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Credit Repair
You
see the advertisements in newspapers, on TV,
and on the Internet. You hear them on the
radio. You get fliers in the mail. You may
even get calls from telemarketers offering
credit repair services. They all make the
same claims:
“Credit problems? No problem!”
“We
can erase your bad credit — 100%
guaranteed.”
“Create a new credit identity — legally.”
“We
can remove bankruptcies, judgments, liens,
and bad loans from your credit file
forever!”
Don’t believe these statements. Only time, a
conscious effort, and a personal debt
repayment plan will improve your credit
report.
Everyday, companies nationwide appeal to
consumers with poor credit histories. They
promise, for a fee, to clean up your credit
report so you can get a car loan, a home
mortgage, insurance, or even a job. The
truth is, they can’t deliver. After you pay
them hundreds or thousands of dollars in
fees, these companies do nothing to improve
your credit report; most simply vanish with
your money.
If
you decide to respond to a credit repair
offer, look for these tell-tale signs of a
scam:
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Companies that want you to pay for
credit repair services before they
provide any services.
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Companies that do not tell you your
legal rights and what you can do for
yourself for free.
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Companies that recommend that you not
contact a credit reporting company
directly.
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Companies that suggest that you try to
invent a “new” credit identity — and
then, a new credit report — by applying
for an Employer Identification Number to
use instead of your Social Security
number.
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Companies that advise you to dispute all
information in your credit report or
take any action that seems illegal, like
creating a new credit identity. If you
follow illegal advice and commit fraud,
you may be subject to prosecution.
Criminal prosecution is possible if you use
the mail or telephone to apply for credit
and provide false information. It’s a
federal crime to lie on a loan or credit
application, to misrepresent your Social
Security number, and to obtain an Employer
Identification Number from the Internal
Revenue Service under false pretenses.
Under the Credit Repair Organizations Act,
credit repair companies cannot require you
to pay until they have completed the
services they have promised.
No
one can legally remove accurate and timely
negative information from a credit report.
The law allows you to ask for an
investigation of information in your file
that you dispute as inaccurate or
incomplete. There is no charge for this.
Everything a credit repair clinic can do for
you legally, you can do for yourself at
little or no cost. According to the Fair
Credit Reporting Act (FCRA):
You’re entitled to a free report if a
company takes adverse action against you,
like denying your application for credit,
insurance, or employment, and you ask for
your report within 60 days of receiving
notice of the action. The notice will give
you the name, address, and phone number of
the consumer reporting company. You’re also
entitled to one free report a year if you’re
unemployed and plan to look for a job within
60 days; if you’re on welfare; or if your
report is inaccurate because of fraud,
including identity theft.
Each
of the nationwide consumer reporting
companies — Equifax, Experian, and
TransUnion — is required to provide you with
a free copy of your credit report, at your
request, once every 12 months.
The
three companies have set up a central
website, a toll-free telephone number, and a
mailing address through which you can order
your free annual report. To order, click on
annualcreditreport.com, call 1-877-322-8228,
or complete the Annual Credit Report Request
Form and mail it to: Annual Credit Report
Request Service, P.O. Box 105281, Atlanta,
GA 30348-5281. You can print the form from
ftc.gov/credit. Do not contact the three
nationwide consumer reporting companies
individually. They are providing free annual
credit reports only through
annualcreditreport.com, 1-877-322-8228, and
Annual Credit Report Request Service, P.O.
Box 105281, Atlanta, GA 30348-5281. You may
order your reports from each of the three
nationwide consumer reporting companies at
the same time, or you can order your report
from each of the companies one at a time.
For more information, see Your Access to
Free Credit Reports at ftc.gov/credit.
Otherwise, a consumer reporting company may
charge you up to $9.50 for another copy of
your report within a 12-month period.
You
can dispute mistakes or outdated items for
free. Under the FCRA, both the consumer
reporting company and the information
provider (that is, the person, company, or
organization that provides information about
you to a consumer reporting company) are
responsible for correcting inaccurate or
incomplete information in your report. To
take advantage of all your rights under this
law, contact the consumer reporting company
and the information provider.
