Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Revision 04/02
Page 1
Table of Contents
TABLE OF CONTENTS.......................................................................................................2
PART I ....................................................................................................................................7
Page 2
PART II.................................................................................................................................45
Page 3
BEWARE…. .........................................................................................................................60
• File Segregation: ................................................................................................60
REASONS TO DISPUTE DATA .......................................................................................64
WHAT ARE THE PRIMARY REASONS FOR THE DENIAL OF CREDIT? ...........66
BONUS #1 .............................................................................................................................69
TEMPLATE LETTERS TO DISPUTE WITH CREDITORS AND CREDIT BUREAUS.........................69
1. General Dispute To Collection Agency .............................................................70
2. Dispute of Collections........................................................................................71
3. Dispute to Collection Agency ............................................................................72
4. Negotiating a Settlement ....................................................................................73
5. Negotiating a Settlement with Utility Companies..............................................74
6. Negotiating a Settlement with Creditors ............................................................75
7. After No Response from a Credit Bureau ..........................................................76
8. Disputing Specific Items and Inquiries ..............................................................77
9. Request Reinvestigation of Items that are Still Showing on report ...................78
10. Answer Letter to Credit Bureau's Request for More Information..................79
BONUS #2 .............................................................................................................................80
How to speak with the Creditor’s Representatives ....................................................80
BONUS #3 .............................................................................................................................81
BONUS #4 .............................................................................................................................90
Your Credit Score - FREE .........................................................................................90
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The following techniques will help correct your credit rating and
should be undertaken with all Credit Bureaus.
In this book you will learn the ways to remove negative items from
your credit file.
I will also show you all the jealously guarded secrets by the financial
and credit lending institutions on how to outsmart creditors who are
damaging your credit!
In the first part of the book (PART I) you will get to understand who
are the credit bureaus, how they operate, why they are not on your
side and what the laws governing their conduct are, as well as your
rights.
In the second section (PART II) you will get step-by-step instructions
on removing negative items from your credit.
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Other blemishes will be more difficult to remove. But, if you are truly
dedicated to repairing your credit report, you must find patience and
persistence to go thru the process completely. I will show you all the
tricks for removing those difficult blemishes.
The methods listed in this book were put to use over the last 18
months and they do work.
Put them to use for yourself and Good Luck. You deserve good
credit!
Ben
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PART I
What is a credit bureau?
Credit bureaus sell credit reports to credit grantors, such as banks, finance
companies, and retailers. Credit grantors use credit reports to determine
whether or not a potential borrower is creditworthy.
• Experian
• Equifax
• Trans Union
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Simply put, they keep a record of who has given you credit, when they
gave you credit, how much credit you are given and whether or not you
paid it back on time.
When you want to obtain credit cards, loans, financing for a car or home,
leases, apartments and sometimes even employment, the lender or bank
will check your credit to see your financial history.
Credit Bureaus are not run by banks, police or government, and they have
no legal power over you. So don't be intimidated by them.
They are the Credit Bureaus because they own large computer systems
capable of storing credit information on everyone in the United States.
Since the bureaus have made so many errors in the past, all Federal Laws
regarding credit information are very much in your favor.
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• The credit bureaus keep your personal credit history for a period of
approximately ten years.
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By monitoring your personal credit report, you'll stay informed about your
current credit rating.. You'll know which businesses and credit grantors
have requested to view your credit report, which new accounts have been
activated in your name, and whether or not derogatory information has
been added.
Checking your credit also allows you to be alerted to information that may
have negative, long-term effects on your credit history—such as excessive
inquires and possible fraud.
The principles underlying the Fair Credit Reporting Act (FCRA) are to
ensure that this country's consumer reporting system functions fairly,
accurately and efficiently without unwarranted intrusions into consumer
privacy. These principles are even more important, in the face of
technology and computers that can provide instant access to vast
amounts of credit related information on consumers. (See end of report for
the full list of the FCRA).
Where once a credit grantor might have offered credit based on the
application of a handful of credit-related criteria, credit reporting today
often applies dozens of interrelated criteria. Although the creditor who
views your credit report may not see a paper copy of the credit file, the
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Congress passed the Fair Credit Reporting Act (FCRA) in 1972 to curb the
abuses of the credit reporting bureaus. The FCRA is the governing
federal law on the issue of credit reporting.
The Fair Credit Reporting Act helps consumers promote and use their
right to make changes to credit reports. It is a requirement, under section
1681e, that:
You have the right under the FCRA to remedy all file information that is
irrelevant, improperly utilized, inaccurate, incomplete, misleading or does
not reflect your creditworthiness, credit standing or credit capacity.
