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Building
Better Credit And Credit Repair
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| Section
1: |
Explains how
consumer reporting agencies work and your rights under
the Fair Credit Reporting Act. |
| Section
2: |
Explains how you can
legally improve your credit report. |
| Section
3: |
Offers tips on
dealing with debt. |
| Section
4: |
Cautions you about
credit-related scams and how to avoid them. |
| Section
5: |
Lists resources for
additional information. |
Here are some questions consumers
commonly ask about consumer reports and CRAs—and the answers.
- Q. How do I find the CRA that
has my report?
- A. Contact the CRAs
listed in the Yellow Pages under "credit" or
"credit rating and reporting." Because more than
one CRA may have a file on you, call each until you have
located all the agencies maintaining your file. The three
major credit bureaus are:
- Q. Do I have a right to know
what's in my report?
- A. Yes, if you ask for
it. The CRA must tell you everything in your report,
including medical information, and in most cases, the
sources of the information. The CRA also must give you a
list of everyone who has requested your report within the
past two years for employment related requests.
-
- Q. Is there a charge for my
report?
- A. Sometimes. There's
no charge if a company takes adverse action against you,
such as denying your application for credit, insurance or
employment, and you request your report within 60 days of
receiving the notice of the action. The notice will give you
the name, address, and phone number of the CRA. In addition,
you're entitled to one free report a year if you certify in
writing that (1) you're unemployed and plan to look for a
job within 60 days, (2) you're on welfare, or (3) your
report is inaccurate because of fraud. Otherwise, a CRA may
charge you up to $9.00 for a copy of your report.
- Q. What type of information do
credit bureaus collect and sell?
- A. Credit bureaus
collect and sell four basic types of information.
Improving
Your Credit Report
Under
the law, both the CRA and the organization that provided the
information to the CRA, such as a bank or credit card company,
have responsibilities for correcting inaccurate or incomplete
information in your report. To protect all your rights under the
law, contact both the CRA and the information provider if you
have a dispute.
- First, tell the CRA in writing
what information you believe 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 deletion or correction. You may
want to enclose a copy of your report with the items in
question circled. Your letter may look something like the
one below. Send your letter by certified mail, return
receipt requested, so you can document what the CRA
received. Keep copies of your dispute letter and enclosures.
-
-
- If your report contains inaccurate
information, the CRA must correct it.
- If an item is incomplete, the CRA
must complete it. For example, if your file showed that
you were late making payments, but failed to show that
you were no longer delinquent, the CRA must show that
your payments are now current.
- If your file shows an account that
belongs only to another person, the CRA must delete it.
-
-
- In addition to writing to the
CRA, you should 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 continues to report the disputed
item to any CRA after receiving your notice, it must include
a notice that you dispute the item. If you are correct—that
is, if the information is not accurate—the
information provider may not report it
again.
Accurate
Negative Information
When negative information in your report is
accurate, only the passage of time can assure its removal.
Accurate negative information generally can stay on your report
for seven years. There are certain exceptions:
- Bankruptcy information may be reported
for 10 years.
- Credit information reported in response
to an application for a job with a salary of more than
$75,000 has no time limit.
- Information about criminal convictions
has no time limit.
- Credit information reported because of
an application for more than $150,000 worth of credit or
life insurance has no time limit.
- Default information concerning U.S.
Government insured or guaranteed student loans can be
reported for seven years after certain guarantor actions.
- Information about a lawsuit or an
unpaid judgment against you can be reported for seven years
or until the statute of limitations runs out, whichever is
longer.
Seven-year
Reporting Period
There is a standard method for calculating the
seven-year reporting period. Generally, the period runs from the
date that the event took place.
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With regard to any delinquent
account placed for collection—internally or by referral to a
third-party debt collector, whichever is earlier—charged to
profit and loss, or subjected to any similar action, the
seven-year period is calculated from the date of the delinquency
that occurred immediately before the collection activity, charge
to profit and loss, or similar action. For example, assume that
your payments on a loan were late in January, but that you
caught up in February. You were late again in May, but caught up
in July. You were again late in September, but did not catch up
before the account was turned over to a collection agency in
December. You made no more payments on the account, and it is
charged to profit and loss in July of the following year.
