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The
Secrets Of Credit Repair
A Consumer Guide to Real Credit
Repair
A D V E R T I S E M E N T:
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Chapter One: The
Secrets Of The Credit Bureaus
What is a Credit
Report? What Kind of Information Appears on a Credit Report?
How Long Will Negative Information Stay on my Credit Report?
How does Bad Credit Affect a Mortgage? Can I See My Credit Report?
How Much Bad Credit Does it Take for Me to be Denied Credit?
Who Looks at My Credit Report? 10 Favorite Myths about Bad Credit
What is a Credit Report?
Whenever you apply
for any type of credit or financing, a credit report is pulled
from at least one of the three major credit bureaus. While there
are hundreds of smaller credit bureaus around the country, virtually
every credit bureau is affiliated with either TRW, Trans Union,
or Equifax. These credit bureaus collect and maintain information
on the majority of Americans, but they are not affiliated with
the government in any way. The credit bureaus are for-profit
corporations and they sell your personal information for money.
They receive your personal information through the same lenders
who grant you credit.
The credit bureaus have agreements with each of
these credit grantors that require the credit grantor to inform the
credit bureau of everything that occurs in your relationship with
the credit grantor. If you make a late payment, the negative credit
listing is quickly reported to at least one of the major credit
bureaus and is added to your credit history. Credit reports are not
just a record of how you are currently managing your credit
accounts. Credit reports are histories of everything you are doing
with your credit now, and everything you have done in the past.
The credit bureaus gather this information, list
the information on your credit report, then sell it to other credit
grantors whoosh to see your credit history before they decide to
lend you money. The credit grantors who review your credit are
especially interested in any negative credit. If you have shown any
tendency to pay late, or to disregard your financial commitments in
the past, the creditors' computers will immediately reject your
application. Exactly like when you were in grade school, your credit
report is your financial report card to the world.
What Kind of Information Appears on the Credit
Report? Merchant Trade Lines These include all regular credit lines,
such as department store cards, auto loans, mortgages, and credit
cards. If there is any history of late payment, or if the trade line
was included in the bankruptcy, charged off, or put into
repossession, the listing will be considered negative by all credit
grantors. Collection Accounts When an account is referred to
collections because of delinquency or because of a bad check, this
appears on the credit report as a collection account. Collection
accounts can appear as paid or unpaid accounts.
Any type of collection account, whether paid or
not, is considered very negative by all credit grantors. Court
Records Court records include bankruptcies, judgments, liens,
divorce, satisfied judgments, and satisfied liens. All court
records, including satisfactions, are considered very negative by
all credit grantors. Inquiries Every time a potential credit grantor
looks at your credit file, a credit inquiry appears on at least one
of your credit bureau reports. If the number of inquiries is very
few over the last two years, then there may be no negative effect on
your credit worthiness. However, if there are many recent inquiries
showing on your credit report, credit grantors will become nervous
and you will probably be denied.
How Long will Negative Information Stay on my
Credit Report? The Fair Credit Reporting Act (FCRA) requires that
most negative credit items be deleted from your credit bureau file
in no more than seven years, except for bankruptcy which can be
reported up to ten years. These are the time limits for reporting
negative credit. The creditor or credit bureau can choose to have
the negative credit information whenever they please. Inquiries
remain on the credit report for two years.
A
D V E R T I S E M E N T:
Trouble obtaining that loan? Be approved for bad
credit personal loans for any
purpose.
How Does Bad Credit Affect a Mortgage? Would you
believe that it is usually much harder to qualify for a gas card
than it is to qualify for a home loan? Like many, you may have
already disqualified yourself from buying a home due to bad credit.
Little do you know, you may be considered an "A" buyer by many
brokers and lenders. Even if your bad or insufficient credit
disqualifies you as an "A" buyer, a home loan at standard interest
rates may still be within your reach.
Homes are very secure collateral. Because of
this, the lenders feel more comfortable lending you money against
the property. As opposed to unsecured credit lines, the lender will
be primarily interested in your job security, debt to income ratio,
and ability to pay a reasonable down payment. Your credit report
will only represent minor role in your mortgage approval.
Can I See My Credit Report? Most credit grantors
are not allowed by the credit bureaus to show you your own credit
report. But, you can purchase your credit report from the credit
bureaus for a fee. Once you receive your credit report, you may find
that you cannot read it because the information is listed in an
unfamiliar code. Trans Union and Equifax credit reports are very
difficult to interpret and understand. TRW credit reports, however,
are quite easy for most people to read.
How Much Bad Credit Does It Take for Me to be
Denied Credit? As you may have already experienced, as little as one
small late pay listing will bring credit denials at every turn. It
is a myth that a large amount of positive credit can outweigh some
negative credit. Any negative credit whatsoever will become a
substantial credit obstacle in almost every case.
Who Looks at My Credit Report? With the passing
of each year, your credit report is used more and more often as a
yardstick to measure your character. Prospective collectors will
always review at least one of your credit reports before granting
you credit. Today, it is increasingly common for insurance companies
to review your credit before extending auto or health insurance.
Many employers now check credit before they consider you for a
position. If you rent, you may have already been through a credit
check to determine your worthiness as a renter.
10 Favorite Myths
about Bad Credit
Myth #1 When I pay off a past-due account, such
as charge off or collection account, it will show "paid" and will no
longer be negative. It is practically impossible to restore your
credit without somehow satisfying your outstanding debts. However,
the act of paying off a debt actually hurts your credit. Negative
credit is allowed to stay on the credit report for a maximum of
seven years, except for bankruptcy which may remain up to ten years.
This seven year clock begins ticking on the "date of last activity,"
or, in other words, when the last action took place on the account.
By paying an outstanding, delinquent debt you will change the
account status to "paid collection," "paid was late," or "paid was
charged off"-- which will stand out as a very negative listing.
Furthermore, you will create a new date of last activity on the day
you settle the account. The seven year clock will reset and begin
all over again. When you have outstanding debt, it is almost always
prudent to seek professional aid so that you may settle your debts
without further damaging your credit (see Should I Use a
Professional?)
Myth #2 If I succeed in deleting a negative
item, it will just come right back on my credit report. The credit
bureaus have very cleverly spread this myth through the news media
and even government regulators. In truth, the credit bureaus will
often temporarily delete a negative listing if they haven't heard
back from the credit grantor after approximately thirty days. If the
credit grantor reports in tardy, say after six weeks and verifies
the negative listing, the credit bureau will often reinsert the
negative listing on the credit report. This is often known as the
"soft delete." Eventually, though, the creditor simply fails to
respond to respond and the negative listing is permanently deleted.
If the item is verified by the credit grantor, either before thirty
days or after, the account may still be challenged again at some
future time.
Myth #3 There are some types of negative
listings, such as bankruptcies and foreclosures, that are impossible
to remove from the credit report. There is no type of negative
listing that hasn't been removed from a credit report a thousand
times. Some types of negative listings, such as bankruptcy or unpaid
debts, are certainly more difficult to remove from the credit
report, but this has more to do with the operational systems of the
credit bureaus than it has to do with the severity of the bad credit
item. For example, judgments and tax liens are severely negative
listings, yet are easier negative listings to remove.