When you enter into most credit relationships, you give the creditor the
right to provide information about you and your bill paying history to any
credit bureau by your signing the credit application. The information also
comes from public record sources such as tax and court records, your
employer (if a credit report is used for employment purposes), utility
companies and debt collectors.
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This information contains details about how much you owe, your payment
schedule, the payment history and personal information including address,
phone number, date of birth, Social Security Number, spouse name and
employer.
Consumers have the right to know what is in their credit files at credit
bureaus under the Fair Credit Reporting Act. Consumers are not,
however, entitled to obtain the actual report. Most credit bureaus will
furnish copies.
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• Arkansas • Arizona
• Canada • California
• Washington • Colorado
D.C.
• Guam
• Delaware
• Hawaii
• Europe,
Middle East • Idaho
• Federated • Kansas
State of
Micronesia • Mexico
• Florida • Montana
• Georgia • Nebraska
• Illinois • Nevada
• Kentucky • Oklahoma
• Louisiana • Oregon
• Maine • Pacific
• Marshall • Palau
Islands
• South Dakota
• Maryland
• Texas
• Massachusetts
• Utah
• Michigan
• Washington
• Minnesota
• Wyoming
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• Mississippi
• Missouri
• New
Hampshire
• New Jersey
• New York
• North Carolina
• North Mariana
Islands
• Ohio
• Pennsylvania
• Rhode Island
• South Carolina
• Tennessee
• Vermont
• Virgin Islands
• Virginia
• West Virginia
• Wisconsin
You are entitled under the Fair Credit Reporting Act to know the nature
and substance of all information in your credit file. The credit bureaus
comply with the law by giving consumers a written copy of the file,
sometimes for a fee.
If you applied for credit and were rejected, or you were denied insurance
or the cost of the insurance is increased based on information contained in
a credit report, the creditor or insurers denying you credit or insurance is
required by law to supply you with the name and address of the credit
bureau(s) who supplied the report(s).
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The credit bureau is required to disclose the information they have about
you free of charge, if you ask for the disclosure within 30 days (or 60 days
by federal order if TRW, Trans Union or Equifax) of being notified of your
credit or insurance denial. You can get in touch with the credit bureau,
either in person, by letter, or by telephone, to learn what is in your file.
!
• you certify in writing that you are unemployed and intend to apply for
employment within 60 days, or
• you are receiving public welfare assistance, or
• you have reason to believe your consumer file contains inaccurate
information due to fraud, or
• you have been denied credit, insurance, or employment within the past 60
days
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Only someone with permissible purpose under the Fair Credit Reporting
Act may see your credit file. Your file may be disclosed only to someone
who the credit bureau believes will use the information for one or more of
the following purposes:
Your credit file may also be disclosed to someone if you give your written
permission to the credit bureau to disclose your file to that person.
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Equifax will add positive trade references for a small fee (about $10).
The sources must be established and credible for Equifax to accept the
trade line, For example, if a consumer is a renter of a dwelling or property
and has made timely payments, add the reference to the credit report.
Contact the landlord to verify the positive status and then write to Equifax
to add the entry.
Not all creditors report credit data. Consistent with the provisions of the
ECOA, not all creditors report data because there is no requirement to do
so under the law. This fact can harm or help a consumer.
If the consumer has a good credit history with a source that is not currently
reporting or has not updated the trade line, contact the creditor directly in
writing and request that the positive data be added to the outgoing credit
information.
Establish secured credit. In the past few years many of the traditional
creditors have started to issue secured credit lines, which usually lead
directly into true credit in about one year.
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If you maintain a positive payment pattern without "maxing" out the card,
the creditors will take someone with marginal creditworthiness and offer
that consumer a true line of credit. The line may be nominal in value and
have a high interest rate, but any credit is good credit when trying to get
back into the system.
Each person has different needs for their credit report. Because a credit
report can be used for granting credit, insurance, employment or
government benefit you should define why you want or need the report as
part of the restoration plan.
Set incremental goals such as paying off one bill at a time and focusing
your efforts on the most negative credit report information.
NO. Each time you apply for credit an inquiry is recorded on your credit
report. Too many inquiries can, in and of itself, be a cause for you to be
denied credit.
Only when you are finished to your satisfaction, with the credit restoration
process, then you should apply for credit. Take the time to ask a potential
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The Fair Credit Reporting Act requires that the credit bureaus conduct
their investigations of disputed information in a reasonable period of time.
Recent court orders and settlements give TRW, Trans Union and Equifax
only 30 days in which to complete their investigations of disputed
information.
