Date Fri, 08 Nov 2002 10:42:01 -0500 (EST)
From chris*************
To
[email protected] Subject [No subject]
Parts Message Source
Went online this morning and talked to one of your online service people via chat this morning concerning the below. He stated he would also check into why Koons Tyson Toyota had in fact also ran my credit report without my consent and apologized for the situation. Said someone would be getting in touch with me shortly. I do expect immediate resolve. I am emailing this as a copy of my formal complaint and to show I did in fact talk online already
Morning I am somewhat upset about a situation. I had been in talks with Fed-Ex about acquiring routes on the Eastern Shore of Maryland and they gave me your employee's name of Morris @301-762-2567. He discussed with me about what trucks were approved by Fed-Ex to purchase estimate cost etc. I explicitly told him not to run my credit until I had heard back from Fed-Ex in Seaford Delaware that routes were available and would be awarded to my company.
I did not want added inquiries especially if no routes were available etc. Last I heard he was awaiting a letter from Fed-Ex for income verification. I even left a message for him explicitly telling him again DO NOT run my report that I have copies until I knew I was going to be awarded a route (s).
Upon checking my credit reports which I do on a continuous basis mainly because I have an issue into 1 companies entry on all 3 who I am awaiting for the removal for violations of the Fair Credit Reporting Act, Billing Act, and other violations I saw that in fact not only did GMAC Fairfax run my credit but so did Tyson's Toyota.
As I stated previously I DID NOT want my credit ran and offered him a preliminary copy because I have Credit Monitoring Service I could email or fax from my computer a current copy until I was awarded a Fed-Ex route(s).
This has violated laws associated with the FCRA and requesting Credit Reports and is punishable by a fine no less than $2500.00 for each occurrence to the person. I want to know what your company is going to do to resolve this problem.
1)being immediate removal of credit inquiries on
Equifax, Experian and Transunion
2)how to settle the fines associated with this and what policies are you going to put in place so this doesn't happen again.
Even before I would of let him run my credit I wanted to clear up the issue I already have so my score would be higher and didn't want anymore entries inquiries until I knew for sure Fed-Ex was going to award me a route(s).
I do expect Tyson's Toyota and Fairfax GMAC which is part of your network to rectify this by
1)removing your credit inquiries immediately from Equifax, Experian, and Transunion
2)paying the fines associated with each unlawful
request for my credit report which is $2,500.00 for each occurrence. Is it that hard to listen to a customer when he speaks? I have a total of 4 entries 2 on Equifax, 1 on Experian, and 1 on Transunion.
I expect resolve on this
situation immediately and expect to be compensated under the law for each unauthorized request for my credit report for 4 violations at $2500 and a personal apology from your organization and what policies you are going to put in place so this does not happen again.
My home address is:
Christopher **********
**********************
Denton, Md 21629
"(3) In the case of liability of a natural person "natural
person -- a human being as distinguished from a person (as
a corporation) created by operation of law" for obtaining a
consumer credit report under false pretenses or knowingly
without a permissible purpose, an award of actual
damages pursuant to paragraph (1) or subparagraph
(A) of paragraph
(2) shall be in an amount of not less than two thousand five
hundred dollars ($2,500)."
Date Tue, 12 Nov 2002 09:46:34 -0500 (EST)
From chris*****************
To
[email protected] Subject Re:
Parts Message Source
While it is appreciated that the entries will be removed (which still have not been removed) we still have another part of the equation and that is the fines associated with access to ones credit report without consent and in this instance when you were told explicity not to pull it etc. I have provided my mailing address which I will give again
Chris *********
***************
Denton Md 21629
This is not something that I am going to take lightly laws were broken. If you have a communication problem in your sales department thats something you need to work on and put policies in place so this doeant happen
again. You have violated laws set forth by the FCRA by accessing my credit files without my consent and your employee Morris has left me a message admitting that this was very wrong and was done by the manager of the GMC dealership whom I am guessing is also responsible for Tysons Toyota running my report (again) on the same day. When laws are violated their are consequences.