Adding Accounts
to Your File
Your credit file may not reflect all your credit
accounts. Although most national department store and
all-purpose bank credit card accounts will be included in your
file, not all creditors supply information to CRAs: Some travel,
entertainment, gasoline card companies, local retailers, and
credit unions are among those creditors that don't.
Dealing
with Debt
Self-Help
Developing a Budget
The first step toward taking control of your financial
situation is to do a realistic assessment of how much money comes
in and how much money you spend. Start by listing your income from
all sources. Then, list your "fixed" expenses—those
that are the same each month—such as your mortgage payments or
your rent, car payments, or insurance premiums. Next, list the
expenses that vary, such as entertainment, recreation, or
clothing. Writing down all your expenses—even those that seem
insignificant—is a helpful way to track your spending patterns,
identify the expenses that are necessary, and prioritize the rest.
The goal is to make sure you can make ends meet on the basics:
housing, food, health care, insurance, and education.
Contacting Your Creditors
Contact your creditors immediately if you are having
trouble making ends meet. Tell them why it's difficult for you,
and try to work out a modified payment plan that reduces your
payments to a more manageable level. Don't wait until your
accounts have been turned over to a debt collector. At that
point, the creditors have given up on you.Dealing with Debt Collectors
The Fair Debt Collection Practices Act is the federal
law that dictates how and when a debt collector may contact you.
A debt collector may not call you before 8 a.m., after 9 p.m.,
or at work if the collector knows that your employer doesn't
approve of the calls. Collectors may not harass you, make false
statements, or use unfair practices when they try to collect a
debt. Debt collectors must honor a written request from you to
stop further contact.Credit
Counseling
If you aren't disciplined enough to
create a workable budget and stick to it, can't work out a
repayment plan with your creditors, or can't keep track of
mounting bills, consider contacting a credit counseling service.
Your creditors may be willing to accept reduced payments if you
enter into a debt repayment plan with a reputable organization. In
these plans, you deposit money each month with the credit
counseling service. Your deposits are used to pay your creditors
according to a payment schedule developed by the counselor. As
part of the repayment plan, you may have to agree not to apply for—or
use—any additional credit while you're participating in the
program.
Auto and Home Loans
Debt repayment plans usually cover unsecured debt. Your
auto and home loan, which are considered secured debt, may not
be included. You must continue to make payments to these
creditors directly.
Debt
Consolidation
You may be able to lower your cost of
credit by consolidating your debt through a second mortgage or a
home equity line of credit. Think carefully before taking this on.
These loans require your home as collateral. If you can't make the
payments—or if the payments are late—you could lose your home.
Avoiding
Scams
Ads Promising
Debt Relief May Be Offering Bankruptcy
Consumer debt is
at an all-time high. What's more, a record number of consumers—nearly
1.5 million in 2001—are filing for bankruptcy. Whether your debt
dilemma is the result of an illness, unemployment, or
overspending, it can seem overwhelming. In your effort to get
solvent, be on the alert for advertisements that offer seemingly
quick fixes. While the ads pitch the promise of debt relief, they
rarely say relief may be spelled b-a-n-k-r-u-p-t-c-y. And although
bankruptcy is one option to deal with financial problems, it's
generally considered the option of last resort. The reason: it has
a long-term negative impact on your creditworthiness. A bankruptcy
stays on your credit report for 10 years, and can hinder your
ability to get credit, a job, insurance, or even a place to live.
Advance-Fee
Loan Scams
These scams often
target consumers with credit problems or consumers who have
difficulty getting credit. In exchange for an up-front fee, these
companies guarantee that applicants will get the credit they want—usually
a credit card or a personal loan.
Protecting Yourself
Here are some points to keep in mind before you respond
to ads that promise easy credit, regardless of your credit
history:
Credit Repair
Scams
You see the ads 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
repair services. They all make the same claims:
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