CREDIT FOR SUCCESS “Plan of Action” How to Repair Your Credit Repairing your credit has different meanings to different people. In the past I have talked with customers who thought that they had bad credit and that they were in need of credit repair. After a more detailed conversation, I learned that the customer really did not have a credit repair issue. Rather, they had a need for credit education. In order to repair your credit you must have items on your credit report that are erroneous, inconsistent or inaccurate; these items would need to be corrected. When items on your credit report are being reported accurate and complete, and your scores are lower than you desire, you do not need credit repair. You need to increase your knowledge about how the credit wizard works. For example: John has a credit card payment on his credit report showing he has been 30 days late. If John was not 30 days late on this credit card then he would need to correct or repair this listing on his report. But what if John’s credit report showed him 30 days late and John was actually 30 days late on the credit card? This late payment might bring John’s credit score down by 30 points. Does John need credit repair? No. John needs to know that he must make his credit card payments on time every month in order to avoid his credit scores falling and to maintain his current score. I have also met people who believed that they had good credit when their credit was very poor. They knew that they always paid their bills on time and that they should be viewed as a good pay master…and they are. But being a good pay master does not determine how high your credit score will go! Paying your bills on time only affects 35% of your total score make up. If you happen to pay all your bills on time, but maxed out your credit limits it could cause your credit score to be very low. 1 The credit wizard can be a complex system if you do not understand how the System works. Once you become educated about the System it is as easy as 1 + 1 = 2. Learn and follow the formula and you will get the desired results every time. The process to repairing your credit is relatively simple, but you must be patient and persistent in order to succeed. Don’t give up! You must spend time learning what to do and what not to do as it relates to the credit wizard. Know the triggers that increase or decrease your scores. Never take an action based on what you hear from a friends and relatives who are not credit experts. Remember, you do not need a credit repair company, an attorney or a credit professional to repair your credit. These services can be quite costly over time and chances are you will need them more than once. You SHOULD seek the advice or counsel of credit professionals and attorneys but only to learn the intricate details on how to repair your own credit. I highly recommend that you give ample time and studying to the Credit Repair System before you begin the credit repair process on your own, especially if you do not have a personal credit coach. How to read a Credit Report The first step in getting started is to get a current copy of your credit report from all three credit bureaus. This is a fairly simple and easy process. But what good does it do for you to order a credit report if you cannot read it? If reading your credit report is like speaking a foreign language, then you are going to need help. Credit reports come in a number of different fashions and designs. The templates used for one bureau could have a totally different look from the templates of another bureau. However, they all basically contain the same information. You can get copies of your credit report by several means. You can get a free copy required by federal law, or you can pay for a copy from one or all of the credit bureaus. In my experience, copies that are purchased are more reader friendly. Credit bureaus make money on these copies therefore they take extra effort to make their templates appealing and easier to be read by the customer. 2 Whatever style of report you choose to work with, make sure you are very comfortable with reading the information. Below is a list of information, terms and phases you will see on a standard credit report: General Information: This section includes borrower name, co-borrower name, current addresses, previous addresses, marital status, social security number, date of birth, employers, AKA, etc. Credit History: Creditor name and account number: you will see the name of the creditor and the account number. The account number may not match the original account number, especially if the creditor listed is a collection company. Type of Account: O = Open M = Mortgage R = Revolving or opened ended I = Fixed number of payments Different Dates: a) Date Reported – date creditor last reported account status information to a credit bureau b) Date Opened – date