Myth #4 Disputing the credit report is easy and
any consumer can do it himself for the price of a few postage
stamps. Disputing the credit report is easy. Getting results from
the credit bureaus is amazingly difficult, complex, and infuriating.
It isn't a coincidence that the Federal Trade Commission receives
more complaints against credit bureaus than any other type of
business. Remember, the credit bureaus are primarily interested in
protecting their profits. Investigating your challenge consumes
these profits. Short of sparking mass numbers of lawsuits, the
credit bureaus will do everything in their power to discourage
consumers from making progress with their credit restoration.
Restoring your own credit is like repairing your own transmission or
representing yourself in court: it is possible, but you must decide
if you are willing to take the time and assume the risks of doing it
yourself.
Myth #5 If I declare bankruptcy, I can begin my
credit report all over with a clean slate. Many bankruptcy attorneys
do not adequately understand of explain the effects of bankruptcy to
their clients. Stated simply, bankruptcy is to the credit rating
what the nuclear bomb is to war. When you file for bankruptcy, every
credit account that you decide to include in bankruptcy will become
an "included in bankruptcy" account. Additionally, a bankruptcy
filing and bankruptcy discharge listing will appear in the court
records section of your credit report. Because so many negative
items are attached to the bankruptcy, it becomes very difficult to
remove all trace of the bad credit. If at all possible, you should
avoid bankruptcy.
Myth #6 If you are not satisfied with the
results of your credit bureau challenge, you may file a "100 word
statement" on your credit report explaining your side of the story.
Creditors will read your statement and will take it into
consideration. No creditor, that we know of, considers information
given in a 100 word statement. The statement only serves to very
some of the negative listings on the credit report.
Chapter Two: Creating Good Credit
Maybe you've recently finished restoring your
credit or maybe you're young and haven't used credit yet. In either
case, it's easy to build a positive credit history quickly and
cheaply. Most times you can build a glowing credit report in just a
couple of weeks. First, you must make sure that you're credit report
is spotless. Most times, creditors will protect their liability by
giving you several reasons for your credit denial. If you receive a
denial letter that states, "Derogatory credit accounts &
insufficient positive credit accounts," don't worry about the
positive credit until you've repaired the bad credit. That creditor
would've probably denied you regardless of your bad credit history.
If you have any bad credit on your credit
report, see the Restore Bad Credit file in this web site. Now that
your credit is perfect, you are ready to build a positive credit
profile. Follow any or all of these techniques to stack your report
with A-1 listings. But, beware, if you stack too many open accounts,
or too many credit inquiries, you will be denied based on debt to
income ratio and excessive credit inquiries. If you already have a
problem with excessive credit inquiries, see the Erase Credit
Inquiries file in this web site. Piggy-back on a Friend If you know
someone (like a good friend or parent) who has good credit, you can
"borrow" their good credit listings. This friend must have credit
cards, and must trust you enough to allow you to become an
"authorized user" on his credit cards. Just have your friend call
his credit card company and request that you be placed on his card
as an authorized user. A copy of the card will be sent and you may
simply return it to your friend. Your credit file should soon show
an open account with all of the positive history that your friend
has created over the years with that credit card. A small footnote
will show that you are an authorized user of that card.
Remember, though, when a new credit grantor goes
to review your file, he may insist that the balance on the card
appear on your debt to income ratio balance sheet. That shouldn't
disqualify you for credit if your income is sufficient and you don't
have a n excess of debt on your file. Get a Collateralized Credit
Card Telephone the North American Consumer Alliance (NACA) at (801)
263-1373 and request their collateralized Visa card. You can get
this card even if you have some bad credit still on your credit
file. The Visa that NACA offers will allow you to utilize 150 % of
the money which you place as collateral. So, if you put up $500.00
as collateral, you will be allowed to charge up to $750.00. Do the
Credit "Waltz" Most banks will help you to build credit by allowing
you to borrow against an amount placed in savings.
Here's how you can "waltz" $500.00 to $1000.00
into a good credit rating without tying the money for more than a
few hours.
Step One. Deposit an amount over $500.00 in a
bank savings account. Explain to your account representative that
you would like to build good credit by taking out a loan against
that amount. Make sure you understand the terms of the loan. You
must make certain that at the bank will allow you to pay the note
off within 90 days without an interest penalty.
Step Two. Take your new $500.00 loan to another
bank and repeat Step One.
Step Three. Repeat Step Two until you are
satisfied that you have enough accounts to constitute sufficient
positive credit.
Step Four. After ninety days, return to each
bank and ask that each loan be retired with the $500.00 being held
as collateral. Seek Easy Credit Many stores extend credit without
tremendous regard for the credit standing of the applicant. These
stores usually can be found in industries with small products or
traditionally high mark-ups.
Here are a list of creditors who will often
extend credit to those without much credit history: Fingerhut Radio
Shack Jewelers Furniture Stores Tire Stores Appliance Stores Easy
credit Auto Dealerships
Chapter Three:
Obtaining A Mortgage
Would you believe that it is usually much harder
to qualify for a gas card than it is to qualify for a home loan?
Like many, you may have already disqualified yourself from buying a
home due to bad credit. Little do you know, you may be considered an
"A" buyer by many brokers and lenders. Even if your bad or
insufficient credit disqualifies you as an "A" buyer, a home loan at
standard interest rates may still be within your reach. Homes are
very secure collateral.
Because of this, the lenders feel more
comfortable lending you money against the property. As opposed to
unsecured credit lines, the lender will be primarily interested in
your job security, debt to income ratio, and ability to pay a
reasonable down payment. Your credit report will only represent
minor role in your mortgage approval. On the other hand, much
depends on the mortgage broker whom you choose. For example, you may
walk into a bank, apply for a mortgage loan, and be turned down
flat.
On the same day, you could step into the office
of an independent mortgage broker, and he will pre-approve you for
an "A" mortgage. Each mortgage broker uses one or more lenders to
fund the home loans which come to him. The mortgage broker's job is
to match you with the appropriate lender. For this service, you or
the home seller will pay the mortgage broker "points". These points
are equal to percentage points of the loan amount. If you are paying
your broker "2 1/2 points" on a $120,000 home loan, that will come
to a $3000 payment to the broker.
There is nothing wrong with making the mortgage
broker (and your real estate agent) earn their fees. Almost
invariably, there will be problems that arise with your mortgage.
Your mortgage broker and real estate agent are responsible for
coming up with creative solutions to those problems. Some mortgage
brokers will look at your less-than-perfect credit and suggest that
you accept a "B", "C", or "D" paper mortgage. This means that the
loan will require a larger down payment, a higher interest rate,
better debt to income ratio, and, of course, more points for the
mortgage broker. These high-risk loans are not very good deals. Many
times, with the right mortgage broker, you could've qualified for an
"A" paper mortgage.
Remember, a very small difference in your
interest rate will cost you tens or hundreds of thousands of
dollars. Do everything in your power to qualify as an "A" paper
lender. Even if your broker encourages you to go with the high-risk
mortgage, don't cave in. You have other options. Certain negative
credit items can kill a home mortgage. A bankruptcy that has taken
place in the last one year usually represents a deal-killer. With
some mortgage brokers bound by less permissive guidelines, even a
two year bankruptcy will kill the deal. The good news is that the
right lender wont care if you declared bankruptcy as long as it is
at least one year old. Any unsatisfied court record, such as a tax
lien or judgment, will become an obstacle to your loan.