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Your credit report from TRW, Equifax and Trans Union will all appear
differently and contain different data. Because these three companies
each have their own databases and do not regularly share data, what you
read in one report may not resemble what you find on another report.
There are basically ten things that look the worst on your credit report.
Here they are, listed from the best to the worst:
1. Credit inquiries
2. Credit rejections
3. Late payments
4. Past due and unpaid payments
5. Court judgments
6. Collections
7. Loan defaults
8. Repossession
9. Foreclosure
10. Bankruptcy.
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Each of the three major bureaus uses a different reporting form and
format. The descriptions below correspond to the bureau indicated at the
top of each description. Read the description while reviewing your report
directly. Reading your credit report without the description is confusing
and may cause you to not fully understand the depth of the data about you
in your credit file.
What is an inquiry?
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Public Records stay on your credit report for seven years. If the Public
Record is a Chapter 7 Bankruptcy, it will stay on your credit report for ten
years. If you have a Public Record on your credit report, you can take
steps to ensure that you receive credit under the best possible terms. The
most important step is to make timely payments on your Public Records.
Set a goal for yourself: Aim to have your Public Records paid-in-full by a
certain number of months or years. By sticking to your payment plan,
you’ll prove to potential creditors that you are a creditworthy consumer.
Revolving Accounts have open terms and varying payments. This means
that your monthly payments will vary depending on the balance of the
account. Examples of revolving accounts include all major credit cards
and credit cards from department stores.
• The amount that you owe will change each month, depending on
how much of your limit you have charged.
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EQUIFAX
2) Read each trade line from left to right. The first item is the
"company name". This indicates who the creditor is that is
reporting data about your to Equifax. The next item is the
account number assigned by the creditor to the account. This
number may not be the same as the account number in your
records due to scrambling for privacy/security reasons or
creditor added numbers to segregate files by creditor office or
region.
5) The next item "months reviewed" indicates the period of time that
the Equifax records cover. For example, if the account was
reviewed for 12 months, the credit data reflects only one year of
payment history.
6) The next column called "date of last activity" is one of the most
important parts of the trade line. The "date of last activity" is the
starting point from where the bureaus measure the seven years
that information may remain on your credit report. The date of
last activity is properly measured from the date when an
account went to collection, was charged to profit and loss (write-
off) or became delinquent.
7) The "high credit" column gives you the highest amount of credit
you have used on the account. This amount may be higher
than your credit limit.
9) The next item shown as "balance" provides you with the amount
outstanding on the account. This may not reflect the actual debt
as of the date of the report, but indicates the balance
outstanding as of the date the information was provided to the
credit bureau.
10) The "past due" column shows the total amount of your account
balance that is delinquent, if any, as of the time the information
was reported to the bureau.
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12) The final column "date reported" gives you the date on which
the information for the trade line was provided to Equifax.
13) Moving to the next line of the item, you will find the payment
status of the account. The indication "closed account" indicates
that the account is no longer open and that your relationship
with this account is terminated.
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14) The designation "prior paying history" gives you the details of
how your payments were made. Again, from left to right, the
space between the parentheses after the "30' indicates how
many payments were received 30 days late. The space
between the parentheses after the "60" indicates how many
payments were received 60 days late. The space between the
parentheses after the "90" indicates how many payments were
received 90 days late during the months reviewed.
16) Moving to the next line of the item, if any, you will find notations
about the account.
17) Reading further down the report will appear collection and
public record information may appear. For collections the data
should tell you what the collection is for, the amount of the debt,
when the debt occurred, to whom the debt was referred for
collection, when the debt was referred for collection and the
account number, if any, given to the debt by the collection
agency.
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TRANS UNION
2) The next item is the Trans Union code for the subscriber. This is
an internal reference for Trans Union and does not need to be
included in your disputes.
3) The next item "date opened" is the date on which the account
was opened. This date may be different than your records due
to refinancing, creditor assignment of accounts, company
mergers or other creditor based activity.
4) The "high credit" column gives you the highest amount of credit
you have used on the account. This amount may be higher
than your credit limit.
5) The next column provides the "date verified". This data is the
date on which Trans Union either received the data from the
creditor or the date on which Trans Union verified the data with
the creditor. The letter appearing immediately after the "date
verified" will indicate the meaning of the date. For example, the
letter "A" means that the data was entered in your file through
an automated transfer. This is simply the monthly reporting of
the account information by computer. The letter "V" means that
the data was verified as accurate with the creditor on that date.
The letter "M" indicates that the data was manually frozen on
that date.