that the account was opened c) DEL Dates – date(s) that the account was delinquent d) DLA – date of last activity reporting from the credit reporting company e) PP Start DT – the date that pay payment starts on High Credit: This is the highest credit limit extended by the creditor High Balance: The highest balance that the account has ever had 3 Balance/Terms: This is the balance owing as of the last date reported. Term shows the repayment arrangement or payment amount PDA (Past Due Amount) This is the amount due that has not yet been paid Historical Status: The number of times an individual has been past due in paying an account and how long it was past due. Example: A one (1) in the 30-day column indicates an account was 30 days past due one time. A three (3) in the 90-day column indicates an account was 90 days past due three times. a) Times past due columns are as follows: 30+ days, 60+ days, 90+ days or 120+ days b) Months Reviewed (MOS/REV) indicates the number of months a creditor has been reporting the account to a credit reporting company Manner of Payment Codes: These codes may also be located under Present Status or Current Rating 0 = Too new to rate 1 = Pays within 30 days of due date 2 = Pays between 30-60 days or is 2 payments past due 3 = Pays between 60-90 days or is 3 payments past due 4 = Pays between 90-120 days or is 4 payments past due 5 = Pays over than 120 days or more than 4 payments past due 7 = Makes regular payments under debtor’s plan 8 = Repossession (voluntary or involuntary return of merchandise) 9 = Bad Debt ECOA – Account User Designation (Equal Credit Opportunity Act) A = Authorized user (Account is shard by an authorized user) 4 B = On behalf of another person (Individual has signed an application for the purpose of securing credit for another individual other than spouse) C = Co-Maker/Joint contractual liability (applicant has co-signed and will be responsible if Co-borrower should default) I = Individual Account (solely responsible for payment) J = Joint Account (applicant and one other person are responsible) M = Maker (applicant is primarily liable for the account, but a co-maker is involved to assure the loan is paid P = Participant Account (applicant participates in a shared account which cannot be distinguished as a co-maker or an authorized user) S = Shared Account (creditor shows that applicant and at least one other person shares account, but not enough information is given to designate as a point or authorized user account) T = Terminated Account (applicant’s relationship with account has ended, although other parties who once shared the account with applicant may continue to maintain the account) U = Undesignated Account (creditor does not indicate who is responsible) Comments: This section adds creditor comments regarding the account. It will state if the account has been placed for collection, charged off, medical account, etc. If the creditor is a collection company they will typically use the comment section to show the original creditor. Public Records: Lists of public records which have been filed in a county, state, or federal court within the last seven years, such as bankruptcies, foreclosures, judgments, and tax liens. 5 Inquiries: Lists creditors who have requested a copy of the applicant’s or spouse’s credit report through one of the national credit reporting companies with the past number of days. Knowing what information is included in a credit report and how to read it is essential to repairing your credit file. Once you have established a minimal level of knowledge you can begin a genuine review of what needs to be corrected, and plan the necessary steps to complete the process. The first step is to make sure all information on your credit file is accurate and complete. Having inaccurate and incomplete information on your credit report is a sign that there could be fraud, identity theft or other forms of erroneous and misleading information contained therein. Make these corrections first and then begin the repair process. The Plan of Action The plan of action is not as complicated as you would think. Regardless of what you have heard about credit repair in the past, when a negative item appears on your credit you only have five options to take. You can pay the item in full, settle it, dispute it, wait it out or take legal action. There is no particular rule as to which option to choose; the decision is entirely up to the depth of your financial knowledge. Let’s take a look at these options in details. PAY I8 FULL – You may choose to pay the full balance of the credit item without protest. SETTLE THE DEBT – You may contact the creditor to request they take a lesser amount than owed. This action should always accompany a written arrangement. DISPUTE THE DEBT – You may protest the debt in writing to the creditor or the credit bureaus, requesting that the items be deleted. 