Sometimes, if you can just show your broker that
you have satisfied the lien or judgment, they will forgive one court
record. Otherwise, you will need to restore your credit a little
before you apply. Any kind of outstanding, delinquent debt will pose
a major obstacle. Even if you have paid the debt within the last
twelve months, it will probably still be a problem. Unpaid
collections, charge-offs, deficiencies on a repossession, remaining
balance on a foreclosure will all destroy your chances of "A" paper.
If you go to pay the debt immediately before you go to get a home,
the creditor who you are paying will not likely agree to remove the
"Paid collection" listing on your file. In order to pay outstanding,
delinquent debt such as this without jeopardizing a home loan, you
will require the assistance of an attorney.
The best solution is to simply settle the debt a
year before you intend to apply for a mortgage (see Eliminate
existing debt. ) If you do this, the "Paid collection" notice will
be one year old when you go to apply and the right mortgage broker
will be able to get you into "A" paper. A foreclosure in your past
is the ultimate black mark when you're applying for a home loan. If
you have a foreclosure, you will need to delete that listing from
the credit report before you can qualify for "A" paper (See Restore
bad credit.) Any late pays that have happened within the last year
will also present a problem.
You can usually explain one or maybe two
thirty-day late pays, but if you have more, you will need help
getting them removed. You can try to contact the creditors reporting
the late pays and ask them to remove the listing. If you have a
decent reason why the late pay is a mistake, then the creditor might
delete the item for you. Do not bother to tell them why you were
late. They will not care what happened to you. Your only salvation
will be to convince the creditor that there was a mistake and that,
by some logic, it was their fault that you were late. If you aren't
making progress with your creditors, you will need the help of an
attorney. You will be amazed at how easily a law firm can get your
creditors to come around to your way of thinking. When a mortgage
broker prepares your file for the underwriter (the lender), he will
use a Standard Factual Report to check your credit.
The Standard Factual company can aid in the
deletion of negative credit listings. If you get a creditor to agree
tore move a derogatory listing, all you need is a letter or a phone
call from the creditor to the Standard Factual company and the
derogatory credit item will disappear from the Standard Factual
report (not the credit report, though.) Most lenders will allow
several negative items if you can adequately explain them. But, they
only want to hear explanations that are medically related. If you
can show the lender where an accident or illness caused a late pay
or collection, they may let the derogatory listing slide. The good
news is that any satisfied, derogatory credit listings that are over
one year old (besides a foreclosure) can be overlooked by a lender.
Any problematic derogatory listings can usually be overcome by you
or a practiced law firm.
Don't accept high-risk paper until you have
exhausted all of your options. Remember, you can save yourself tens
of thousands of dollars by investing a little now to perfect your
credit before you go into a new home. If you would like help, just
telephone the Toll-Free Credit questions number: 1-800-653-9529.
Chapter Four: Erasing Credit Inquiries
Every time you apply for credit, and the credit
grantor checks your credit report, a credit inquiry is placed on
your file. Even if you receive a credit offer in the mail and you
respond, your credit will almost certainly be checked and a credit
inquiry will be added to your credit report. Credit inquiries are
bad because too many of them can indicate to a creditor that you're
"credit hungry" and may be in financial trouble.
Worse yet, the creditor has reason to believe
that you received many of the credit lines that are showing as
inquiries, and that many of those credit lines have not yet appeared
on your credit report. Too many recent inquiries indicate to a
potential credit grantor that your debt to income ratio may be much
higher than you say. Most creditors disregard inquiries once they
have been on your credit report for six months or more. This may not
help your situation if you need credit right away or if applying to
a creditor who looks at all of your inquiries. All credit inquiries
should come off your credit report after two years.
If you're not willing to wait, you may take
these steps:
Step One. First, you must find out which credit
inquiries are getting in your way. Order all three of your credit
reports following the instructions in the Order Your Credit Reports
file on this web site. When your reports arrive, look toward the end
of your credit report to find the inquiries. Some of the inquiries
are only promotional and will not be shown to prospective credit
grantors. You need not worry about those. Identify only the
inquiries that are shown to credit grantors. You should recognize
some of these as places where you applied for credit, but others may
be a complete mystery to you.
Step Two. You must then find the addresses for
each credit inquirer. Your TRW credit report will list addresses for
each of the inquirers. Your Trans Union and Equifax reports will
show no addresses for credit inquirers. Match your TRW with your
Trans Union and Equifax reports; you should be able to use the same
addresses on the inquirers that are listed on TRW and on one of the
other credit reports. If some of the addresses don't show up on TRW
but do show up on either Trans Union or Equifax, you will have to
call the corresponding credit bureau to find the address. It is
almost impossible to get a live body on the telephone at Trans
Union, but Equifax has an 800 number listed at the top of their
reports. If you have a inquirer on your Trans Union and you can't
reach Trans Union by phone, then you might try calling the 800
directory (1-800-555-1212) and request the 800 number for the
inquiring creditor. Once you have collected all of the addresses for
each inquiring creditor on each credit report, you are ready for
step two.
Step Three. Now you must prepare letters to each
inquiring creditor asking them to remove their inquiry. The Fair
Credit Reporting Act allows only authorized inquiries to appear on
the consumer credit report. You must challenge whether the inquiring
creditor had proper authorization before pulling your credit file.
You may write the inquiring creditors a letter such as this:
Re: Unauthorized Credit Inquiry
Dear American Express,
Recently, I received a copy of my TRW credit
report.
The credit report showed a credit inquiry by
your company that I do not recall authorizing. I understand that you
shouldn't be allowed to put an inquiry on my file unless I have
authorized it.
Please have this inquiry removed from my credit
file because it is making it very difficult for me to acquire
credit. I have sent this letter certified mail because I need your
prompt response to this issue.
Please be so kind as to forward me documentation
that you have had the inquiry removed. If you find that I am remiss,
and you did have my authorization to inquire into my credit report,
then please send me proof likewise.
Thanking you in advance,
Jane Caveat-Debtor
Step Four. Some of your creditors may provide
documentation that a credit inquiry was authorized by you. Read the
authorization that you signed very carefully. If there is any
ambiguity, you can write back and argue that the inquirer's
authorization form was too complicated and not easily understood by
the layman. You can threaten to contact the state banking commission
and complain about a deceptive and unclear authorization form if
they don't remove your inquiry. Some creditors will try to ignore
your challenge. Be sure to send each letter Certified Mail Return
Receipt Requested and keep close track of the time that you sent the
letter. If the inquiring creditor doesn't respond within about
thirty days, you will have ample grounds to call the inquiring
creditor and demand some action.
At that point, it's almost irrelevant whether or
not you authorized the inquiry. Then it becomes about the creditor's
lack of response to a consumer dispute. Be sure to hold your ground
and demand that the inquiry be immediately removed or you will
complain to the state banking commission or similar authorities.
Many of your inquiring creditors may simply agree to delete the
inquiry as a courtesy or because they cannot or will not verify your
authorization. That is the goal. Remember, it is not likely that you
will need all of your credit inquiries removed - just enough to keep
you from being denied credit.