6) The next item shown as "balance owing" provides you with the
amount outstanding on the account. This may not reflect the
actual debt as of the date of the report, but indicates the
balance outstanding as of the date the information was provided
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7) The "amount past due" column shows the total amount of your
account balance that is delinquent, if any, as of the time the
information was reported to the bureau.
Credit Bureaus:
Public Enemy #1
U.S. PIRG
9) The next column, to the far right with the heading "TYPE
ACCOUNT & MOP", is the most important information in the
credit report. This item shows the actual rating of the entire
trade line. To begin, the status item will start with a letter. The
letter "R" stands for revolving, the letter "l" stands for
installment, the letter "U" indicates unspecified and "O" stands
for open. After the letter is a number indicating the manner of
payment for the account. The number "1" indicates timely
payment. The number "2" indicates that the account was paid
late but not more than 60 days past due. The number "3"
indicates that the account was paid late more than 60 days but
less than 90 days. The number "4" indicates that the account
was paid late more than 90 days but less than 120 days. The
number "5" indicates that the account was paid but more than
120 days late.
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10) Moving to the next line you will find the account number given
to this information by the creditor.
12) The next item "credit limit" provides the maximum credit
extended or the total limit of credit available to you under this
account.
13) The next column is very confusing. The "date closed" entry
provides you with the date of last activity. The date of last
activity is the starting point from where the bureaus measure the
seven years that information may remain on your credit report.
The date of last activity is properly measured from the date
when an account went to collection, was charged to profit and
loss (write-off) or became delinquent.
15) Moving to the next line the code in this first entry corresponds
to your involvement with the account. For example the letter "A"
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16) The next item "collateral" provides you with the method by
which your debt is secured by the lender. In cases of automobile
or home loans, this line will give the property that supports the
debt.
TRW - NARRATIVE
There are two types of reports generated by TRW. Your initial request for
a credit report should provide you with the TRW "narrative" report. This
report essentially gives you all the report information in easy to understand
wording rather than codes and symbols.
The other TRW report is printed with red and blue ink and is generated
with codes similar to the Trans Union or Equifax reports.
1) Reading from left to right, the TRW narrative report begins with a
column entitled "item". This simply is a follow along count to
enumerate and separate all items. All accounts with an asterix
"*" to the left of this column are considered negative.
2) The next column "account name" gives you the name of the
creditor or supplier of information, the address of that entity and
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The "description" column next gives you the repayment terms. For an
installment debt, the terms indicate the fixed monthly payment that you
agreed to in your contract. For a revolving debt, like gasoline cards, Visa
or D, the amount is the minimum monthly payment. Most revolving credit
cards have monthly payments approximating 1/36th of the total debt.
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1) The TRW report with blue and red ink is coded in the same
manner as Trans Union and Equifax. Reading from left to right,
the first column is "account profile". This field is divided into
three sections listed as "pos", "non" and "neg".
3) The next item is the TRW code for the subscriber. This is an
internal reference for TRW and does not need to be included in
your disputes.
5) The "amount" column gives you the highest amount of credit you
have used on the account. This amount may be higher than
your credit limit.
6) The next item shown as "balance" provides you with the amount
outstanding on the account. This may not reflect the actual debt
as of the date of the report, but indicates the balance
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9) Moving to the next line, the first item is the "status comment".
This is a narrative of the account's current status. If the account
was placed for collection, closed, transferred or has other
available comments, such information is entered at this location.
10) The next item is the "status date". This entry provides you with
the date of last activity. The date of last activity is the starting
point from where the bureaus measure the seven years that
information may remain on your credit report. The date of last
activity is properly measured from the date when an account
went to collection, was charged to profit and loss (write-off) or
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became delinquent.
11) The next item "date opened" is the date on which the account
was opened. This date may be different than your records due
to refinancing, creditor assignment of accounts, company
mergers or other creditor based activity.
12) The column "type" gives you the type of obligation most
appropriately describing this account. This line will indicate
whether the account is secured, a charge card, auto, home,
etc...
13) The "terms" column next gives you the repayment terms. For
an installment debt, the term indicates the fixed monthly
payment that you agreed to in your contract. For a revolving
debt, like gasoline cards, Visa or MasterCard, the amount is the
minimum monthly payment. Most revolving credit cards have
monthly payments approximating 1136th of the total debt.
14) The next column provides the "balance date". This data is the
date on which TRW either received the data from the creditor o-
[r the date on which TRW verified the data with the creditor.
15) The "amount past due" column shows the total amount of your
account balance that is delinquent, if any, as of the time the
information was reported to the bureau.