6 WAIT IT OUT – You may wait for the items to drop off of your credit after the FCRA Statutory time frame. Usually 7-10 Years. TAKE LEGAL ACTIO8 – You may choose to seek legal recourse against your creditor or the credit bureaus for illegal actions performed. Whatever actions you choose, you want to make sure you have all the facts and clearly understand the procedure for getting your desired results. Evaluate each credit line closely to determine which action should be taken. You may find that you need to take more than one action for a single credit line. Take a moment to study the sample Credit Report below for exercise and to build your confidence before you begin working on your own credit file. Locate all the specific dates in the report and study to determine if the dates make sense or seem to be inaccurate or inconsistent. Pay close attention to date of last activity as this is the most erroneous date listed on credit reports. Look for inconsistencies in months reviewed and present status. Try to find the creditor’s name and the account number. Also note that this section of the credit report will usually have comments by the creditors added to it. Identify the section that covers the payment history, and take extra caution to verify the past due dates, if any, and the number of delinquencies. Make sure ALL items being reported to your credit file are accurate. If any inaccurate items are discovered work on correcting these items before begin your action plan. As previously stated, reading a credit report is fairly simple, and repairing your credit is even easier once you have a basic knowledge and adequate understanding of the process. So let’s get started! 7 Sample Credit Report GENERAL INFORMATION Borrower Name Co-Borrower Name Current Address Social Security No Social Security No Previous Address Age Age Marital Status Co-Borrower Borrower Employer Position Since Employer Position Since CREDIT HISTORY E C O A Creditor Name Account Number I Argent Mortgage Date Reported Date Last Activity 05/1996 114568879 12/1997 Date Opened 01/1993 High Credit $119,663 Balance Terms Past Due Amount 30+ 60+ 90+ 120+ Present Status $$122,321 MOS REV 39 13 11 9 9 M-09 $7150 48 19 9 4 4 I-08 $3444 39 29 16 9 9 R-09 $940 Pay As 12 0 0 0 0 R-01 $35 Agreed $790 0 53 01 0 0 0 R-01 0 59 03 0 0 0 I-02 $122,321 $896 INV Foreclosure I FORD MOTOR CR 10/2005 20989095546 08/2007 10/2001 $14,513 $6,050 $540 Repossession I TRADE SIX 01/2008 12358845 08/2008 07/1999 $3150 $3444 $56 Unsecured I J I I CAPIT ONE CARD 10/2008 8898215356287741 10/2008 SEARS 01/2005 1125445 09/2008 GMAC 10/1996 22156432 10/1996 BOA Card 10/2007 445893265781 12/2007 10/2007 09/2001 $1000 $880 $30 10/1991 $10500 0 $645 06/2007 $10,000 $10998 $10998 5 3 3 3 12 R-09 01/2008 $500 $465 0 9 0 0 0 0 R-01 08/1991 $16525 $11333 0 122 0 0 0 0 R-01 Unsecured C I BOA Card 01/2008 557698112354 09/2008 STUDENT LOAN 06/2001 000532446 $129 DEF 8 I Sterling Mortgage 12/1992 659812354 09/2003 09/1986 $96,500 $0 $0 69 03 1 0 0 M-03 $766 Closed PUBLIC RECORDS -------------------------------------------------------------------------- I CASE/DOC # 5541651658 COURT # 998516 DATE FILED: 03/2002 Status: Unsatisfied Ref # : 11247 Plant: Bank of America Comments: Unsecured Loan INQUIRIES 10/16/07 Capital One 01/02/08 Bank of America 09/16/08 Beneficial Finance 10/01/08 CITIFINANCIAL TRADE & DEROGOTORY SUMMARY CREDIT SCORE 554 9 In Chapter One of CREDIT FOR SUCCESS we discussed a young man named John Doe. John was a college student just entering the work force and was establishing credit for the first time. We witnessed John’s first credit account with Sam’s Hardware Store where he purchased a barbecue grille for his fraternity house. John also applied for a credit card loan at the local bank and his borrowing power increased as he made his payments on time and established other lines of credit. After graduation John took a job at the town pharmacy and one day, while at work, John contracted an illness which led to his hospitalization. John accumulated numerous medical bills and unpaid loans as a result of his hospital stay. The chapter concluded with John being denied for a mortgage loan, and the question was asked: “How can John get qualified for the loan?” The credit report below is a reflection of John’s credit report. Let’s take a look and determine how to repair John’s credit. Remember to always ask which action plan he should take: Pay in full Settle the debt Dispute the debt Wait it out Take legal action Take a look at each credit line and the intricate details of each item. Be sure to examine the dates, balances and the pay history of the file. After your review, take a look at the Author’s suggested actions for correcting John’s credit file. 10 John Doe Credit Report GENERAL INFORMATION Borrower Name Co-Borrower Name Current Address 28 Social Security