In your case you accessed my credit file 4 times 3 from Fairax GMC and yet another from Tysons Toyota without my consent and explicit direction DO NOT pull my file until Fed-Ex gets back to me and awards my company a route(s)so that I wouldnt have needless inquiries when no routes are even available.
The law states when this is done fines are associated with it for each violation payable to the person whom this was done. I am awaiting a written response before proceeding any further.
Date Fri, 15 Nov 2002 08:26:17 -0500 (EST)
From chris***************
To
[email protected] Cc
[email protected] Subject Removal of Credit Report Inquiries and related fines
Parts Message Source
I have contacted you first on the 8th of November and again on the 12th of November in an effort to get your improper credit inquiries immediately removed from my credit report. Obviously you feel this is not something important along with the settlement of the fines associated for improperly accessing my credit history so I have filed a complaint with the BBB and am cc'ing them. I have given you ample time to remove such inquiries and settle the fines associated with the FCRA and related Credit Report laws under the guidelines established.
As I stated my first contact was on the 8th of November its been a week and still nothing from your organization either in removal of the inquiries which as of today the 15th November are still present and according to your salesman Morris were going to be IMMEDIATELY removed by the President of Koons or settlement of the fines. I am again demanding IMMEDIATE REMOVAL of your inquiries generated by Fairfax GMC and Tysons Totota for a total of 4 improperly attained inquiries and fullfillment of the fines that are under the guidleines of the FCRA and related laws passed in relation to Consumer Credit and protection.
I expect a written response today the 15th of November along with when can I expect to recieve the payment of fines associated with what you did. I refuse to take any of this lightly which I am sure you or anyone else in your organization would if it were you.
Date Fri, 15 Nov 2002 09:30:16 -0500
From
[email protected] To chris***********
Subject Credit Report Inquiry
Parts Message Source
Chris,
My name is Alex Perdikis, I am the General Manager at Koons of Tysons Corner, please call me as soon as possible with regard to your credit inquiry situation. I left you a voice mail about this situation earlier in the week and have not heard back from you. I am under the impression that you are taking delivery of a Fed-Ex truck next week please call me ASAP if this is not the
case. My cell phone number is 703-906-6408.
Sincerely yours,
Alex Perdikis
Date Mon, 18 Nov 2002 08:44:32 -0500
From
[email protected] To chris***********
Subject Re: Improperly Attained Credit Reports Tysons Toyota, Fairfax GMC
Parts Message Source
Chris,
I don't know if you received my message from Saturday. I need you to clarify who actually ran your credit report. Our dealership is Koons Chevrolet-Chrysler in Tysons Corner. We are not Tysons Toyota or Fairfax GMC. Please confirm that your inquiries were done at Koons Chevrolet -Chrysler in Tysons Corner. If they were not then you need to contact the supervisors at the other locations
that may have run your credit. Tysons Toyota is a dealership within the Koons organization and the dealership Fairfax GMC has no ties to this store.
Thank You,
Alex Perdikis
Date Mon, 18 Nov 2002 10:02:38 -0500 (EST)
From chris************
To
[email protected] Cc
[email protected] Subject Re: Improperly Attained Credit Reports Tysons Toyota, Fairfax GMC
Parts Message Source
I did not recieve any emails this weekend from you. All I know is I have NOT talked to any dealer or salesman except for your representative who says you or someone you designated ran it. And obviously you have my credit reports and the only way you can have them is by running my credit, they were run on the 6th of November by both organizations.
The address for the Tysons inquiry is 2000 Chain Bridge Road Virginia The address for the GMC inquiry is 10777 Main Street Fairfax which I just spoke with and they informed me they are the finance division of gmac and
would only run my credit with information from a dealer and they are also submitting a complaint against your organization to the Corporate office for unauthorized access to my credit report and submitting it to them etc. without consent.
And if you were under the impression I am taking delivery this week even when I had no knowledge of it whatsoever which is very odd being I would be the buyer, it had to have financing approved somewhere and my guess would be thats the GMC inquiry on my reports.