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The codes and statements on any credit report are supposed to be clearly
defined and explained by the credit bureau issuing the report. As you
have probably already determined, the credit reports are almost
impossible to read and even more difficult to decipher.
Paid Was Late - This notation indicates that an account was in a late
pay/delinquency status but was brought up to date.
Charge Off - This notation provides that the account has been taken off
the creditor's books and is considered un-collectible. A charge-off is
considered a loss and is deducted from a creditor's profits.
Paid Charge Off - This references an account that has been taken off the
creditor's books but has been subsequently paid by the consumer. The
notation indicates that the debt has been satisfied and does no longer
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owe.
Tax Lien - This refers to a tax obligation that has not been paid and has
had a lien placed against the assets or holdings of the consumer.
Paid Tax Lien - This shows that a tax obligation resulting in a lien has
been satisfied and that the consumer is no longer liable for the tax
obligation.
Foreclosure - Indicates that due to default, the creditor had to seize and
sell the property to satisfy the mortgage debt.
R - Revolving Account. This notes that the account has or had a variable
balance and payment structure. Most Visa and MasterCard are open-
end credit cards, which allow one to pay a minimum or any amount
above that level without a fixed dollar amount each month.
Joint Account - Account made with two contractual parties. Both parties
assume ultimate liability for the repayment of the obligation.
Profit and Loss Write-off – Is a Bad debt where the creditor has
accepted the amount as a loss of the amount against the profit of the
company.
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Above Item Deleted - TRW's indication that disputed data was removed
from your credit report.
Above Item Deleted From File - TRW's notation that the item of
information listed was disputed. During the course of the reinvestigation it
was determined that the data could not be verified and was then removed
from the credit file.
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Usually, an affiliate bureau of the big-3 issues the credit report from a
bureau other than the big-3. An affiliate is essentially an entity that taps
into the database of the big-3 and issues a credit report under its own
name. The identity of the actual big-3 credit bureau can usually be found
at the very end of the credit report.
Although the credit report may be issued from an affiliate bureau, the
reading and meaning of the data is the same as if the data were issued by
one of the big-3 bureaus.
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PART II
So,
• You can challenge any and all items that are contained in
your credit report. Each and every time the Credit Bureau
must re-investigate. But again, it does not mean that they
do it. In my experience with dealing with them, I have
found that sometimes (after several disputes in a row)
they will send you a letter stating that it was already
investigated on Date XX-XX-XXXX (prior date of your
dispute).
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1. You will need to obtain your three credit reports. If you have
been turned down recently you can use that letter to get a free
copy of your credit report. The only problem will be that it is for
only one credit bureau. You can order and download your 3
reports immediately over the Internet today by Clicking Here.
Note: Each item may not be reported on all 3 Credit Bureaus and
you might even find that some creditors don’t even report any
information (that’s good or bad depending on your standing with
that creditor)
3. The first thing you will do and over the next few months will
be to dispute all of your negative items to each of the 3 major
Credit Bureau. You will write one letter per Bureau and list all of
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6. You will need to repeat each and every month. Your letters
are saved, so all you need to do is delete the items that have
been removed, print the letter and mail.
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10. An important note: After you send your first dispute, the
bureaus may ask you to fill out a preformatted form. DO NOT in
any case use their form. Just write your letters on a blank piece
of paper and include your name, SS# and address. Include the
items you are disputing. DO NOT use any of the Credit Bureaus
reference #’s. – PERIOD!
The Federal Fair Credit Reporting Act. Is the law that governs
credit, creditors and Credit Bureaus and what protects you from
unfair practices.
• The law states that the Credit Bureaus must verify the
correctness of your information with the creditors that
reported the information within 30 days. If the Bureau is
unable to verify the information within 30 days, it must be
removed.
1. Every time you dispute your report with the Credit Bureau,
they must investigate or re-investigate your claim. They don’t
always do that and you should remind them that under the Fair
Credit Reporting Act they must do so or be legally liable.
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2. You can dispute items in your credit report any time and it is
your right to do so.
4. If the credit bureau does not get a reply form the creditor
within 30 days, they must delete that information immediately.
• Make sure you keep a small log of when you sent the
letters and their results.
Have patience. You will prevail. You can repair your credit even
if the items contained are correct just through sheer persistence.
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Page 50
Note: You should always dispute all the items. Although I have
categorized items as easy or difficult to remove, you need to
challenge all the items over and over. You will get results!
Step 1: Get your 3 credit report and identify the derogatory items. Click
here to download your tri-merge report
Step 2: Write and send your dispute letters.
Step 3: After receiving your updated files (30 or so days) review them and
prepare for the next round.