No Social Security No Previous Address Age: Age Marital Status Co-Borrower Borrower John Doe Employer Position Since Employer Position Since CREDIT HISTORY E C O A Creditor Name Account Number I Dagwood GMC Date Reported Date Last Activity 10/2008 20989095546 10/2008 FMC Bank 08/2008 12358845 06/2008 I Date Open 02/2006 High Credit $14,513 Balance Terms Past Due Amount Present Status 0 120 + 0 7 5 0 R-04 0 0 0 0 R-01 96 03 0 0 0 R-01 30+ 60+ 90+ $0 MOS REV 32 6 4 $113 87 8 $940 Pay As 12 $35 Agreed $790 0 $12,945 I-03 $440 07/2001 $1500 $1575 $56 Unsecured I J I CAPIT ONE CARD 10/2008 8898215356741 10/2008 Sam’s Hardware 09/2008 112544 08/2008 AMC Collection 12/2003 22156432 06/2007 10/2007 08/1999 $1000 $880 $30 02/2004 $1951 $2369 $2369 1 0 0 0 0 09 02/2004 $4949 $4949 $4949 1 0 0 0 0 09 01/2008 01/2004 $511 $511 $511 1 0 0 0 0 09 STUDENT LOAN 05/1996 05/1996 $12549 $15444 0 64 0 0 0 0 PAYS AS 000532446 07/2001 Med I Char Med 01/2005 Center 04/2005 44589326 C Cone Radiology 5576 Med I $229 AGREED DEF 11 COLLECTION ACCOUNTS I MEDICAL DATA 01/2005 12258455 01/2005 02/2004 $361 $361 $361 1 0 0 0 0 10/1996 $1160 $1160 $1160 7 - - - - $4949 1 0 0 0 0 09 PRESBY Med I I US DEPT ED 04/1997 32000053244655 10/1996 $48 PLACED FOR COLL Absolute COLL 01/2005 CMC Med 04/2005 02/2004 $4949 $4949 09 44589326 PUBLIC RECORDS I -------------------------------------------------------------------------Federal Tax Lien ------------------------------------------------------------------------------CASE/DOC # 92389451658 COURT # 123568 Amount: $15,099 DATE FILED: 08/1999 Status: Unsatisfied Ref #: 200030239 Plaintiff: IRS Comments: Federal Tax Lien INQUIRIES 10/16/07 Capital One 02/02/06 Dagwood GMC 10/16/08 Option One Mortgage 10/16/08 CITI Bank Mortgage TRADE & DEROGOTORY SUMMARY Credit Score 557 12 Suggested Plan of Action Dagwood GMC Based on the balance of the account this is an open account. It is difficult to negotiate an open and current account. Check the pay history for accurate reporting on late payments and leave the account as is. Keep the payments current and it will restore itself in time. * PAY IN FULL FMC Bank Based on the balance of the account this is an open account. It is difficult to negotiate an open account. The payments are past due and should be made current as soon as possible. Also, since the account is a revolving loan it can affect John’s debt-to-credit ratio. He should get the balance of the account below 50% of the high limit of the loan. This will increase his credit scores. Check the pay history for accurate reporting on late payments and leave as is. Please note John should not close this account because it is a revolving account. Keep this account current and it will restore itself over time. *PAY IN FULL Capital One Card This is an open revolving charge card account. It reflects positively on his record. The payments are current and he pays as agreed. Since the account is a revolving account it can affect John’s debt-to-credit ratio which could reduce his credit scores. He should get the balance of the account below 50% of the high limit of the loan. This will increase his credit scores. Keep this account current and it will maintain good scores. *PAY IN FULL Sam’s Hardware This account is a retail charge card. John has been late several times on this account. He should work on getting the account current and keeping his payments on time. The balance on this account should be paid in full to eliminate debt, and to reduce the debt-to-credit ratio which could increase his credit scores. He should get the balance of the account below 50% of the high 13 limit of the loan. He should keep the payments current on the account and his scores will increase over time. *PAY IN FULL AMC Collection This is a medical account. It was reported in 2004 and shows a date of last activity as 2007. The DLA is more than likely incorrect. There is an inconsistency in the date of service and the date reporting; the reporting date precedes the date of service by two months. John should dispute the item based on inconsistency of dates. *DISPUTE THE DEBT Charlotte Medical This is a medical account. The DLA is more than likely incorrect. There is an inconsistency in the date reporting and the date of last activity. If there were no payments made to the account then John should dispute the date of last activity. In addition, since the account is 3 years old and has a large balance, John should wait this one out. Even if John made small minimal payments on this debt, it could take him another 3-4 years just to pay the balance in full. He would basically get the same results at the end of 7 years once the item is dissolved. *WAIT IT OUT Cone Radiology There is a huge date difference between the service date and the reporting date. John could challenge this one if he wanted. However, it would be more prudent to settle the