Date Mon, 25 Nov 2002 07:16:27 EST
From
[email protected] To chris******************
Cc
[email protected] Subject Re: Improperly Attained Credit Reports Tysons Toyota, Fairfax GMC
Parts Message Source
Chris,
Please make an appointment to see me about this matter. I assure you that you will walk away happy. We must resolve this in a professional matter. Please contact me after Thanksgiving. I will be out of town until then.
Sincerely yours,
Alex Perdikis
703-448-7009-work
703-906-6408-cell
Date Mon, 18 Nov 2002 16:50:20 -0500 (EST)
From chris****************
To
[email protected] Subject Re: Improperly Attained Credit Reports Tysons Toyota, Fairfax GMC
Parts Message Source
In regards to the Inquiries since you are responsible for all of them even the ones from GMC being you gave them my info for financing. You violated laws that have fines associated and according to GMAC you also violated the way they do business so my guess would be they are going to hold you liable for what happened because you didnt have any consent to run credit you had exactly the opposite implicit direction to not run my credit.
The only question that needs to be answered is when are the fines going to be paid and when are you going to remove all those Inquiries which according to Morris were going to be removed immediately over a week ago by the
"president"
Date Wed, 20 Nov 2002 09:00:38 -0500 (EST)
From chris*************
To
[email protected],
[email protected] Subject Fwd: Re: Improperly Attained Credit Reports Tysons Toyota, Fairfax GMC
Parts Message Source
The question is NOT why does Morris have my social security number as I have stated over and over many times he was told implicitly NOT TO RUN my Credit until I had an answer from Fed Ex that I was going to be awarded a route(s).
The questions are why you specifically or your representative stepped in and without any authorization or consent from me ran my credit reports then handed the information over to GMAC thus involving them and they also running my credit reports without authorization and no consent so now you have
(2)organizations violating multiple laws of the FCRA and related specific laws passed to protect consumers and when this happens fines are automatically awarded to the individual which they should be you have broken laws governing access to my credit reports and also involved GMAC finance company under false pretenses that I was buying a vehicle and had applied for credit already etc when I HAD NOT. This has happened because of innapropriate business practices by you specifically or someone you designated.
Again Morris was told implicitly NOT to run my credit and not to do so until Fed Ex had made a decision on awarding me a route(s) notice I said got back to ME being I am the business owner which they havent as of yet on a final decision.
Morris states that it was not him that ran my credit without authorization he says it was you specifically that ran my credit without any consent whatsoever and being the manager my guess would be you then submitted my information to GMAC Fairfax for financing without any consent from me whatsoever and under false pretenses.
Communication problems in your dealerships between representatives and managment or the innapropriate and/or lack of following laws is not myproblem its yours. Being you were under the impression I was taking delivery this week and me being the potential buyer who had no knowledge dont you find that odd I AM THE POTENTIAL BUYER. Yet I have no knowledge of this purchase, the financing and the delivery of the truck. I have no final agreement with Fed Ex on any start date or awarding of any route etc.
From talking to GMAC yesterday not only have you violated FCRA laws by running my credit withimplicit instructions not to, you then violated the business practices of GMAC by submitting to them info they only get when one is trying to get financed again not having any authorization on my part whatsoever which is why they are also filing a complaint against you and your organization out of the Fairfax GMAC location.
I have given you almost 2 weeks and you still are giving me the runaround. I want immediate removal of your inquiries and all of GMAC's and I expect the payment of the fines by Friday the 22nd of November.
If not I will continue to pursue payment of the fines associated with improperly attaining my credit reports then handing information over to GMAC again with no authorization whatsoever who then made multiple inquiries under your direction. I will seek legal counsel if need be for enforcement of the fines and all related damages allowable under the laws which include legal fees in this case.
I am sure from talking to GMAC yesterday they are going to hold your organization liable for their inquiries and related fines enforceable under the FCRA and related laws and thats something you will have to deal with.