Chapter Five: Settling Unpaid Debts
Many times we have been asked, "Can I just
delete the negative listing without paying the debt?" In most cases,
the question comes from someone attempting to dishonestly escape a
legal obligation. While it is true that negative debt listings can
be deleted from the credit report - even while the debt remains
unpaid - it is also true that these listings stand a good chance of
reappearing on the credit file sooner or later. There is a better
alternative than attempting to escape the debt. You can create a
true win-win situation by settling the debt with the creditor. It is
our experience that the average consumer will settle a debt for
about 75 cents on the dollar. It is also our experience that a
professional negotiator will settle an average debt for about 60
cents on the dollar including their fee. There is rarely a good
reason to attempt your own debt settlement. Creditors will not take
you half as seriously as they will take your attorney.
Handled properly, you will save time and money
by seeking a good attorney to negotiate with your creditors. If you
need debt settlement assistance, call Lexington Law Firm at
800-653-9529 for very low cost debt settlement. You will be money
ahead if you get the right help.
Understanding the True Risks and Realities of
Overdue Debts
Most consumers overestimate the risk involved
with overdue debts. They worry about possible repercussions such as
wage garnishment and property seizure by their creditors. When the
debt relates to a secured property, such as an automobile or a home,
the possibility of repossession is quite serious, but unsecured
debts, such as credit cards and deficiencies are much less pressing.
In fact, very few creditors will push all the way to a garnishment
on a relatively small unsecured debt. Garnishment and seizure are a
creditor's most terrifying weapons used to collect past due debt,
but they are expensive and time-consuming.
Even if the creditor went all the way to recover
the debt, they probably wouldn't be able to recover enough to offset
their collection costs. Therefore, there is very little risk of a
creditor taking an unsecured debt past simple collections. It is
important to remember, however, that the creditor would be in his
rights to get a garnishment and seize property, even for a small
debt. There is some risk of financial reprisals when a debt goes
unpaid. Many consumers fold under the perceived strain of unpaid
debts. Hundreds of bankruptcies take place in the United States each
week for amounts under $5000.
These consumers are so intimidated by their
creditors, that they flee to bankruptcy, even though bankruptcy can
bring total financial devastation for at least the next ten years.
If these same consumers had simply waited, and ignored the
threatening letters and telephone calls, they would have realized
that their creditors were all bark and no bite. Bankruptcy is the
best option for some few consumers, but it is much overused. And,
when a consumer files for bankruptcy, everyone loses - especially
the creditors. The risks of judgments, garnishments, and property
seizures must be properly balanced against the likelihood that such
drastic collection measures will ever happen. The risk, and the
decision to take that risk, are entirely yours if you're in such a
position.
Which Debts Can Be Settled? An unsecured debt is
a debt where their is no collateral. Unsecured debts include medical
bills, credit cards, department store cards, personal loans,
collection accounts, student loans, amounts remaining after
foreclosure or repossession, and bounced checks. Most unsecured
debts can be settled. But, utility companies generally wont settle
for less than the full balance. There are some few creditors who
will never compromise, but most will take a less-than-full payment
as settlement in full to close a troublesome account. Secured,
collateralized debts, such as a home or automobile, are another
story.
If the creditor can simple repossess the
property, why should he negotiate? You can often renegotiate a short
payment relief with a secured debt, but don't attempt to settle the
account while you still possess the property. Also, the creditor
must have a good reason to want to settle. If the account is paid
current, and there is no recent history of late payment, it will be
difficult to convince the creditor that it is in their best interest
to settle. This should not be read as are commendation that you stop
paying your bills that are current. If you stop paying your current
bills, you will almost certainly make your credit situation worse.
Perhaps bad credit is not an issue for you at this point and you
feel you musts top paying your bills in order to settle them and get
back on top of your debt load. If this is the case, you make such a
decision at your own risk.
Getting the Upper Hand As time passes, the
creditors will likely stop calling and the debt will be filed away
for future attention. The longer the debt remains uncollected, the
better your chances will be of getting a good settlement.
Eventually, the creditor will consider the bad debt a loss in order
to receive a corporate tax write-off. This does not mean that you
don't owe the debt. The corporation may then collect on the debt
themselves, sell or assign the debt to a collection agency, press
for a judgment and garnishment, or temporarily ignore the debt. The
course of action chosen by the creditor will vary widely between
corporations and debts. In our experience, the consumer rarely has
sufficient funds to repay a debt in full when a creditor demands
payment. In many cases, much of the debt represents interest and
penalties accrued while the consumer was unable to pay. It will be
in the best interests of both parties if a reasonable arrangement
for settlement can be reached. However, you cannot expect to reach
an affordable settlement if the creditor thinks he has the upper
hand. If, for example, you tell a creditor that you really need to
get this debt settled to get into your dream home, you can forget
any kind of settlement.
The creditor will insist on the full balance. It
will be in your best interest if the creditor believes that you have
very little money and you are teetering on the edge of bankruptcy.
The attorney who handles your settlements should approach each
creditor as though this is their last chance to compromise, and get
something out of your debt, before you declare bankruptcy and they
get nothing. Also remember that time is on your side. Never look too
eager to settle. Take plenty of time to reach an agreement. Don't
accept the first, or even second, settlement offer. Make sure that
they are the ones calling you to push the deal forward. You have the
natural advantage in debt settlement, because you have something the
creditor wants. You must hold out for your terms until the creditor
gives you what you want. Once you've written that settlement check,
your advantage disappears. So, get your term s in writing before you
even open your checkbook.
Using Settlements to
Restore Your Credit
The credit reporting system gives consumers very
little reason to pay their debts. If the debt were ignored, the
consumer would have a good chance at never hearing from the creditor
again, and, after seven years from the date the debt was written
off, the negative credit listing would disappear. If the consumer
were to pay the debt, then that seven year period would begin all
over again. A paid collection or charge off will trigger credit
denial as quickly as an unpaid collection or charge off. It's like
getting time added to your sentence for good behavior.
Fortunately, creditors make their profits by
collecting from their customers, not reporting negative credit
information. Because creditors can see this "catch-22" situation,
they will often agree to delete any negative listing upon settlement
of the debt. Collection agencies will always agree more readily to
delete the negative listing than banks or credit cards. The only
case where you should have a real problem with collection agencies
is when they represent a larger, institutionalized creditor. Many
creditors, though, have an agreement with the credit bureaus that
they will not allow a negative listing to be deleted upon
settlement.
Larger creditors, such as huge credit cards or
banks will require more pressure before they will agree to delete a
negative listing, but virtually every creditor will give in with the
right amount of convincing. Every creditor who reports to the credit
bureaus can also change the information they report. In most credit
organizations, there are dozens of people with the authority to make
changes on the credit report. Anything a creditor reports, a
creditor can change.
You may take two approaches to having the
negative information deleted upon settlement of a debt:
pre-notification of terms and post-notification of terms.
Pre-notification of terms: you tell the creditor up-front that you
will require the deletion of the entire negative listing as a part
of the payoff. The agreement to delete the listing and consider the
debt settled is documented in writing and signed before the payoff
takes place.
Advantage: Time will be saved and you wont be
disappointed at the last moment. It is also less likely that you
will have to fight the creditor later to actually delete the
negative listing.
Disadvantage: When the creditor discovers that
your credit is important to you, he will usually ask for a larger
settlement amount - sometimes full balance - to meet your terms.