To repairs your credit take the following
steps:
1)
Tell the consumer reporting company, in
writing, what information you think is
inaccurate. Include copies (NOT originals)
of documents that support your position. In
addition to providing your complete name and
address, your letter should clearly identify
each item in your report you dispute, state
the facts and explain why you dispute the
information, and request that it be removed
or corrected. You may want to enclose a copy
of your report with the items in question
circled. Your letter may look something like
the one on Topic 6. Send your letter by
certified mail, “return receipt requested,”
so you can document what the consumer
reporting company received. Keep copies of
your dispute letter and enclosures.
Consumer reporting companies must
investigate the items in question — usually
within 30 days — unless they consider your
dispute frivolous. They also must forward
all the relevant data you provide about the
inaccuracy to the organization that provided
the information. After the information
provider receives notice of a dispute from
the consumer reporting company, it must
investigate, review the relevant
information, and report the results back to
the consumer reporting company. If the
information provider finds the disputed
information is inaccurate, it must notify
all three nationwide consumer reporting
companies so they can correct the
information in your file.
When
the investigation is complete, the consumer
reporting company must give you the results
in writing and a free copy of your report if
the dispute results in a change. If an item
is changed or deleted, the consumer
reporting company cannot put the disputed
information back in your file unless the
information provider verifies that it is
accurate and complete. The consumer
reporting company also must send you written
notice that includes the name, address, and
phone number of the information provider.
If
you request, the consumer reporting company
must send notices of any correction to
anyone who received your report in the past
six months. You can have a corrected copy of
your report sent to anyone who received a
copy during the past two years for
employment purposes.
If
an investigation doesn’t resolve your
dispute with the consumer reporting company,
you can ask that a statement of the dispute
be included in your file and in future
reports. You also can ask the consumer
reporting company to provide your statement
to anyone who received a copy of your report
in the recent past. You can expect to pay a
fee for this service.
2) Tell the creditor or other information
provider, in writing, that you dispute an
item. Be sure to include copies (NOT
originals) of documents that support your
position. Many providers specify an address
for disputes. If the provider reports the
item to a consumer reporting company, it
must include a notice of your dispute. And
if you are correct – that is, if the
information is found to be inaccurate – the
information provider may not report it
again.
For more information, see How to Dispute
Credit Report Errors at
www.ftc.gov/credit
Reporting Accurate Negative Information
When
negative information in your report is
accurate, only the passage of time can
assure its removal. A consumer reporting
company can report most accurate negative
information for seven years and bankruptcy
information for 10 years. Information about
an unpaid judgment against you can be
reported for seven years or until the
statute of limitations runs out, whichever
is longer. There is no time limit on
reporting: information about criminal
convictions; information reported in
response to your application for a job that
pays more than $75,000 a year; and
information reported because you’ve applied
for more than $150,000 worth of credit or
life insurance. There is a standard method
for calculating the seven-year reporting
period. Generally, the period runs from the
date that the event took place.
For more information, see Building a Better
Credit Report at
www.ftc.gov/credit
The Credit Repair Organizations Act
By
law, credit repair organizations must give
you a copy of the “Consumer Credit File
Rights Under State and Federal Law” before
you sign a contract. They also must give you
a written contract that spells out your
rights and obligations. Read these documents
before you sign anything. The law contains
specific protections for you. For example, a
credit repair company cannot:
make false claims about their services
charge you until they have completed the
promised services
perform any services until they have your
signature on a written contract and have
completed a three-day waiting period. During
this time, you can cancel the contract
without paying any fees.
Your contract must specify:
the
payment terms for services, including their
total cost;
a
detailed description of the services to be
performed;
how
long it will take to achieve the results;
any
guarantees they offer;
the
company’s name and business address;
Have
You Been Victimized?
Many
states have laws regulating credit repair
companies. State law enforcement officials
may be helpful if you’ve lost money to
credit repair scams.
If
you’ve had a problem with a credit repair
company, don’t be embarrassed to report it.