How can your dealership have a Fed Ex truck being delivered and financed to me this week when I didnt even know about or authorize any portion of this.
Any one with common sense would look at this situation and say how could this even get this far when you have not even had my authorization to run my credit much less submit my info to GMAC for financing and they then run my credit without any consent etc when your organization was told specifically DO NOT. You have created this mess because of improper business actions that include breaking Credit Reporting Act laws last I checked when laws have been broken it translates to crimes being committed.
I have tried giving you the option of discounting any vehicle(s) I may purchase now and in the future in the amount of the fines and you just keep giving the runaround.
As a potential customer I expect to be listened too and if I say DO NOT run my credit it shouldnt be run as simple as that and its the LAW.
I have been in touch with the Federal Trade Commission on Nov 20 2002 about your violations of the Credit Reporting Act and related laws and filed a formal complaint against you and your dealership Koons Chevrolet/Chrysler Tysons Corner 2000 Chain Bridge Road Vienna Virginia 22182, the assigned complaint number is #2531533.
Again this is in regard to the blatant FCRA violations by you specifically and/or under your direction. I also informed them about GMAC how you even submitted my info to GMAC who also ran my credit with no consent and that you had a vehicle being delivered this week to me all without my consent or knowledge.
I hadnt even decided on a specific vehicle or manufacturer and you already had me taking delivery of a Fed Ex truck financed by GMAC this week that I didnt even know about or authorize.
This is my last communication with you and/or your organization I expect immediate resolve today November 20 2002 all inquiries removed on my credit reports Equifax, Experian, and Transunion which was promised well over a week ago.
You illegally gained access to my credit report under false pretenses because I specifically told your representative NOT TO RUN MY CREDIT, I did not authorize you or any representative of your dealerships or GMAC which did it under your specific direction and still to this day the inquiries are present.
I was told by Morris the president of the dealership was going to do it immediately that was well over a week ago just shows how your business practices leave alot to be desired. Again all Inquiries from your organization and all of the inquiries from GMAC and payment of the fines associated with each UNAUTHORIZED INQUIRY total of 4 improperly attained inquiries and access of my credit reports done either by your organization or under your direction in the case of GMAC Fairfax all with no consent whatsoever.
You have been given ample time and have even been givin different ways to resolve these issues. I am tired of it and will not lay down for some mismanaged car dealer who breaks the law and refuses to deal with the matter at hand which is IMMEDIATE removal of all Inquiries from your organization KOONS and GMAC and payment of the fines associated with breaking the laws governing access of credit information then passing my info onto GMAC for financing etc with no consent whatsoever.
Again I am demanding removal of all INQUIRIES no later than November 20th 2002 by COB. Payment of ALL related
fines related to my improperly attained credit reports and GMAC's whom I also spoke with on November 20 2002, the Corporate Office of GMAC maintain they are not liable and that you are totally liable even for their Inquiries because theinformation for loans etc comes from the dealer which leaves you %100 liablefor all 4 Inquiries, the removal of them and payment of the fines for each instance.
This morning I have filed complaints/disputes with TransUnion and Equifax concerning your inappropriate business practices and have asked them to also fine you and your organization the fines that are payable to each Credit Reporting Agency when they violate the FCRA.
I believe those fines are either 1000 or 2500 for each improper Inquiry listed on the individual report payable to each reporting agency. That's in addition to the fines that are payable to me. Later today I will do the same with Experian.
Tired of your runaround and lack of professional conduct and unwillingness to settle this ordeal. You could of avoided all of this either by paying the fines that are due me under the FCRA or discounting any purchases now and in the future in the amount of the fines and of course immediately removing all the inquiries that was promised well over a week ago.
Again I will give you my mailing address it is
Christopher ************
*************
Denton Md 21629
Sincerely
Christopher ************
Date Mon, 25 Nov 2002 07:16:27 EST
From
[email protected] To chris**************
Cc
[email protected] Subject Re: Improperly Attained Credit Reports Tysons Toyota, Fairfax GMC
Parts Message Source
Chris,
Please make an appointment to see me about this matter. I assure you that you will walk away happy. We must resolve this in a professional matter. Please contact me after Thanksgiving. I will be out of town until then.