debt because the balance of the debt is small. He could offer 25% of the balance owed on the debt as well as demand the item be deleted from his credit report once the settlement is paid in full. This is an item with which John has several options; it is up to his discretion which method he will choose. He could dispute the debt at first to see if it comes back verified. If it can be proven by the creditor then John should offer to settle the debt. He should be careful to make sure his settlement agreement is in writing and delivered to him via mail or fax before he sends payment. No verbal telephone agreements. *SETTLE THE DEBT 14 Student Loan This is a private loan not guaranteed by the government. Although this is a student loan the debt should be treated as any other loan. John should pay the student loan as agreed. As he is now in a deferred payment status, this is a great time to make payments to the loan. There is no risk of wage garnishment or tax levies on private student loans. *PAY IN FULL Medical Data This account should be settled at 50% of its balance owed. However, John should only pay the debt if he has his creditor’s agreement that the item will be deleted from his credit report. If needed, he could agree to pay 70 or 75% of the balance owed since the debt is so small. He must be careful to pick his battles on some credit lines. After all, having just one small collection removed from his credit file could significantly increase his score. *SETTLE THE DEBT U S Dept of Ed This item is more than 7 years old. It should be immediately disputed based on FCRA statutory time frame. However, if the debt is removed from his credit file he may still be liable for the debt. Government Student Loans are subject to wage garnishment and tax withholdings if not paid on time. *DISPUTE THE DEBT Absolute Collection This is a duplicate item. It should be disputed on the basis of duplication. *DISPUTE THE ITEM Federal Tax Lien This item is significantly past the 7 year reporting period. However it is a Federal Tax Lien and can be very difficult to have removed. Even if he managed to have the reporting removed from his credit file, he could still be liable for the debt. Tax liens can also be attached to his new home 15 and/or levied on his bank account or tax withholdings. John should arrange to make payments until paid in full. * PAY IN FULL 8ow take a look at what John’s credit report could possibly look like once he has repaired his credit file below: 16 Restoration of John Doe Credit Report GENERAL INFORMATION Borrower Name Co-Borrower Name Current Address 28 Social Security No Social Security No Previous Address Age: Age Marital Status Co-Borrower Borrower John Doe Employer Position Since Employer Position Since CREDIT HISTORY E C O A Creditor Name Account Number I Dagwood GMC Date Reported Date Last Activity 10/2010 20989095546 10/2010 FMC Bank 01/2010 12358845 12/2010 I Date Open 02/2006 High Credit $14,513 Balance Terms Past Due Amount Present Status 0 120 + 0 7 5 0 R-04 0 0 0 0 R-01 132 03 0 0 0 R-01 171 0 0 0 0 PAYS AS 30+ 60+ 90+ $0 MOS REV 56 6 4 $0 111 8 $140 Pay As 87 $35 Agreed $0 0 0 $0 I-03 $440 07/2001 $1500 $0 $56 Unsecured I J I CAPIT ONE CARD 03/2010 8898215356741 10/2012 Sam’s Hardware 09/2008 112544 08/2011 STUDENT LOAN 02/2011 000532446 03/2011 10/2007 08/1999 $1000 $880 $30 05/1996 $12549 $0 AGREED $229 DEF COLLECTION ACCOUNTS PUBLIC RECORDS I -------------------------------------------------------------------------Federal Tax Lien ------------------------------------------------------------------------------CASE/DOC # 92389451658 COURT # 123568 DATE FILED: 08/1999 Status: satisfied Amount: $0 Ref #: 200030239 Plaintiff: IRS Comments: Federal Tax Lien 17 INQUIRIES 10/16/07 Capital One 02/02/06 Dagwood GMC 10/16/08 Option One Mortgage 10/16/08 CITI Bank Mortgage TRADE & DEROGOTORY SUMMARY Credit Score 724 Did you notice John’s new credit score after he followed the suggested Plan of Action? With a score of 724 on all 3 credit bureaus can John qualify for a mortgage loan now? Obviously the answer is yes! 18 Repairing your credit involves the following steps: 1. Order your credit reports from all 3 major credit bureaus. 2. Review your credit reports thoroughly. 3. Create a Plan of Action. Determine specifically what you are going to pay in full, settle, dispute, wait it out or take legal action. 4. Write your dispute letters addressed to each individual credit bureau. 5. Mail your dispute letters to the credit bureaus…not the creditor. 6. Await response from the credit bureaus. 