|
Credit Repair: Self Help May Be Best
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!
Do yourself a favor and save some money, too. Don't believe these statements. Only time, a conscious effort, and a personal
debt repayment plan will improve your credit report.
This brochure explains how you can improve your creditworthiness and gives legitimate resources for low or no-cost help.
The Scam
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.
The Warning Signs
If you decide to respond to a credit repair offer, look for these tell-tale signs of a scam:
* companies that want you to pay for credit repair services before they provide any services.
* companies that do not tell you your legal rights and what you can do for yourself for free.
* companies that recommend that you not contact a credit reporting company directly.
* 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.
* 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.
You could be charged and prosecuted for mail or wire fraud 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.
The Truth
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.
STEP ONE
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 page 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.
STEP TWO
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 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 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 Pages of your
telephone directory for the phone number or check www.naag.org for a list of state Attorneys General.
Need Help? Dont Despair
Just because you have a poor credit report doesnt mean you wont 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 its 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.
If you are considering filing for bankruptcy, you should know about one major change to the bankruptcy laws: As of October
17, 2005, you must get credit counseling from a government-approved organization within six months before you file for bankruptcy
relief. You can find a state-by-state list of government-approved organizations at www.usdoj.gov/ust. That is the website
of the U.S. Trustee Program, the organization within the U.S. Department of Justice that supervises bankruptcy cases and trustees.
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 ftc.gov/credit.
Do-It-Yourself Check-Up
Even if you don't have a poor credit history, some financial advisors 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
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
|