Step 4: Removing items that were verified by the Credit Bureaus
Step 5: So, you’ve done all the steps above and the creditor has supplied
you with proof.
Step 6: No money to settle – No problem
Important:
• Negative item that you want removed from your credit, such as a
bankruptcy, charge off or collection account, you want to write that
this is NOT your account and you want it removed immediately.
• If your account is now paid off or you have settled, but was
delinquent or late at one time, write that it is your account but was
NEVER past due and you need it updated to reflect that.
Follow the instructions you'll get similar results as any attorney (you just
won't have to pay).
• Give the creditor 7 days to get the documentation and proof to you.
If you do not get anything in 10 days follow the steps below.
You must contact the Attorney Generals Office in the city of the
creditor who is damaging your credit.
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• They will contact the creditor and take care of it. This
technique guarantees they will get the item removed.
• You will fill out the forms and write that you wish to
remove the item from your credit file since it is not yours
and the creditor has no proof that it is your account.
• Make sure you attend on the court date or you will loose
by default. Bring in the receipts from the registered mail
you used for your disputes any other expenses you have
incurred
• Most of the time, creditors will not come up with the original
documents that you filled to get credit. They enter all the
information in computers and either file the paper somewhere or
destroy it, which is to your advantage.
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• Federal Law requires that upon your request, all creditors must
show you written proof that the account in question is yours. Written
proof is a copy of the contract you signed with the original creditor.
• The only creditors that may have proof are the courts (Recent
Bankruptcies, unpaid Tax Liens, unpaid Judgments & unpaid Child
Support).
Step 5: So, you’ve done all the steps above and the
creditor has supplied you with proof.
• Creditors would rather settle for some of the money than none at
all.
• Creditors will usually settle for 50% of what you owe them, but you
need to start at 10%, meaning offer them to settle for $10 for every
$100 you owe them.
• If they are not willing to negotiate, tell them that you are close to
filing for bankruptcy, that you have no assets and that they will get
nothing.
• One last thing: Try to negotiate that in return for the agreed
payment, they will remove the account from the credit report or not
show it as late. Get it in writing BEFORE you send the payment.
• Note: Some creditors or Collection Agencies may tell you that it’s
against the law to remove your account or change it in any way.
It’s bull. They can do whatever they want and it’s within their realm.
• Keep sending dispute letters and eventually the stubborn ones will
be removed
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A word about………..
So you have money problems and aren't sure what to do? You caught a
television commercial about consumer credit counseling service saying
how they can help you and it's FREE. What could it hurt just to go talk to
them? The answer is plenty. CCCS is a "non-profit" organization funded
partially by the United Way. That's nice and everything but the bottom line
is that it isn't FREE.
CCCS charges a fee for their "debt counseling service". That fee is
usually a flat rate per month. You pay them to negotiate with your creditors
and put you and your family on a budget. I don't mean to sound to
sarcastic but if you can't do that yourself you shouldn't have gotten credit
to begin with. It's OK to have made a mistake financially. It's definitely OK
if you were caught off guard by some unforeseen event. But if you need
these people to straighten it out for you your problems are bigger than you
think. So here's the bottom line.
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1. personal data
2. bankruptcy
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Beware….
There are several scams out there promising you a clean credit file in 24
hours. This method uses illegal method and can land you in hot water.
Such a method is called:
• File Segregation:
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Page 63
• Inaccurate
• Incomplete
• Duplicate
• Included in Bankruptcy
• Misleading
• Not Mine
• Expired
• Improperly Utilized
• Paid Off or Incorrect Balance
• Does Not Reflect Creditworthiness
• Does Not Reflect Credit Standing
• Does Not Reflect Credit Capacity
• Faulty Billing Procedures
• Biased Information
• Mixed File
• Authorized User
• Other
These reasons are for you to decide why you are challenging the date.
You MUST NOT give those reasons or any other to the Credit Bureaus
when challenging negative data.
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What this all means is that you can agree to a settlement with a collection
agency or creditor that says you will repay the debt if the other party will
remove the record of that debt from your credit report. Many creditors and
debt collectors will attempt to deceive you by stating that they are required
by law to report this information to the bureaus.
The credit bureau cannot refuse to accept your dispute because you have
sought third party assistance. In fact, in a case known as Milbauer v. TRW
the court held that third party assistance “furthers the goals" of the Fair
Credit Reporting Act and is the fundamental right of all consumers. (use
letter 1.78)
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report has codes, which rate the items on the report as either
positive or negative. The negative items that appear most are
late/slow pays, charge-offs, delinquencies, collections,
repossessions, judgments and tax-liens.
