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How to Fix Your Credit Report
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Don't pay credit-repair companies hundreds of dollars for what you can
fix yourself
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The
federal "Fair Credit Reporting Act" uniformly applies
nationwide to all credit reporting agencies, credit reports and
credit report users.
So
long as consumers have difficulty making timely payments to
creditors, and creditors and credit bureaus make mistakes with
credit records, consumers will try to correct errors and to
improve the information reported in their credit record.
Unfortunately,
many consumers will turn to so-called credit repair companies
for assistance. You may have seen or heard their advertisements,
which claim to: "Erase Bad Credit!" or "Remove
Bankruptcy and Liens from Your Credit File!" Some of these
companies charge consumers hundreds of dollars to
"repair" or "improve" their credit and even
try to fool consumers into believing that damaging information
in credit files--even if it's accurate --can be removed.
But
accurate information--however damaging--cannot be removed by
anyone until legal time limits have expired. The legal time
limit for reporting information and other requirements covering
credit reports are governed by the Federal "Fair Credit
Reporting Act" The legal time period for reporting
bankruptcies in credit reports is ten years, while the legal
time limit for reporting other adverse information is seven
years.
In
most States, information about a judgment that was satisfied 5
years after it was entered cannot then be reported after that
5-year period. It is important to note that these time
limitations do not apply to reports made in connection with
credit or insurance transactions for more than $50,000, or if
the expected salary for employment is over $20,000.
If
a consumer still wants to retain the services of a credit repair
clinic, it is critical to know these important facts: ·
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Credit
bureaus collect and maintain information on your
credit-worthiness, credit standing and capacity, credit
history and general character as reported to them by
financial institutions, department stores and other
creditors. For a fee, your credit file can be purchased by
potential creditors, employers, insurers or anyone who needs
it for a legally approved purpose.
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Up
front fees for credit-repair services are illegal in most
states. Consumers should never pay until the repair service
has been performed.
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Credit-repair
services are required to offer written contracts to clients,
spelling out the items the company expects to remove from a
credit report and by when it expects to remove the items
from the report.
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The
basic tactic of a credit-repair company is to dispute every
negative item in your credit report, accurate or not, by
asking the credit bureaus for verification. As a rule,
credit bureaus then request creditors to verify the
information, and they delete a negative item from a file if
they don't receive a response within 30 days.
-
Even
if an item is temporarily deleted, it will be restored if
the credit bureau later receives verification from the
creditor. Credit reporting agencies can continue to report
accurate items that are within the legal reporting period,
and such items cannot ever be permanently erased from your
credit record by companies that advertise "credit
repair" services.
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Generally,
only time can cure your negative credit history, regardless
of the circumstances under which it was incurred.
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You
have the right, under the Federal Fair Credit Reporting Act,
to dispute the accuracy or completeness of any information
in your credit file. Once you tell the credit-reporting
agency of your dispute, the agency is legally obligated to
reinvestigate the information, note its current status, and
promptly inform you of the results of the investigation and
what it has decided to do about the disputed information.
Consumers should be prepared to back up their claims about
disputed information because the reporting agency is not
obligated to pursue inquiries that it reasonably believes
are frivolous. This usually allows reporting agencies to
completely ignore the "blanket disputes" the
repair services file as part of their repair tactics.
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If
the reinvestigation fails to resolve the dispute, you have
the right to submit a 100-word statement about any disputed
item in your file and to give your side of the story, at no
cost to you. This statement will be included in any future
reports. This requirement also does not apply if the
reporting agency reasonably believes the dispute is
frivolous.
A
credit-repair company, which claims it can "upgrade your
rating", is misleading you about its function. Businesses, not
consumers, receive credit "ratings." Credit bureaus
merely collect and report various types of information about
consumers. The businesses receiving the reports then
"rate" whether consumers qualify for credit, insurance
or employment based on the information that was furnished. In
short, there is no secret to remedying erroneous or incomplete
information in your credit reports. Consumers can correct the
problem themselves. There is, however, no guarantee that
consumers will get immediate satisfaction--credit bureaus are
vast bureaucracies where consumer problems are too often
resolved slowly. But it is also important to note that costly
credit-repair companies have no better chance at success than a
consumer does.
How to Deal With the Credit Bureaus
The
first step to do-it-yourself credit repairs is for a consumer to
contact the three major national credit bureaus that retain
information about the consumer's personal credit history. The
three major national credit bureaus--TRW, Equifax and Trans
Union Corporation-- share their information with local credit
bureaus. Consumers have the right to find out the nature and
substance of the information the credit reporting agencies
maintain on them. You can do this by requesting a copy of your
report. TRW reports are free. Equifax and Trans Union charge $8
each.
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If
you have been denied credit, insurance, or employment within the
last 60 days based on a report from a credit bureau, that bureau
must make the required disclosures free of charge.
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Your
full name, including middle initial, and any additional
title such as Jr., Sr., II, etc. ·
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Current
address, including zip code.
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Day
and nighttime telephone number. ·
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Previous
addresses, with zip codes, for the last five years. ·
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Current
place of employment. ·
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Social
security number. ·
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Date
of birth. ·
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Spouse's
name, where applicable. ·
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Photocopy
of a utility bill or driver's license with the address the
report should be mailed to--they will be sent only to home
addresses.
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A
copy of the letter declining credit based on the credit
bureau report, if you were denied credit.
Otherwise,
to obtain a copy of your credit report you can go to the website
of the credit reporting agencies. Or visit www.bizjump.com/financing/CreditScore.htm
How to Correct Errors on Personal Credit Reports
There
is no special formula to correcting inaccurate or incomplete
information, or to improving the accuracy of the data provided
to prospective creditors in personal credit reports.
It
is prudent for consumers to check their own credit report
periodically--every one to two years --to insure that the
personal credit information being disseminated to creditors is
correct. A credit report may contain errors that can affect a
consumer's chances of obtaining credit, and even employment. A
consumer who is denied credit, insurance or employment based on
information in a credit report must be told the name and address
of the credit reporting agency which supplied the report.
If
a consumer finds inaccurate or incomplete information in a
credit report, the consumer has a right to dispute it. The
consumer should notify a reporting agency in writing, and state
as specifically as possible why any information in the file is
inaccurate or incomplete. A consumer should include as much
background and written verification as possible. The
notification then triggers the credit bureau's obligation to
promptly reinvestigate. A consumer may also want to contact the
creditor directly to determine if the creditor's records are
inaccurate as well.
By
law, a credit bureau must correct any mistake or delete any
information it cannot verify. If the credit bureau later
receives verification of the disputed information, however, it
will place the information back in a consumer's report and will
notify the consumer by mail. Under most State laws, a credit
reporting agency cannot maintain in its file or report any
information that it has "reason to know" is
inaccurate. That makes it particularly vital for you to notify a
reporting agency about inaccurate information. Notifying a
credit reporting agency about inaccurate information that is
contained in their report can give the firm "reason to
know," and a firm's subsequent failure to act on such
notification could make it liable for failing to comply with the
law. If an item is incomplete, the credit bureau must complete
it. If an item is erroneous, the credit bureau must correct it.
The credit bureau must also send copies of a consumer's
corrected report to any creditor who has checked that consumer's
credit file in the past six months.
If
the credit-reporting agency does not resolve the dispute, you
are entitled to file a statement with the credit bureau of up to
100 words that describes your position on each item of disputed
information. These statements must be included in each future
copy of the consumer's credit report. Again, this requirement
does not apply if the reporting agency reasonably believes a
dispute is frivolous.
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