Post-notification of terms: once settlement
negotiations are complete, the creditor receives the agreed payment
with the requirement that the negative listing be deleted attached
to the check. This approach requires use of a "conditional
endorsement" document (drafted by your attorney) notifying the
creditor of your terms.
Advantage: You will almost always get a better
settlement amount. The creditor will often be tempted by the payoff
when the terms arrive and will deposit the check without blinking at
the new terms.
Disadvantage: The creditor often hangs up on the
new term and might send the settlement check back. The creditor
might still ask for more money, or reject on the deal altogether. If
the creditor simply deposits the check without intending to follow
through with your new term, you will have to fight the creditor
later and force him to delete the negative listing. Never expect a
creditor to meet an agreement that was made verbally.
Everything must be in writing and, even then,
you will probably have to fight to make the creditor live up to his
end of the bargain. You may find that some of your creditors are
willing to hold out longer than you are willing to hold out before
agreeing to delete the negative listing from your file. In other
words, they will not agree to delete the negative listing under any
circumstance. Once again, let it be said that every creditor will
give you what you want if you speak to the right person long enough
and you make the right offer.
But if you are on a time-line, and your attorney
can't get them to agree to full deletion, you have a couple of other
options: List the Account as "Paid" only. You may counter-offer that
the creditor simply list the account as "Paid" rather than delete it
altogether. This is a true indication of the status of the account
and many creditors will concede and agree to this wording. A "Paid"
status is still very negative for a collection account or an account
that will show "Paid Charge-off" or "Paid repossession." You should
only agree that the account show "Paid" if all other negative
notations, such as "Charge-off," "Repossession," late notations, and
"Collection," are deleted at the same time. A simple "Paid" notation
on a regular trade line is neutral and should not hurt your credit.
List the Account as "Settled" only. You may counter-offer that the
creditor simply list the account as "Settled" rather than delete it
altogether. "Settled" is an inherently negative listing but not as
negative as "Paid charge-off." Don't agree to a "Settled" listing
until you have exhausted all other possibilities. "Settled" will
still trigger a credit denial. You should only agree that the
account show "Settled" if all other negative notations, such as
"Charge-off," "Repossession," late notations, and "Collection," are
deleted at the same time. If you agree to a "Settled" notation, you
must continue to work hard to delete the notation through the credit
bureau dispute process. List the Account as "Paid Charge-off" or
"Paid Collection" or "Paid was 30, 60, or 90 days late." This will
be the creditor's first choice, and your last choice, of what to
place on your credit report once you have paid. These notations are
almost as damaging as showing the same debt unpaid. It is very
common, though, for an account to be deleted (through credit bureau
disputes) once it has been paid. The creditor now has no compelling
reason to keep the negative listing on your report. For this reason,
it is still usually a good idea to settle even if the creditor wont
budge on deleting or positively modifying the negative listing.
Chapter Six: Restoring Bad Credit
What are the risks of doing it yourself?
Ordering your credit reports. Organizing Yourself Analyzing your
Credit Report Drafting your Disputes Sending your Disputes Getting a
Response Seeing Results Fourth Quarter Strategies Settling your
Debts Disputing the Information with the Source Submitting a 100
Word Statement with the Explanation What are the risks of doing it
yourself? Most how-to credit restoration books include example form
letters for the reader to use in disputing his negative
credit.
But, employees of the credit bureaus are usually
the first in line at the newsstand to buy the new how-to book.
Therefore the credit bureaus immediately spot these standard forms.
Once the bureau has zeroed in on the structure of the form, any such
letter will immediately earn a "frivolous or irrelevant" response
from the checker. Many times, the credit bureau will see this as a
sign that the customer is "yanking their chain" and the checker will
"red flag" the client's credit report for future reference.
These instructions will not provide for specific
techniques or form letters, as the credit bureaus have proclaimed
publicly that they can spot such forms. Rather, we provide general
outlines and strategies that you may follow as you dispute your
negative credit. However, it is important for you to understand that
there are risks in restoring your own credit. These risks are
greatly multiplied if you cannot dedicate sufficient time to the
task, or if your organizational skills aren't top notch. Countless
do-it-yourselfers make seemingly harmless mistakes in the process of
disputing their credit, only to make their credit files worse -
ultimately seeking professional help after too much damage has been
done.
These risks include: - Red flagging the
individual file as someone attempting credit repair.- Unwittingly
self-verifying negative information.- Making statements that create
a fraud indicator, hawk-alert, or trans-alert.- Adding statements to
the negative listings which do nothing but substantiate them.- Doing
anything to tip the credit bureau that you are systematically
attempting to restore your credit. While restoring your own credit
may save you money, if it is done improperly it can cost you
thousands of dollars in lost time, hassle, and you may do more
damage than good to your credit. Ordering your Credit Reports Before
you begin the battle, you must study the battlefield. The struggle
to restore your credit will be fought between the lines of your
three credit reports.
These reports will cost $8.00 each, unless you
live in Maine or South Dakota, where the reports will cost $2.00
each. As mentioned before, the credit bureaus change addresses
regularly, so we will provide the current credit report ordering
addresses, but you may wish to telephone the credit bureaus to
confirm that these addresses are still correct (phone numbers
available through www.bigyellow.com TRW PO Box 949-0949 Chats worth,
CA 91313 Trans Union PO Box 390 Springfield, PA 19064 Equifax PO Box
105873 Atlanta, GA 30348 You may also obtain credit reports for
free, but this method only works if you have recently been denied
credit. If you have been denied credit in the last 60 days, you may
write to the credit bureau listed on your denial letter and request
a free copy of your credit report. It may take a little longer than
if you simply purchased the report, but it will save you $8.00. If
you telephone the credit bureau to order your credit reports or to
confirm their mailing address, you will most likely reach their
phone mail system.
However, if you do speak to a credit bureau
representative about any issue, be careful. Say nothing that would
indicate you are attempting to restore your credit. Don't try to
submit your dispute over the telephone; it will be hard enough to
get it right in writing, even with plenty of time to weigh your
words. Be sure to send your request for a credit report via
certified mail, return receipt requested. Your local post office
will provide you with the necessary forms. Copy your letters and
checks and file them according to the date they were sent. The
credit bureaus will, very often, take your check and send you
nothing. Don't despair, this is just another skirmish in a long
battle. If you receive no credit report after you have followed
these steps and waited about three weeks, then you must send a
follow-up letter, again certified mail, return receipt requested,
demanding that the credit bureau forward a credit report
immediately. Include a copy of your check and your original letter.
Remember, you have the right to purchase and see your credit report.
Organizing Yourself
As soon as you have ordered your credit reports
and copied your order letters and checks, you must create a precise
organizational system to track your correspondences with the credit
bureaus and your creditors. Purchase a large, desk blotter-size
calendar and a fine-point pen. On each date box, reserve the top
portion of the box for correspondence deadlines, such as the date
you expect to receive a credit report from a particular bureau, or
when you expect a reinvestigation to be completed. Reserve the
bottom portion of the date box for notations, including actions you
have taken, such as when you ordered your credit report, or when you
sent your dispute letter. Purchase a small file cabinet to keep your
credit bureau and creditor files organized. You should open a file
for each credit bureau, two files per credit bureau if you are
working as a couple.