3. Inquiries. When you apply for credit, the creditor usually obtains a
credit report about you to evaluate your creditworthiness. It is then
reported that an inquiry was made on a specific date by that
company. Excessive inquiries within a six month period will hurt
your
Take the initiative and call the bureau's attorneys and inform them of your
disputes. It is the job of these attorneys to protect the company from
consumer complaints and problems. By working with them directly, you
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Page 68
BONUS #1
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Date
Collection Agent
Address
Before moving to New York, I stopped service and paid the final bill. I never
thought I would continue to be plagued with __________________
Telephone Company errors.
Though I was assured by the phone company at the time that my name was
not the cause of the errors, I'm not so sure.
Sincerely,
Your Name
Address
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2. Dispute of Collections
Date
Credit Bureau
Address
I have just received my credit report and have noted that it contains
erroneous information regarding the following accounts. I would like them
deleted from my record:
Mobil Oil (acct. # ______________) When I questioned Mobil Oil about this
account,
they told me they requested this be removed from my credit report. How
were you able to confirm it?
Sincerely,
Name
Address
Social Security Number
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Date
Name _______________
Collection Agent
Address
Dear _______________:
Your company is showing a collection account number __________, on my
credit report that I have no knowledge of. You are listing the client as
___________________.
Please explain this account and who your client is. I do not agree that this
belongs to me and this is the first I have heard about it.
Yours truly,
Name
Address
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4. Negotiating a Settlement
Date
Creditor
Address
Dear Creditor:
With changes to my address and marital status, perhaps any billings that
were sent, concerning unpaid accounts, missed me.
While trying to rebuild my life, I discovered these accounts such as yours that
were never settled. I am trying to correct my credit after going through this
set back by trying to settle these accounts, and doing the best I can.
I am writing to inquire if there is any hope for a reduced amount to satisfy the
account in full. In this way I may realistically be able to settle this outstanding
balance with you.
Sincerely,
Name
Address
Page 73
Date
Regional Utilities
Address
You state, "In order for us to maintain the integrity of all the accounts that we
refer to Equifax, we will only cancel accounts if they have been referred due
to an error on our part."
I doubt that this is the first time a meter was not transferred from one owner
to another correctly.
It is the popularly held standard that the Fair Credit Reporting Act concludes
that paid collection accounts may be reported for seven years from the date
of last activity. Thus, if a consumer, such as myself, were to pay off a debt,
one would be burdened with the negative trade reference for an additional
seven years above and beyond that time which may have already passed.
Sincerely,
Name
Address
Page 74
Date
Creditor
Address
Dear Creditor:
Sincerely,
Name
Address
Page 75
Date
Credit Bureau
Address
As of yet I have not received a response from you. Under the Fair Credit
Reporting Act you are required to respond within a "reasonable period of
time."
I am sending this letter certified so I will know you did receive it. In this way I
will have no option but to pursue my legal rights if I do not receive a
response.
Sincerely,
Signature
Name
Address
Social Security Number
Page 76
Date
Credit Bureau
Address
Going over my credit report I have found it has many errors. I request your
investigation of the following:
1. Sears I spoke with Sears again to verify my records. They confirmed this
as my account and that there were no late payments to this account. They
will draft a letter if needed to correct this error. Please contact this creditor
2. Foreclosure 5/92 I did not have a foreclosure in 1992 or since then. Please
remove this.
The consumer has no protection against automobile salesman who are not
concerned about a persons credit report or what problems multiple inquiries
can cause. Your credit bureau has legal responsibility in this matter. There
should be more supervision on access to credit files by salesman with these
dealerships.
I did not authorize the following inquiries and demand they be remove from
my file:
1. GMAC There are 4 different days in November of 19**. Why would this be?
Please remove 3 of these entries. I only authorized one time.
2. Nissan Motor Acceptance Corp. I only authorized one.
Please remove the other 4 entries.
Sincerely,
Your Signature
Name
Address
Social Security Number
Page 77
Date
I have been around and around with your company regarding the errors
which I have.
And they continue to remain in my consumer credit report.
I am again noting that problems have been discovered and they continue to
remain unresolved.
I don't know how to better state my problem nor do I know how to correct
the errors.
Since you have not given me names of persons with their business addresses
that you contacted for re-verification of the information, so that I could follow
up as I requested,
I assume that you have not been able to verify the information I have
disputed.
Thanks,
Signature
Name
Address
Social Security Number
Page 78
Date
Credit Bureau
Address
I also gave my address and copy of my drivers’ license. And I’ve enclosed
those documents again now.