7. Repeat steps 4, 5 and 6 until you get the desired results. Step 1 – Order Your Credit Reports The first step in getting started is to get current copies of your credit reports from the three major bureaus. According to the FCRA, you are entitled to obtain a copy of your credit report from any credit bureau for a reasonable charge (from $5.00 to $10.00 per report depending on the state). The FCRA also states that you are entitled to receive a disclosure directly from the credit bureaus free of charge based on the guidelines below: 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. New legislation requires the credit bureaus to allow consumers to get at least one free credit report per year. When requesting a free copy of your report from the credit bureaus you should include the following information: Full 8ame Date of Birth 19 Social Security 8umber Current Address Previous Addresses for the past 5 years Photocopy of Drivers License showing Current Address Use the sample letter to request your free report or disclosure. The credit bureau may request additional information from you. To avoid this, be sure to initially include all of the above information and get any additional requested information to them as quickly as possible. This method may take 30-45 days to receive your credit reports. Even though you may be entitled to a free credit report, the recommended and quickest way to get your credit report is to purchase your report directly from the credit bureaus. These reports give you more accurate and current information and are less expensive than ordering from a reseller. You can order by mail, by phone or online on the internet. See the credit bureau contact information below: Equifax Information Services, LLC P. O. Box 105851 Atlanta, GA 30348 1-800-685-1111 www.equifax.com Experian P. O. Box 2104 Allen, TX 75013 1-888-397-3742 www.experian.com TransUnion, LLC Consumer Disclosure Center P. O. Box 1000 Chester, PA 19022 1-800-888-4213 www.transunion.com 20 8ote: These addresses are current as of the date of printing. Be sure to verify the address by visiting the bureaus’ websites. Also, note that the address used to order credit reports is generally different than the address for mailing disputes. Another option is to order your reports from a reseller. Most resellers will charge $30.00 -$50.00 for a combined report from all three credit bureaus. Here are just two of the many credit report resellers found on the internet: www.truecredit.com www.consumerinfo.com Note: These are merely two of the many credit report resellers that exists in the market. They are not necessarily our recommendation, and you should use them at your own discretion. Step 2 – Review Your Credit Reports Thoroughly Once you receive your credit reports carefully review them. Since you are ordering reports from three different bureaus you may not receive them at the same time. Do not let that delay you from beginning your review process. Begin as soon as you receive your first report. Now that you have some experience with reading credits reports, the reports you receive of your credit file should not be that difficult to interpret. Of course the reports are all going to have their own unique look and feel. Don’t be intimidated by this; each bureau should send you a key or legend to help you decode their report. It is recommended that you take your time and study your credit reports using the key or legend until you are comfortable reading and understanding your report. Once you are confident that you understand your report, you will now begin your Action Plan. Make copies of each report and use the copies to mark up and make notes on. Use multi-colored highlighters to mark or note each discrepancy. 21 Below are possible inaccuracies and inconsistencies to look for: Inaccuracies • Account not yours • Incorrect account number • Date of account incorrect • Incorrect status • Incorrect balance • Incorrect late pay history • Incorrect account type Inconsistencies • Duplicate accounts • Incorrect personal information • Incorrect past addresses • Never lived in area of court record • More late pays than months reviewed • Item in bankruptcy but no bankruptcy listed • Account shows older than possible The first items you should review are the personal identifying information items such as: Name and Aliases, Addresses, Social Security Number, Date of Birth, Spouse Information, and Employers. Note whether any of this information is in any way inaccurate, incorrect, erroneous, misleading or outdated. You should dispute these items first because this data is used to help verify the credit items on your report. Frequently when an item, which is not yours, appears on your credit report, it gets there and stays there because it somehow matches up with some incorrect personal identifying information. By disputing these first, other erroneous items will no longer match your file. For each report, carefully note any records which you believe to be inaccurate, incorrect, 22 erroneous, misleading or outdated. It does not matter whether you think the information is negative, neutral or even positive, if it is erroneous, in any way, it should be removed. Step 