Every time you receive a credit report, credit
bureau correspondence, or you send a correspondence, a copy of the
document must be dated (by date sent or received by you) and filed
in the appropriate file. Keep all the documents in chronological
order in the file. Open another file for each creditor. You will
also be communicating with the individual creditors. Follow the same
rules for document filing as mentioned above for credit bureaus.
Every time you have a telephone conversation with a creditor, you
must document the contents of the conversation by writing the name
of the person you spoke with, his or her position, the date and time
of the conversation, what was said, and what you agreed to do. You
should also get the name of the person's superior, and the
superior's direct phone number as well. This documentation should be
noted on a single sheet of paper and filed chronologically in the
creditor's file.
Analyzing Your
Credit Report
When you first receive your Trans Union and
Equifax credit reports, you will be totally lost. The information is
coded in a way that is not immediately readable by the average
consumer. Each credit report should arrive with a key that
interprets the codes and indicators on the credit report. Sit down
with the report and the key and study it until you understand what
each number and code means. Don't write on your original credit
report -- yet. Make all of your notes on a copy of the report. You
will be sending your original report with your dispute letter, so
you should make at least two copies of each new report. The original
goes with the dispute, one copy is for notes, and the other copy is
kept clean for your file. Gather a yellow and orange highlighter
pen. Whenever you identify a negative listing, mark it in yellow on
your scratch copy of the credit report. Often, it is difficult to
tell if an item on the credit report is negative or positive.
The following table will help you identify every
negative listing on your credit reports: Negative Credit Indicators
If the listing contains one or more of these indicators, then the
listing is negative. If the listing contains none of these
indicators, then the listing is positive. TRW Credit Report any item
marked with an asterisk any inquiry Trans Union Credit Report any
item rated higher than I1, M1, or R1. any item listed as
repossession, foreclosure, profit and loss write-off charge-off,
paid profit and loss write-off, paid charge off, settled, settled
for less than full balance, or included in bankruptcy any collection
amount, whether paid or not. any court account, including a lien,
judgment, bankruptcy chapters 11, 7, or 13, divorce, satisfied lien,
or satisfied judgment. any item showing one or more thirty, sixty,
or ninety day late payments in the column to the far right. any
inquiry. Equifax Credit Report any item rated higher than I1, M1, or
R1 (such as R2 or I9). any item proceeded by a ">>>" icon.
any item listed as repossession, foreclosure, profit and loss
write-off charge-off, paid profit and loss write-off, paid charge
off, settled, settled for less than full balance, or included in
bankruptcy. Any collection amount, whether paid or not. any court
account, including a lien, judgment, bankruptcy chapters 11, 7, or
13, divorce, satisfied lien, or satisfied judgment. any item showing
one or more thirty, sixty, or ninety day late payments in the column
to the far right. any inquiry. Once you have marked all negative
items on your credit report with a yellow highlighter, you may begin
looking for inaccuracies and inconsistencies in your credit report.
Whenever you identify an inconsistency or inaccuracy on your credit
report, mark it with the orange highlighter. An inaccuracy is
something you know is not true, such as a listing that doesn't
belong to you or a listing showing the wrong balance. An
inconsistency is when the same information on the credit report
contradicts itself, such as a listing showing 12 thirty-day late
notations when the listing only shows 4 months reviewed. Later, when
you are constructing your dispute, you can use these inaccuracies
and inconsistencies to lend credibility to your
challenge.
Drafting your
Disputes
Don't wait for all of your credit reports to
arrive before you begin to analyze and dispute them. Remember, you
will need to invest two things to restore your credit: money and
time. Not only will you invest substantial time in analyzing your
credit report, preparing your disputes, speaking with creditors, and
tracking your results, but you will invest calendar time. You want
every day to eat away at your bad credit. That can only happen if
you never procrastinate any step of this process. If you
procrastinate drafting your disputes, you will never finish the job.
If you tend to procrastinate, seek professional help to restore your
credit.
After you've analyzed your reports and marked
every negative listing in yellow and every inaccuracy and
inconsistency in orange, you may begin to develop your dispute
letter. As previously mentioned, we will provide no form letters for
disputes as they will quickly be spotted and rejected by the credit
bureaus. Rather, we provide general strategies which have proven
effective in forcing the credit bureaus to fulfill their
responsibility and conduct an investigation into your disputed
items.
Fundamentally, you must follow these rules: The
Ten Commandments of Disputing Your Credit
Commandment One: Never lie in your disputes or
on your credit applications. In many states, it could be a crime for
you to lie when disputing your credit report. Therefore, you are
cautioned that you must never lie or make misleading statements when
disputing your credit report or completing a credit application. In
most cases, it is a federal crime to lie on a credit application.
Furthermore, it is unnecessary to lie when disputing your credit
report. Remember, you have the right to dispute your credit report
so long as you have reason to believe that is in unverifiable,
inaccurate, or obsolete. In order to dispute information that is
technically accurate, but should still be investigated and deleted
on the basis of verifiability, you must invent other means of
disputing the listing besides claiming that it is "not mine" or "was
never late."
Commandment Two: Always indicate whether the
disputed listing is being challenged as "not mine" or "not late."
While you must never say that the account isn't yours or that you
were never late unless you have reason to believe that statement is
true, the credit bureau must know if you are disputing the existence
of the listing or just the information within the listing. They
cannot begin an investigation unless they know whether you believe
the listing doesn't belong on your report at all, or if you believe
the information on the listing should be changed. If you are unclear
about the nature of your dispute, the credit bureau will promptly
return your letter. If you dispute a listing on the basis that you
were "not late," and if the credit bureau fails to verify the
listing, then the listing will be perfected and appear as a positive
listing. If you dispute a listing on the basis that it is "not
mine," and if the credit bureau fails to verify the listing, then
the listing will disappear from the credit report altogether. Since
a positive listing is much better than no listing at all, you should
dispute all simple late pay listings as a "not late" type of
dispute. All others must be disputed on the basis that they may not
belong to you.
Commandment Three: Always tell the credit bureau
the desired outcome of the investigation. You must always include
what you would like done with the listing. There are two options:
delete the entire listing, or erase the late pay notation within the
listing. Don't bother challenging the information within a
collection listing, charge-off, court record, repossession,
foreclosure, or settled account. As the basic nature of these
listings is negative, changing the information within the listing
will yield no improvement. Severely negative listings, such as
these, must be disputed on the basis of complete deletion or not be
disputed at all.
Commandment Four: Always provide a reason for
your dispute. If you don't give some kind of explanation as to why
you think the credit report is wrong, then the checker may return or
ignore your dispute.
Commandment Five: Always include indicators of
authenticity in your dispute. Don't forget that the job of the
checker is to reject irrelevant disputes and to investigate the bona
fide disputes. You may ensure that your disputes sound authentic by
adding things that only a true, frustrated consumer would write,
such as "my son's a banker, and he mentioned that I could write you
and you would clear up these mistakes." Original indicators of
authenticity cannot be listed here, or they would cease to be
effective, but you must get creative and always include sentences or
phrases that will convince the credit bureau that you're for real.
Commandment Six: Never sound like an expert. The
credit bureaus receive over 10,000 disputes per day, and your
dispute should look like any other. If you quote legal statute or
you remind the credit bureaus of your rights under law, the checker
will suspect that you read a book about credit repair or you are
using a credit repair company. If the checker believes you are
attempting to restore your credit, your dispute will be tossed in
the "frivolous or irrelevant" bin.