Sincerely,
Signature
Name
Address
Social Security Number
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BONUS #2
When you contact a person by phone always ask them what their name is and
write it down. This helps put you in control and keep accurate records.
Be aware that your creditor is reviewing your credit report and knows you are
in trouble. During your conversation always maintain your composure and be
humble, (even if you want to yell).
Listen to what they have to say and don't offer any information.
You want to find out your balance, the interest owed, penalties and your past
due amount.
If you get lost or feel you are loosing control, just excuse yourself by saying:
"Excuse me (persons name), may I have your phone number and extension. I
have a small emergency and will need to call you back. When would be a
good time?"
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BONUS #3
The Fair Credit Reporting Act
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a manner which is fair and equitable to the consumer, with regard to the
confidentiality, accuracy, relevancy, and proper utilization of such information
in accordance with the requirements of this title.
this section; or (2) the report is to be used for employment purposes for
which the consumer has not specifically applied. (b) Any person who procures
or causes to be prepared an investigative consumer report on any consumer
shall, upon written request made by the consumer within a reasonable period
of time after the receipt by him of the disclosure required by subsection (a)
(1), shall make a complete and accurate disclosure of the nature and scope of
the investigation requested. This disclosure shall be made in a writing,
mailed, or otherwise delivered, to the consumer not later than five days after
the date on which the request for such disclosure was received from the
consumer or such report was first requested, whichever is the later. (c) No
person may be held liable for any violation of subsection (a) or (b) of this
section if he shows by a preponderance of the evidence that at the time of the
violation he maintained reasonable procedures to assure compliance with
subsection (a) or (b).
consumer, furnish notification that the item has been deleted or the
statement, codification or summary pursuant to subsection (b) or (c) to any
person specifically designated by the consumer who has within two years
prior thereto received a consumer report for employment purposes, or within
six months prior thereto received a consumer report for any other purpose,
which contained the deleted or disputed information. The consumer reporting
agency shall clearly and conspicuously disclose to the consumer his rights to
make such a request. Such disclosure shall be made at or prior to the time
the information is deleted or the consumer's statement regarding the
disputed information is received.
report unless such adverse information has been verified in the process of
making such subsequent consumer report, or the adverse information was
received within the three month period preceding the date the subsequent
report is furnished.
from the date on which the liability arises, except that where a defendant has
materially and willfully misrepresented any information required under this
title to be disclosed to an individual and the information so misrepresented is
material to the establishment of the defendant's liability to that individual
under this title, the action may be brought at any time within two years after
discovery by the individual of the misrepresentation.
and sections 6 (i) and 17 of the Federal Home Loan Bank Act, by the Federal
Home Loan Hank Board (acting directly or through the Federal Savings and
Loan Insurance Corporation), in the case of any institution subject to any of
those provisions; (3) the Federal Credit Union Act, by the Administrator of the
National Credit Union Administration with respect to any Federal Credit union;
(4) the Acts to regulate commerce, by the Interstate Commerce Commission
with respect to any common carrier subject to those Acts: (5) the Federal
Aviation Act of 1958, by the Civil Aeronautics Board with respect to any air
carrier or foreign air carrier subject to that act; and (6) the Packers and
Stockyards Act, 1921 (except as provided in section 406 of that Act), by the
Secretary of Agriculture with respect to any activities subject to that Act. (c)
For the purpose of the exercise by any agency referred to in subsection (b) of
its powers under any Act referred to in that subsection, a violation of any
requirement imposed under this title shall be deemed to be a violation of a
requirement imposed under the Act. In addition to its powers under any
provision of law specifically referred to in subsection (b), each of the agencies
referred to in that subsection may exercise, for the purpose of enforcing
compliance with any requirement imposed under this title any other authority
conferred on it by law.
EFFECTIVE DATE
Sec. 602. Section 504 of the Consumer Credit Protection Act amended by
adding at the end thereof the following new subsection: (d) Title VI takes
effect upon the expiration of one hundred and eighty days following the date
of its enactment." And the Senate agree to the same.
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BONUS #4
Checking your credit score is an easy way to find out how lenders view
your credit worthiness and can alert you if you need to manage your credit
more carefully. In the past, credit bureaus and other companies wouldn't
share this information with consumers, but E-LOAN now lets you view
your credit score for free.
https://www.eloan.com/myeloan/viewscore?linksrc=score&sid=7won
Vdq3Xj26SqwyWWgoB7oOXvg
I recommend you get either a tri-merge credit report or all three before you
embark on the credit restoration process.
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http://www.erasingbadcredit.com/creditlinks.html
www.ErasingBadCredit.com
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