3 – Create your Plan of Action Strategy Rank the credit file in order from the most damaging/negative information to the least damaging/negative information. Determine specifically what steps you are going to take and who you plan to contact: the creditor, a collection company or one of the major credit bureaus. You should have a “ranking” list for each report because they may not have the same information on them. The list below gives you an idea of the most damaging items in order: • Incorrect personal data • Bankruptcies • Foreclosures • Consumer Credit Counseling • Loan defaults • Repossessions • Court Judgments • Collections • Past due payments • Late payments • Credit rejection • Inquiries • Positive accounts not being reported or not reported to all three credit bureaus Use the Dispute Letter Form below to determine the order of your letters. Be sure to list your decision as to which items you plan to pay in full, which items you plan to dispute, which items you will settle, which items you will wait out and which items you take legal action on in the Plan of Action column. 23 If the account is an open account you should choose to pay the debt. All that is required is that you continue to make your payments (try to pay on time) until the account has been paid in full. This action requires no contact with either your creditor or a credit bureau. If you choose to settle the debt you should contact the creditor directly by telephone, if at all possible. Ask to speak to the manager or someone in charge who can make a decision about a change to your credit report. You should let the creditor know that you are calling because you want to try to settle a debt if an acceptable agreement can be met. Be careful not to reveal to the creditor any information that can be used against you in the event you are sued. Such as, were you are employed, how much you earn on your job or what assets you have accumulated. If you had a hardship condition in the past that prevented your payment to them, you could share this information if you like. Remember, you are talking to a person who makes decisions for a company and if you can appeal to their compassion they will likely give you favor, and a favorable settlement option. The ball is now in your court. You have something they want and they have something you want. They want the debt paid and you want the item deleted from your credit report. The creditor is already aware that you have the gut to walk away from the debt. Use this to your advantage when determining a settlement agreement. Once the agreement to settle has been finalized make sure the agreement is put in writing and a copy has been provided to you. 8ever pay a settlement without a written agreement that has been signed first by the creditor, and then by you! If you choose to dispute the debt, dispute each item individually for each credit report. The dispute form provided below will help you keep your plan in an orderly flow. You may also choose to wait for the debt to serve its 7-year FCRA statutory time frame. This choice is often made when a debt is at least 3 years old and a large balance is owed. If in your process you discover that you have encountered illegal practices from a creditor or a credit bureau, you may want to consider suing them. You should seek the advice of a credit defense Attorney for this process. 24 Step – 4 Write your dispute letters addressed to each individual credit bureau. Credit Bureau 8ame ________________________________________ Use this strategy worksheet to rank the order of the most damaging negative information, followed by the next most damaging item and so on. Use a separate sheet for each credit bureau. Creditors Name Plan of Action Item Disputing 25 Write Your Dispute Letters When filing a dispute with a credit bureau you have several options as to how you want to contact the credit bureaus. Remember, your dispute letters are going to be sent to the credit bureaus and not the creditor. You should only contact your creditor when you are ready to pay in full or to settle a debt. The options for disputing a debt includes a written letter mailed to the bureau in question, or an on-line dispute ticket sent directly through a credit bureau’s dispute system. The latter option is provided by the credit bureaus to their paying customers. You may also call the bureau and submit your dispute by phone. However, if you choose this method you may be asked to follow up with some form of writing or to fax your evidence to them. The most common method is to write your dispute and mail it to the bureaus by certified mail. With this method you will have proof that you submitted the dispute and the bureaus is required by law to respond to your dispute within a timely manner…usually within 30 days. Any challenge directed to a credit bureau to make changes to your credit file is by law