While you may fear that contacting the
government will only make your problems
worse, remember that laws are in place to
protect you. Contact your local consumer
affairs office or your state Attorney
General (AGs). Many AGs have toll-free
consumer hotlines. Check the Blue Topics of
your telephone directory for the phone
number or check the National Association of
Attorneys General for a list of state
Attorneys General.
If you have poor credit
Just
because you have a poor credit report
doesn’t mean you won’t be able to get
credit. Creditors set their own
credit-granting standards and not all of
them look at your credit history the same
way. Some may look only at more recent years
to evaluate you for credit, and they may
grant credit if your bill-paying history has
improved. It may be worthwhile to contact
creditors informally to discuss their credit
standards.
If
you’re not disciplined enough to create a
workable budget and stick to it, work out a
repayment plan with your creditors, or keep
track of mounting bills, consider contacting
a credit counseling organization. Many
credit counseling organizations are
nonprofit and work with you to solve your
financial problems. But not all are
reputable. For example, just because an
organization says it’s “nonprofit,” there’s
no guarantee that its services are free,
affordable, or even legitimate. In fact,
some credit counseling organizations charge
high fees, or hide their fees by pressuring
consumers to make “voluntary” contributions
that only cause more debt.
Most
credit counselors offer services through
local offices, the Internet, or on the
telephone. If possible, find an organization
that offers in-person counseling. Many
universities, military bases, credit unions,
housing authorities, and branches of the
U.S. Cooperative Extension Service operate
nonprofit credit counseling programs. Your
financial institution, local consumer
protection agency, and friends and family
also may be good sources of information and
referrals.
Reputable credit counseling organizations
can advise you on managing your money and
debts, help you develop a budget, and offer
free educational materials and workshops.
Their counselors are certified and trained
in the areas of consumer credit, money and
debt management, and budgeting. Counselors
discuss your entire financial situation with
you, and help you develop a personalized
plan to solve your money problems. An
initial counseling session typically lasts
an hour, with an offer of follow-up
sessions.
For more information, see Knee Deep in Debt
and Fiscal Fitness: Choosing a Credit
Counselor at
www.ftc.gov/credit
Review your credit report
Even
if you don’t have a poor credit history,
some financial advisers and consumer
advocates suggest you review your credit
report periodically
because the information it contains affects
whether you can get a loan or insurance —
and how much you will have to pay for it.
to
make sure the information is accurate,
complete, and up-to-date before you apply
for a loan for a major purchase like a house
or car, buy insurance, or apply for a job.
to
help guard against identity theft. That’s
when someone uses your personal information
— like your name, your Social Security
number, or your credit card number — to
commit fraud. Identity thieves may use your
information to open a new credit card
account in your name. Then, when they don’t
pay the bills, the delinquent account is
reported on your credit report. Inaccurate
information like that could affect your
ability to get credit, insurance, or even a
job.
Sample Dispute Letter
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Date
Your Name
Your Address
Your City, State, Zip Code
Complaint Department
Name of Company
Address
City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute the
following information in my
file. The items I dispute also
are encircled on the attached
copy of the report I received.
This item (identify item(s)
disputed by name of source, such
as creditors or tax court, and
identify type of item, such as
credit account, judgment, etc.)
is (inaccurate or incomplete)
because (describe what is
inaccurate or incomplete and
why). I am requesting that the
item be deleted (or request
another specific change) to
correct the information.
Enclosed are copies of (use this
sentence if applicable and
describe any enclosed
documentation, such as payment
records, court documents)
supporting my position. Please
investigate this (these)
matter(s) and (delete or
correct) the disputed item(s) as
soon as possible.
Sincerely,
Your name
Enclosures: (List what you are
enclosing)
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The
FTC works for the consumer to prevent
fraudulent, deceptive and unfair business
practices in the marketplace and to provide
information to help consumers spot, stop,
and avoid them. To file a complaint or to
get free information on consumer issues,
visit The Federal Trade Commission or call
toll-free, 1-877-FTC-HELP (1-877-382-4357);
TTY: 1-866-653-4261. The FTC enters
Internet, telemarketing, identity theft, and
other fraud-related complaints into Consumer
Sentinel, a secure, online database
available to hundreds of civil and criminal
law enforcement agencies in the U.S. and
abroad.
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