... IF THEY SAID YOU MUST...I WOULD HAVE TAKEN MY CHECK AND WALKED OUT (BUT THAT IS ME)
The only thing i could think of, if they wanted to see if they could give you a better % with there bank.
George, They said they wouldn't run my credit - so I stayed. The previous night I went to a closer dealer and they insisted on running my credit, so I walked out, with about six people chasing me shouting "what can we do to keep your business." One of the a-holes even told me that California law required the dealership to get a credit report for all new car sales. It was about that point I called him a liar to his face and left. Felt kinda good. Back to this other dealer, I stayed because they said they wouldn't run the credit. I took the extra precaution of crossing out the line that says: "authorize consumer credit reports and investigations of asset, debt, and employment history to be obtained in connection with this application and for any update, review, collection, renewal, or extension of the credit received" Nowhere on the Bill of Sale is there any language to the effect of pulling credit. Thanks, HDAlex
I saw you brought a CU check. By chance, did you also give them a personal check for any part of the purchase? The Feb. 11, 1998, FTC letter to the Texas Auto Dealers www.ftc.gov/os/statutes/fcra/coffey.htm said "The dealer may also obtain a report to check a consumer's creditworthiness when the consumer presents a personal check to pay for the vehicle."
afran, That was one of the lines the guy tossed out ("Nissan's very agressive and wants your business"), but I said no thanks, and thought that was the end of that. -HDAlex
zaxxon, No, I didn't. I specifically told them not to run my credit, and they said they wouldn't. Doesn't get more clear cut than that does it?
Go get 'em. You did everything reasonable to protect your files, and they underhandedly pulled anyway. I prearranged my financing, went to the toyo dealer, and declined their offer to finance. Crossed out the section of the form authorizing a pull. Refused to give my SSN. ....BUT, used personal check for downpayment. :-( Figured dealer had no SSN, so couldn't pull. Of course, dealer copied my auto insurance card to prepare state registration papers. And good ole Metropolitan Insurance uses SSN for policy number. Hard inquiry as of date of purchase. (Probably within minutes of my declining, nay, refusing offer to finance with dealer). I didn't know for sure it was the dealer since it said CREDCO, but did recognize the date as the car purchase date. Next time, for prearranged financing I'll take certified check for downpayment (or take a draft as you did). We're rooting for you.
zaxxon, I'd get mightly litigious in your situation, because I think you have a mighty good case. The key lies in the distinction between a permissible purpose type and a specific permissable purpose. The FTC only said that writing a check creates a permissable TYPE where credit can be pulled. They still have to get your specific permission to pull it in this instance. I'd say that you not only didn't give permission, you outright denied it! Think of it this way. An application for a credit card is a permissible purpose TYPE, but Citibank can't pull your credit until you authorize them to do so by SPECIFICALLY agreeing to it. If you declined to allow them to check your credit, they should have refused your check - it would be illegal to accept the check and then run the credit anyway, just because that happens to be a permissible TYPE of transaction. -HDAlex
SO YOU HAVE $35,000 IN THE CHECKING ACCOUNT (THE CAR IS $24,158.89)...but have a ROTTEN credit report...DOES THAT MEAN YOU HAVE A CHECK THAT WILL NOW BOUNCE??? DO THEY CALL THE BANK AND TELL THEM TO BOUNCE IT BECAUSE YOU HAVE BAD CREDIT???
Will the car's title show a lien from the C.U.? Otherwise, what would happen if you didnt buy a car? Is it a car loan, or a LOC??
The car's title does show the CU as legal owner and lienholder. It is an auto loan. The bank draft is their way of allowing me to get preapproved and shop like a cash buyer (in theory anyway!). The draft is conditional; one of the conditions is that it can only be used at a franchised auto dealer in California.
Here is the code for California Law: Liability for a Natural person for obtaining a report?? What about the company/corp.? Do you have to find out the individual in the company who pulled your credit and sue them (natural person)? THinking they are probably worthle$$, holding the company/corp. liable seems better.
