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Solving
Credit Problems
A D V E R T I S E M E N T:
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If you are having problems
getting credit or paying your monthly bills, you may be tempted to
turn to businesses that advertise quick and easy solutions to credit
problems. But do not be misled. There are no instant solutions.
Although some credit counseling businesses "guarantee results or
your money back," you may find that there are hidden strings
attached or that the company is gone when you want your money back.
There are steps you can
take to help solve your credit problems. However, solving them takes
time, patience, and some understanding of the law. This brochure may
help you. It explains why your credit history is important, how to
build a credit history and establish credit, and what can be done to
improve a bad credit history. It also suggests ways to help deal
with debts you may have, possibly by using a nonprofit Consumer
Credit Counseling Service.
Why Your Credit
History is Important
Although creditors usually
consider a number of factors in deciding whether to grant credit,
most creditors rely heavily on your credit history. To learn how you
have handled credit in the past, most creditors obtain a report from
your local credit bureau. Credit bureaus gather and sell credit
information about consumers and are a principal source of
information about your credit history. Your credit bureau report is
based on information supplied over time by your creditors. It also
provides information on where you live and work and may note other
matters of public record such as judgments or bankruptcies. Your
report records payments you have made on credit cards, installment
loans, and other credit accounts and helps creditors predict whether
you are likely to be a good credit risk. A history of timely credit
payments helps you get additional credit. Some creditors are
reluctant to grant credit to consumers-who have not established a
"track record" with other creditors first. In addition, many
creditors will not extend credit to consumers with a history of
delinquent payments, repossession, judgments, or bankruptcy. If you
are in either situation, be wary of ads that promise you "instant
credit" or "a major credit card regardless of your lack of credit
history or your past credit record." The fact is that all legitimate
creditors want to know whether you are likely to be a good credit
risk. Whether you get credit will depend on whether your
qualifications meet the creditor's criteria. No one can guarantee
you credit in advance.
A
D V E R T I S E M E N T:
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loans for any purpose.
How to Build A
Credit History and Establish Credit
Building a good credit
history is important. If you have no reported credit history, it may
take time to establish your first credit account. This problem
affects young people just beginning careers as well as older people
who have never used credit. It also affects divorced or widowed
women who shared credit accounts that were reported only in the
husband's name. If you do not know what is in your credit file,
check with your local credit bureaus. Most cities have two or three
credit bureaus, which are listed under "Credit" or "Credit Reporting
Agencies" in the Yellow Pages. For a small fee, they will tell you
what information is in your file and may give you a copy of your
credit report. If you have had credit before under a different name
or in a different location and it is not reported in your file, ask
the credit bureau to include it. If you shared accounts with a
former spouse, ask the credit bureau to list these accounts under
your name as well. Although credit bureaus are not required to add
new accounts to your file, many will do so for a small fee. Finally,
if you presently share in the use of a credit account with your
spouse, ask the creditor to report it under both names. Creditors
are not required to report any account history information to credit
bureaus. If a creditor does report on an account, however, and if
both spouses are permitted to use the account or are contractually
liable for its repayment, under the Equal Credit Opportunity Act you
can require the creditor to report the information under both names.
When contacting your creditor or credit bureau, do so in writing and
include relevant information, such as account numbers, to help speed
the process. As with all important business communications, keep a
copy of what you send. If you do not have a credit history, you
should begin to build one. If you have a steady income and have
lived in the same area for at least a year, try applying for credit
with a local business, such as a department store. Or you might
borrow a small amount from your credit union or the bank where you
have checking and savings accounts. A local bank or department store
may approve your credit application even if you do not meet the
standards of larger creditors. Before you apply for credit, ask
whether the creditor reports credit history information to credit
bureaus serving your area. Most creditors do, but some do not. If
possible, you should try to get credit that will be reported. This
builds your credit history. If you are rejected for credit, find out
why. There may be reasons other than lack of credit history. Your
income may not meet the creditor's minimum requirement or you may
not have worked at your current job long enough. Time may resolve
such problems. You could wait for a salary increase and then
reapply, or simply apply to a different creditor. However, it is
best to wait at least 6 months before making each new application.
Credit bureaus record each inquiry about you. Some creditors may
deny your application if they think you are trying to open too many
new accounts too quickly. If you still cannot get credit, you may
wish to ask a person with an established credit history to act as
your co-signer. Because a co-signer promises to pay if you don't,
this can substantially improve your chances of getting credit. Once
you have repaid the debt, try again to get credit on your own.
What Can Be Done
to Improve a Bad Credit Report
You are entitled by law to
correct any inaccurate information that appears in your credit
bureau file. If a creditor rejects your application because of
negative information in your credit bureau report, it must identify
the credit bureau involved. At your request, the credit bureau must
disclose the contents of your credit file. If you act within 30 days
of being turned down, there is no charge for this service. Check to
see whether the information in your credit report is accurate and
complete. You have the fight, under the Fair Credit Reporting Act,
to dispute the completeness or accuracy of any information in your
report. When you do so, it helps to tell the credit bureau, in
writing, why you think the information is not correct. Unless your
dispute is frivolous or irrelevant, the credit bureau then must
reinvestigate the matter. The credit bureau must correct any
information that it finds is not reported accurately. Information
that cannot be verified must be deleted. If you disagree with the
results of the credit bureau's reinvestigation, you may file a brief
dispute statement explaining your side of the story. At your
request, the credit bureau will note your dispute in future credit
bureau reports. Be aware that when negative information in your
report is accurate, only the passage of time can assure its removal.
