| 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 credit
worthiness and lists 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 up-front fees, these companies do nothing to improve
your credit report; many simply vanish with your money.
The Warning Signs
If you decide to respond to a credit repair offer, beware
of companies that:
Want you to pay for credit repair services before any services
are provided;
Do not tell you your legal rights and what you can do-yourself-for
free;
Recommend that you not contact a credit bureau directly;
Suggest that you try to invent a "new" credit
report by applying for an Employer Identification Number
to use instead of your Social Security Number; or
Advise you to dispute all information in your credit report
or take any action that seems illegal, such as 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 make
false statements 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 promised services.
The Truth
No one can legally remove accurate and timely negative information
from a credit report. But the law does allow you to request
a reinvestigation 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:
You are entitled to a free copy of your credit report if
you've been denied credit, insurance or employment within
the last 60 days. If your application for credit, insurance,
or employment is denied because of information supplied
by a credit bureau, the company you applied to must provide
you with that credit bureau's name, address, and telephone
number.
You can dispute mistakes or outdated items for free. Ask
the credit reporting agency for a dispute form or submit
your dispute in writing, along with any supporting documentation.
Do not send them original documents.
Clearly identify each item in your report that you dispute,
explain why you dispute the information, and request a reinvestigation.
If the new investigation reveals an error, you may ask that
a corrected version of the report be sent to anyone who
received your report within the past six months. Job applicants
can have corrected reports sent to anyone who received a
report for employment purposes during the past two years.
When the reinvestigation is complete, the credit bureau
must give you the written results and a free copy of your
report if the dispute results in a change. If an item is
changed or removed, the credit bureau cannot put the disputed
information back in your file unless the information provider
verifies its accuracy and completeness, and the credit bureau
gives you a written notice that includes the name, address,
and phone number of the provider.
You also should tell the creditor or other information
provider in writing that you dispute an item. Many providers
specify an address for disputes. If the provider then reports
the item to any credit bureau, it must include a notice
of your dispute. In addition, if you are correct-that is,
if the information is inaccurate-the information provider
may not use it again.
If the reinvestigation does not resolve your dispute, have
the credit bureau include your version of the dispute in
your file and in future reports. Remember, there is no charge
for a reinvestigation.
Reporting Negative Information
Accurate negative information generally can be reported
for seven years, but there are exceptions:
Bankruptcy information can be reported for 10 years;
Information reported because of an application for a job
with a salary of more than $75,000 has no time limitation;
Information reported because of an application for more
than $150,000 worth of credit or life insurance has no time
limitation;
Information concerning a lawsuit or a judgment against you
can be reported for seven years or until the statute of
limitations runs out, whichever is longer; and
Default information concerning U.S. Government insured or
guaranteed student loans can be reported for seven years
after certain guarantor actions.
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 signing the
contract. 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;
or
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; and
the company's name and business address.
Have You Been Victimized?
Many states have laws strictly regulating credit repair
companies. States 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 them. While you may fear that contacting
the government will only make your problems worse, that's
not true. Laws are in place to protect you. Contact your
local consumer affairs office or your state attorney general
(AG). Many AGs have toll-free consumer hotlines. Check with
your local directory assistance.
Need Help? Don't Despair
Just because you have a poor credit report doesn't mean
you won't be able to get credit. Creditors set their own
credit-granting standards and not all of them look at your
credit history the same way. Some may look only at more
recent years to evaluate you for credit, and they may grant
credit if your bill-paying history has improved. It may
be worthwhile to contact creditors informally to discuss
their credit standards.
If you can't resolve your credit problems yourself or you
need additional help, you may want to contact a credit counseling
service. There are non-profit organizations in every state
that counsel consumers in debt. Counselors try to arrange
repayment plans that are acceptable to you and your creditors.
They also can help you set up a realistic budget. These
counseling services are offered at little or no cost to
consumers. You can find the office nearest you by checking
the white pages of your telephone directory.
In addition, nonprofit counseling programs sometimes are
operated by universities, military bases, credit unions,
and housing authorities. They're also likely to charge little
or nothing for their services. Or, you can check with your
local bank or consumer protection office to see if it has
a list of reputable, low-cost financial counseling services.
Do-It-Yourself Check-Up
Even if you don't have a poor credit history, it's a good
idea to conduct your own credit check-up, especially if
you're planning a major purchase, such as a home or car.
Checking in advance on the accuracy of the information in
your credit report could speed the credit-granting process.
You're entitled to one free report a year if you can prove
that (1) you're unemployed and plan to look for a job with
60 days, (2) you're on welfare, or (3) your report is inaccurate
because of fraud. Otherwise, a credit bureau may charge
you up to $9.00 for a copy of your report.
Credit bureaus usually are listed in the yellow pages of
your telephone book under "credit reporting agencies."
Three large national credit bureaus supply most credit reports:
Equifax, Experian and Trans Union. You may want to contact
each of them for a copy of your report.
Equifax
1-800-685-1111
www.equifax.com
Experian
1-888-EXPERIAN (397-3742)
www.experian.com
Trans Union
1-800-916-8800
www.transunion.com
For more information visit
www.ftc.gov/bcp/conline/pubs/credit/repair.htm |