Commandment Seven: Become more insistent and
more threatening with each dispute. As you submit one dispute after
another, it will become increasingly difficult to get the checker to
initiate an investigation. Your first one or two disputes should be
friendly and polite. Just like any other consumer, you can become
frustrated and threatening as time passes. You may threaten to hire
an attorney; you may threaten to complain to the FTC and your
state's attorney general, etc.
Commandment Eight: Do not bombard the credit
bureaus with disputes. Sending one dispute right after another is
wasteful and counterproductive. You may send no more than one
dispute every ninety days. If you dispute more often, the credit
bureau will simply return the dispute as "frivolous or irrelevant."
Commandment Nine: Use inaccuracies and
inconsistencies as examples of how the credit listings are wrong.
Remember that it will do you no good to change minor information
contained in a severely negative listing. Use inaccuracies and
inconsistencies as a basis of dispute. You will do well to use the
other two credit reports to establish inconsistencies by comparing
the other credit report to the report you are disputing. Remember,
though, that you can only use another credit report for comparison
if that report doesn't confirm negative credit listings that you are
attempting to dispute.
Commandment Ten: Create and utilize other
techniques that help further the idea that the dispute letter is
from a truly wronged and disadvantaged consumer. The checker is only
interested in investigating disputes from consumers who have totally
inaccurate credit reports due to credit bureau errors. In short, the
checker only wants to help consumers who have a good case against
the credit bureau and might likely sue them.
According to the Fair Credit Reporting Act, the
credit bureaus should legally investigate all disputes that are not
"frivolous or irrelevant." In practice, the checker will only do
what he or she has to do in order to avoid a lawsuit. For this
reason, it becomes necessary to contrive all manner of strategy to
compel the checker into doing what the credit bureaus should be
doing anyway -- which is to conduct an investigation into every
reasonable dispute.
There are many other techniques used by credit
restoration professionals, but you must figure those out on your
own. It would render those techniques useless if they were
published. As you may have noticed, only general strategies have
been provided. If you earned a high Success Rating on the
self-rating questionnaire Do you need the help of an Attorney , then
you should be prepared and inclined to invent your own, effective
techniques following the guidelines set forth in the Ten
Commandments.
Your dispute will be taken more seriously if you
print it from your computer. If you don't own a home computer, seek
a professional, as writing your disputes by hand or on a typewriter
will take up enormous amounts of time and may yield disappointing
results. With each copy of your credit report, you should find a
form supplied by the credit bureau for disputing credit listings.
You should not use these forms for your dispute letters. The form
may force you to lie about your credit situation and thereby
possibly break the law. Also, the forms are not specific and they
are not taken as seriously by the credit bureau checkers. Prepare
your disputes on your personal computer, preferably on personal
stationery. You should send an original copy of your credit report
with the dispute letter. You may now mark the original report to
make it easier for the checker to see any inconsistencies,
inaccuracies, or notes. Remember not to verify any severely negative
listings by correcting minor information on the listing. Make sure
all your personal information is either on the credit report
accompanying your dispute, or on the dispute letter itself. This
important information includes: your full name, date of birth,
current address, and social security number.
As you draft your dispute letters, remember that
the checker is only interested in investigating disputes from
consumers who have totally inaccurate credit reports due to credit
bureau errors and that those consumers represent a threat to the
credit bureau. Sending your Disputes When you mail your dispute, you
should include the original copy of the credit report with your
dispute letter. You will be amused to note that the credit bureaus
take space in their literature to convince you that your credit
cannot be "repaired." In TRW's words, "No one can have accurate,
current, and verifiable information removed from your credit
report." Take note that even TRW admits that accurate information
can be removed if it is not verifiable. You must send your dispute
letters via certified mail, return receipt requested. This means you
must go to a post office to mail every dispute. Certified mail,
return receipt requested, will cost more than a dollar extra, but it
will demonstrate that you are serious about your correspondence.
Without certified mail, return receipt requested, you would have no
record of the credit bureau receiving your letter nor the date they
received it. When you receive the return receipt in the mail, make
sure to staple it to your copy of the original dispute in your file.
Don't hold disputes until you have a full set of credit reports.
Send each dispute as soon as it is ready, as long as it is 90 days
after your last dispute to the credit bureau.
Getting a Response You will receive one of eight
types of response to your dispute:
- No response at all.
- A stall letter asking for more information.
- A rejection based on the timing of your
dispute.
- A rejection letter on the grounds that the
dispute is "frivolous or irrelevant."
- A rejection based on the grounds that the
credit bureau believes you are manipulating the system.
- A letter announcing that your investigation
has begun.
- A letter announcing that your dispute has been
forwarded to the appropriate credit bureau.
- A new credit report showing the results of an
investigation.
Don't be discouraged if you receive multiple
stalls or rejections. Remember, restoring your credit isn't easy. If
you decided to restore your own credit, you knew from this text that
you would encounter delays. Each case requires a different response.
However, you should remember this rule of thumb: the credit bureau
is a bureaucracy; you shouldn't expect the credit bureau to react as
though it were an individual. There is no single person handling
your case. If you type out a ferocious counter-letter in response to
the credit bureau's rejection or stall, the credit bureau employee
who receives it will have little idea why you are fuming.
Usually, it is better to simply write the
dispute again. Here are some guidelines to reacting to the eight
types of credit bureau responses:
- No response at all: 52 days after you sent
your dispute, if you haven't heard anything from the credit
bureau, you may assume that your dispute was ignored. There is
really little you can do except to document the lapse and draft
another dispute. This dispute should mention the previous ignored
dispute as well as certified mail number of that dispute. The new
dispute should be more threatening than the first.
- A stall letter asking for more information:
Often, if your dispute alleged that someone else's file was merged
with your own, the credit bureau will send this type of stall. A
new dispute should be drafted basically repeating the first
dispute (but doesn't allege that your file was merged) and
includes all information requested by the credit bureau response.
You may remind the bureau that this information was previously
included in the credit report that accompanied the first dispute.
This second letter should be more threatening than the first
dispute.
- A rejection based on the timing of the
dispute: If you sent a dispute before 90 days after your last
dispute, you will likely earn this response. Also, if the credit
bureau sees that you have sent in many disputes, they may choose
to brush you off with this rejection. You must respond by becoming
more demanding. If they had finished the job properly with the
first dispute, you wouldn't be forced to dispute the listings
again! Send another dispute, much like the first, and insist on
immediate action.
- A rejection based on the grounds the dispute
is "frivolous or irrelevant." This type of response would
infuriate any consumer. Maybe the bureau thinks you are working
with a credit repair company, or maybe they think that you will
not stand up to an initial rejection, and they may even ask you to
pay for their investigation. You must prove them wrong by becoming
even more insistent and threatening in your disputes. Send the
same dispute over again with some additional substantiation.
- A rejection on the grounds that the credit
bureau believes you are manipulating the system: The rejection
letter may imply that you are working with a credit repair
company, or that you are unduly barraging them with disputes. As a
consumer who has been treated unfairly, these are not your
problems. Insist, in another dispute, that the credit bureau is
responsible for conducting the investigation and they are taking a
very unwise risk in rejecting your dispute. All you want is your
credit report properly corrected.