Sincerely yours,
Alex Perdikis
703-448-7009-work
703-906-6408-cell
Date Fri, 06 Dec 2002 09:01:21 -0500 (EST)
From chris*****************
To
[email protected],
[email protected] Cc
[email protected] Subject Re: Improperly Attained Credit Reports Tysons Toyota, Fairfax GMC
Parts Message Source
I have no need to make an appointment with you, your organization has broke laws, submitted my info for financing etc all without my consent and against
my direction and then informing me I am taking delivery of a vehicle I have no knowledge of etc.
Your organization is in definate need of better management, ethics and specific policies to ensure legal rights arent violated like you have done to me. The professional way to settle this is to immediately removeall 4 inquiries which were improperly attained and without my permission and against my explicit direction which was to not run my credit, pay the fines
associated with each inquiry you and/or GMAC made on my credit report illegally by breaking the FCRA laws established to protect consumers.
You even submitted my info to GMAC for financing without my consent or knowledge thus making them also run my credit. I was told weeks ago these inquiries were going to be removed immediately still nothing and its been a month. I want immediate resolve which is removal of the inquiries all 4, GMAC holds you responsible for the their inquiries and state you broke their business practices by submitting my info without my knowledge and permission which is essentially fraud and payment of the fines which they also state your liable for since you improperly gave them my info for financing. Your communication problems and the way you do business within the dealership arent my problem.
Laws have been broken and you just need to step up to the plate and deal with it. I have given you my address many times and expect immediate resolve or I will continue to seek remedy under the laws associated with your conduct.
As I stated before if need be I will seek legal counsel and according to the FCRA when a situation arises as the improperly attaining of credit reports especially when you were told explicitly not to run my credit you and your organization will also be liable for all my legal fees involved in enforcing payment of fines and any other damages guaranteed to me according to the FCRA.
The next correspondence you will get from me will be by certified letter from myself and/or my attorney. The postal service, Fed EX and UPS offer next day service and I expect to recieve the payment of the fines related to this incident for each improper inquiry in my hand by Saturday the 7th of December 2002 and the removal of all 4 inquiries on my EQUIFAX, EXPERIAN, AND TRANSUNION reports by cob Saturday December 7th 2002.
***********
Denton Md 21629
Date Fri, 6 Dec 2002 13:56:09 -0500
From Kerry Hoagland
To Chris***************
Subject letter to the credit bureau
Parts
Chris,
I have attached a copy of the letter which we have sent to Equifax so that the inquiry can be removed from your file. I will send the actual copy on letterhead to your home address today.
Kerry Hoagland
Controller
Koons of Tysons Corner
This is the fraudulent letter Miss Kerry Hoagland so nicely typed up....
December 6, 2002
Equifax Database Maintenance
P.O. Box 144717
Orlando, Florida 32814
Re: Equifax inquiry account 491AN85519
To Whom It May Concern:
Mr. Christopher ******* approached us regarding the possible purchase of a vehicle and provided us with certain personal information, which was utilized to obtain a credit report on him. The customer has since advised us that he did not intend for us to obtain a credit report on him. Therefore, he has asked us to have it deleted from his record. For that reason, we are requesting you remove the inquiry of November 6, 2002 as soon as possible. His social security number is ***-**-****.
Thank you.
Sincerely,
Kerry E. Hoagland
Controller
Cc: Christopher Long
Better Business Bureau
GMAC
Date Fri, 13 Dec 2002 08:58:11 -0500 (EST)
From chris*********
To [email protected], [email protected]
Subject Re: Improperly Attained Credit Reports by Koons and Fairfax GMC
Parts Message Source
This is still unacceptable and in no means tells the true story. Your manager Alex Perdikis took it upon himself to improperly attain my credit report when your salesman was told implicitly to not run my credit until I heard back from Fed Ex.