Credit bureaus are permitted by law to report bankruptcies for 10
years and other negative information for 7 years. There is nothing
that you (or anyone else) can do to require a credit bureau to
remove accurate information from your credit file until the
reporting period has expired. Don't be misled by ads aimed at people
with bad credit histories, judgments, or bankruptcies. Promises to
"repair" or "clean up" a bad credit history can almost never be
kept.
How to Deal with
Your Debts
A sudden illness or the
loss of your job may make it impossible for you to pay your bills on
time. Whatever your situation, if you find that you cannot make your
payments, contact your creditors at once. Try to work out a modified
payment plan with your creditors that reduces your payments to a
more manageable level. If you have paid promptly in the past, they
may be willing to work with you. Do not wait until your account is
turned over to a debt collector. At that point, the creditor has
given up on you. Automobile loans present special problems. Most
automobile financing agreements permit your creditor to repossess
your car any time that you arc in default on your payments. No
advance notice is required. If your car is repossessed you may have
to pay the full balance due on the loan, as well as towing and
storage costs, to get it back. Do not wait until you are in default
Try to solve the problem with your creditor when you realize you
will not be able to meet your payments. It may be better to sell the
car yourself and pay off your debt than to incur the added costs of
repossession.
How to Evaluate
Credit Repair Companies
If you are having trouble
paying your bills, you may be tempted to turn to a company that
claims to offer assistance in solving debt problems. Such businesses
may offer debt consolidation loans, debt counseling, or debt
reorganization plans that are "guaranteed" to stop creditors'
collection efforts. Before signing up with such a business,
investigate it thoroughly. Be sure you understand what services the
business provides and what they will cost you. Do not rely on oral
promises that do not appear in your contract. Also, check with the
Better Business Bureau and your local consumer protection office.
They may be able to tell you whether other consumers have registered
complains about the business. Consumers who turn to such businesses
for help sometimes encounter additional problems. For example, debt
consolidation or other large short-term loans may have high hidden
costs and may require your home as collateral. An unscrupulous
company may misrepresent the terms of such loan agreements; if so,
you could end up losing your home. Businesses offering debt
counseling or reorganization may charge substantial fees or a
percentage of your debts, but fail to follow through on the services
they sell. Some may do little more than refer indebted consumers to
a bankruptcy lawyer, who charges an additional fee. Businesses
advertising voluntary debt reorganization plans or "Chapter 13"
relief may fail to explain that Chapter 13 debt adjustment actually
is a form of bankruptcy. To qualify for it, you must have a source
of regular income and a plan for repaying your creditors that meets
the approval of the bankruptcy court. Businesses that sell
bankruptcy- related services may not tell you all that is involved
or assist you through what can be a complex and lengthy legal
process. Debt problems can be distressing, but be careful when
selecting a solution. Some "solutions" may only add to your
problems.
Where to Find
Low-Cost Help
If you need help in dealing
with your debts, you may want to contact a Consumer Credit
Counseling Service (CCCS). This is a non-profit organization with
more than 850 offices located in 50 states. CCCS counselors will try
to arrange a repayment plan that is acceptable to you and your
creditors. They will also help you set up a realistic budget and
plan future expenses. These services are offered at little or no
charge to you. You can find the CCCS office nearest you by checking
the White Pages of your telephone directory or by calling from a
touch-tone phone 1-800-388-2227 to get the telephone number.
However, if you have other questions, contact:
National Foundation for
Consumer Credit, Inc. 8611 Second Avenue, Suite 100 Silver
Spring, Maryland 20910 (301) 589-5600
In addition, non-profit
counseling programs are sometimes operated by universities, military
bases, credit unions, and housing authorities. They are likely to
charge little or nothing for their assistance. Or, you can check
with your local bank or consumer protection office to see if it has
a listing of reputable, low-cost financial counseling services.
Where to Find
More Information
The Federal Trade
Commission enforces a number of federal laws involving consumer
credit, including the Equal Credit Opportunity Act, the Fair Credit
Reporting Act, the Truth in Lending Act, the Fair Credit Billing
Act, and the Fair Debt Collection Practices Act. It also provides
free brochures explaining these laws. For these or related
publications, such as Building a Better Credit Record, Women and
Credit Histories, and Credit Billing Blues, write to: Public
Reference, Federal Trade Commission, Washington, D.C. 20580.
Although the Commission cannot solve individual problems for
consumers, it can act when it sees a pattern of possible law
violations develop.
If you have a complaint
that may involve a violation of consumer protection law, write to:
Correspondence B ranch, Federal Trade Commission, Washington, D.C.
20580. fast facts
Your credit report records
your payments on credit cards, installing loans, and other credit
accounts. It helps creditors predict whether you are likely to be a
good credit risk.
Be wary of ads that promise
you "instant credit" or "a major credit card regardless of your lack
of credit history or past credit record."
If you are rejected for
credit, find out why. You can get a free copy of your report if you
request it from the credit bureau that provided it, within 30 days
of being turned down.
Check to see whether the
information in your credit report is accurate and complete. You are
entitled by law to correct inaccurate information that appears in
your credit bureau file. Bureau of Consumer Protection Office of
Consumer & Business Education (202) 326-3650
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