- A letter announcing that an investigation has
begun. Trans Union will usually send these letters as a clever way
of extending their 30 day investigation period. You really have no
choice but to accept their timetable. Just place the letter in the
file and watch closely for the response to arrive on the date
indicated in the letter. If no response comes, see item number one
on the list.
- A letter announcing that your dispute has been
forwarded to the appropriate credit bureau. If there is a local
credit bureau involved in your dispute, the main credit bureau
will forward your dispute to that bureau for verification. Count
on an additional two week delay when this occurs.
- A new credit report showing the results of an
investigation. This is the desired result. When you receive your
new report, you should copy and carefully analyze the credit
report for deletions or changes to perfect.
Seeing
Results
The easiest way to analyze the results of a
successful challenge is to compare the newly investigated report
with the previous report. You may simply go down the list of
negative items and note the absences of negative listings or
listings that were negative, but have become positive. You may also
determine improvements by comparing information within the same
credit report. Equifax and Trans Union now usually provide a list of
items challenged and whether or not the items were changed, deleted,
or verified as accurate. TRW has a list of items challenged at the
back of the credit report. You may compare this list with the
negatives remaining on the credit report to determine what progress
has been made.
As you receive the results of the credit bureau
investigation, you will note that each disputed listing will have
been handled in one of five different ways:
- The disputed listing was not investigated.
Perhaps your dispute was not sufficiently clear, or perhaps the
credit bureau simply chose to ignore your dispute. In either case,
you will need to dispute the item again in your next dispute
letter.
- The disputed item was investigated but
verified as accurate. The creditor may have responded to the
credit bureau's request for reverification, or the credit bureau
may have simply faked the investigation to get you off their back.
You have the right to dispute the listing again at a future time.
In fact, the FTC has determined that the credit bureau may become
responsible, in future disputes, to look deeper into the disputed
item than simply asking the creditor to check their computer
records.
- The disputed listing was investigated as to
the correctness of the information within the listing such as late
pay notations, and the listing was found to be inaccurate or
unverifiable. In this case, the negative listing will now show up
as a positive listing. This is the best possible outcome because
now you will enjoy good credit once your report is cleared.
- The disputed listing was investigated as to
whether or not the listings belong to you, and the listing was
found to be inaccurate or unverifiable. In this case, the negative
listing will disappear from the credit report altogether.
- The disputed listing was deleted or improved
to perfect, but the negative listing was later verified and
re-listed on the credit report. If a listing is verified by the
creditor after the thirty day investigation period, the credit
bureau can replace the listing on the credit report. When this
occurs, see item number two. Whatever your response, restoring
your credit is a cycle. If you receive disappointing results,
remember that it took you some time to create your bad credit, and
it will take a little time to restore your good credit. Collect
your results, mark your calendar, and wait for the next acceptable
dispute date. Don't forget to allow at least sixty days between
disputes.
Fourth Quarter
Strategies
The more you dispute the negative listings on
your file, the more difficult it becomes to get a new investigation
started. As you find the frequency of investigations and deletions
dwindling, you must consider these Fourth Quarter Strategies.
Threats
Remember, the checker must sense that you are a
legal threat to the credit bureau; that you might sue them if they
don't follow through with their obligations. There are several
reasonable threats to the credit bureaus that may make them stand up
and take notice of your dispute -- regardless of how many times
they've previously looked into the negative listing.
- "I have contacted a lawyer and am considering
a lawsuit." Every day the credit bureaus are embroiled in consumer
lawsuits, costing the credit bureaus hundreds of thousands of
dollars in awards given to consumers. The credit bureaus pay even
more to maintain the legal staff necessary to handle these cases.
Technically, you may sue the credit bureaus every time they fail
to comply with the Fair Credit Reporting Act. However, the most
viable lawsuits are those from consumers with negative consumer
information not belonging to them listed on the report. You must
be careful about threatening to sue anyone. If you say, "I am
going to sue you," you must really be intent on filing suit. You
may, in any case, express your consideration of a lawsuit or steps
you have taken to proceed with preliminary work, such as seeking
counsel with an attorney. This threat shouldn't be overused, but
don't forget that an average consumer being mistreated by the
credit bureaus would almost always make such a threat. If you fail
to mention the option of a lawsuit, your dispute will lack punch,
especially after you have submitted numerous previous disputes.
- "I am filing a complaint with the Federal
Trade Commission." The Federal Trade Commission (FTC) regulates
and monitors the activities of the credit bureaus. The credit
bureaus won't be crushed by a single complaint, but they would
rather limit the number of complaints received by the FTC each
year. As it now stands, the credit bureaus are the number one
source of consumer complaints to the FTC. In order to file a
complaint with the FTC, you may write: Federal Trade Commission
Pennsylvania Ave. and Sixth St., N.W. Washington, D.C. 20580 WWW:
www.ftc.gov Make sure that your complaint is brief and to the
point. You may wish to include a copy of the complaint in your
dispute letter and threaten to mail the complaint if you don't
receive satisfaction within thirty days.
- "I am preparing letters to my state senators
and representatives." Every year, the credit bureaus fight off new
legislation which would further restrict their practices and place
greater financial penalties on their mistakes. Presently, they
enjoy only the constraint of a 25 year-old statute that is,
advantageously for them, outdated. In Congress, when a new,
tougher, Fair Credit Reporting Act reaches the floor, the credit
bureaus are forced to labor to keep the new act from passing. So
far, they have succeeded in preventing changes to the Fair Credit
Reporting Act, but as time goes on, and more consumers complain to
their congressmen, fewer congressmen are willing to listen to the
credit bureaus. Letters to federal and state congressmen that
express outrage over the conduct of the credit bureaus will
eventually change credit reporting as we know it. The credit
bureaus want to delay that change, and they will shrink at your
decision to write your local statesman. Feel free to send copies
of your complaint letters with your dispute.
Settling your Debts
If you haven't yet settled your outstanding,
delinquent debts, you must seriously consider doing so. Many of your
creditors will see the negative listing on your credit report as a
collection tool, and they will do whatever it takes to keep that
negative listing on the report, even if it requires verifying a
thousand investigations. Even if you delete a negative unpaid
listing, that negative listing may well reappear when the creditor
or collector settles the account, seeks a judgment, or passes the
amount to collections. Please see Settling Delinquent Debts for more
information.
Disputing the Information with the Source Sooner
or later in this process, you should dispute the credit information
with the creditor who reported it. If you are in a hurry to restore
your credit, you should be writing your creditors from day one. If
you have worked with the credit bureaus for some time and the
results are lagging, now would be a good time to take the fight
directly to the source.
Submitting a 100
Word Statement of Explanation
Most do-it-yourself credit repair manuals
recommend that you file a 100 word statement to be added to your
credit report explaining the circumstances of the negative credit
that remains. After all, the Fair Credit Reporting Act does give you
that right. We have never seen a creditor who bothered to read or
consider the 100 word statement. In fact, many creditors won't look
much beyond the automatic credit bureau rating that appears with
your credit report when you apply for credit. This instruction does
not recommend that you file the 100 word statement. It would only
serve to self-verify information that should come off through
repeated disputation of the listing. If you have previously
submitted any 100 word statements, they should be the first items
you remove.
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