Then to add insult to injury Perdikis submitted my info to GMAC who then ran my credit with Experian,Equifax, and Transunion for financing your manager did this on his own against GMAC's business practices etc. GMAC maintains he is responsible for the fines for each of their inquiries and removal of them because of his improper business activity.
Communication problems in the dealership are not my problem obviously Mr Perdikis needs some management training in communication with his salespeople and probably alot more training than just that subject.
Morris has also previously left me a message which states that Mr Perdikis is the individual who improperly attained my credit report against my wishes then submitted it to GMAC etc and created this whole mess etc.
Because of your managers lack of not only following the law but his attitude of I can do what I want has caused me to suffer and a decline in my credit score of over 13 points. I expect your company to remove all 4 inquiries
including GMAC's who clearly has stated Alex Perdikis has violated the standard practices by submitting my info for financing etc all without my knowledge etc. and they will hold him totally 100 percent responsible for their fines for each inquiry and the removal of each inquiry from my credit reports.
This has gone on over 1 month and I am tired of it remove all 4 inquiries and pay the fines associated what your dealership did which is illegal and improper in regard to running my credit and at the minimum fraud when he applied for financing etc with GMAC.
According the FCRA you must pay the fines associated for improperly attaining my credit and if you keep refusing to do such I will file suit against Alex Perdikis and the Koons organization for the fines and related damages and you will have to pay my legal fees which is also guaranteed to me under the FCRA.
Date Fri, 13 Dec 2002 13:38:12 -0500
From Kerry Hoagland
To chris*******
Subject Re: Improperly Attained Credit Reports by Koons and Fairfax GMC
Parts Message Source
I am working with GMAC to have them request the removal of the inquiry on your credit bureau. What are the other 2 inquiries? I am certain that Equifax has told you that they do not remove the inquiries immediately, butwe are doing all we can to expedite the process. I understand that the removal of those inquiries is important to you and I am doing all that I can. Please let me know when they are removed since I do not have access to that information. Thank you
Kerry Hoagland
Date Mon, 30 Dec 2002 08:19:39 -0500 (EST)
From chris********
To [email protected]
Bcc chris**************
Subject Re: Improperly Attained Credit Reports by Koons and Fairfax GMC
Parts Message Source
Morning BBB, the credit inquiries still remain on my credit file. I still to this day have not recieved any letter(s)from Koons acknowledging the wrong doing they have done by illegally attaining my credit file and thus then passing my personal info onto GMAC Fairfax who then also ran my credit with all 3 Credit Reporting agencies.
I have also not recieved my compensation guaranteed to me under the law for 4 inquiries which comes to $2500 each X 4= $10,000.00. This is heading for 2 months and longer and still no resolve from this unregulated dealership managed by the idiot Mr Perdikis.
As you can see Jim Koons Automotive Companies does what they want even when it comes to fraudulent business activities and illegally obtaining ones credit reports then passing on to a finance company GMAC and applying for financing then has the gull to tell me I have a new vehicle being shipped to me all without my knowledge etc.
My advice to you if you see a Koons dealership run and run very fast because they will screw you over and never look back all at your cost.
The credit reporting agencies say they need a permissable purpose neither Jim Koons Automotive Companies, Koons Chevrolet, Koons Tysons Toyota or GMAC had it the manager did all this on his own even went as far as asking for financing for me on this vehicle and told them I was buying etc.
I never implied nor promised I would even buy a vehicle from them. The salesman was supposed to either wait for me to hear back from Fed Ex they were awarding me a route which could be a week, month, 3 months, 6 months a year even, before I wanted my credit run.
I explained to the salesman I could provide him a copy of my reports if he needed them and told him explicitly to NOT RUN MY CREDIT. Such fraud these companies spew These companies are out to get ya never become a Jim Koons Automotive Companies customer they will get you one way or another!
YOU SUCK Jim Koons Automotive, Koons Chevy, Koons Tysons Toyota all of you
Christopher
Denton, Maryland
U.S.A.
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