considered a dispute. FCRA - Section 611- Procedure in case of disputed accuracy a) If the completeness or accuracy of any item of information contained in his file is disputed by a consumer, and such dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall within a reasonable period of time reinvestigate and record the current status of that information unless it has reasonable grounds to believe the dispute by the consumer is frivolous or irrelevant. If after such investigation, such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall promptly delete such information. The presence of contradictory information in the consumer’s file does not in and of itself constitute reasonable grounds for believing the dispute is frivolous or irrelevant. In short it means that every item on your credit report must be proven or be removed or deleted. 26 Your dispute letters are the most critical step in repairing your credit. You will have to “sell” the credit bureaus on your desire to reinvestigate your dispute. To avoid the credit bureaus from claiming your request is “frivolous or irrelevant” it is strongly suggested that each questionable item is disputed individually. The only exception to this rule is when disputing incorrect personal data, where it is highly acceptable to list multiple items in one dispute (blanket dispute.) In all other occasions blanket disputes have the potential of being considered frivolous. According to the FCRA the bureaus do not have to investigate a dispute if it has grounds to believe it is “frivolous or irrelevant”. When writing a dispute letter always be specific as to why you believe the item is incorrect, erroneous, outdated, misleading or unverifiable. An explanation as to why a debt was not paid or not paid in a timely fashion (such as divorce, lay off, illness) does not constitute a dispute and the credit bureaus are not required to reinvestigate. In fact, give your explanations to creditors when attempting to settle your debts, not to the credit bureaus as the explanation would only help prove that the debt is valid. Once the bureau has investigated an item they will send you an updated credit report and a form to be used for any additional disputes. It is recommended that you do not use the form as the credit bureaus do not take them as seriously as a handwritten letter. We have compiled several sample dispute letters for you to use. When drafting your letters remember to have your personal information (full name, date of birth, social security number, and current address) on all dispute letters. When writing your dispute letters, use words like erroneous, outdated, misleading and unverifiable in your explanation. Always provide your reason for disputing the item and specifically what you want the credit bureau to do with the listing. For example, are you disputing “the existence of the item” or just “the information contained within the item”? If you are challenging a late payment, do not say, “I have never been late before” unless you are absolutely sure you were never late. Instead you might say, “I’m sure I was not late many times as you say.” Also, be specific as to what you want them to do with the listing. You might say either, “Please delete the entire listing” or “Please remove the late pay notations within the 27 listing.” Always remember that you initially do not want to sound like an expert. You want to sound like a concerned consumer that is simply trying to correct something on their credit report. Your initial letter should be polite and cordial, but this tone should begin to change as it becomes necessary to send additional letters for the same dispute. Your tone should then become more frustrated and threatening, strongly reminding the credit bureau of their obligations under the law. Remember your objective is to get the bureaus to reinvestigate your claim. The techniques described in this manual are simply guidelines. We have provided you sample letters for this purpose below. Please view the sample letters and customize them to your specific requests. As there is no one way to achieve your desired results, I encourage you to get creative in your dispute letters being sure you follow the stated guidelines. Taking responsibility to challenge and make corrections to your own credit file requires a lot of courage and discipline. Anyone can find a credit repair company near their city or on the internet that will promise to repair their credit and increase their scores overnight. Always be mindful that your credit file did not get in its current condition over night, and it will not be restored overnight either. The best thing you can do for yourself is to acknowledge that it will take some time for it to be restored and restored correctly. Now that you have mailed your initial dispute letters you must patiently await response back from the credit bureaus. In a perfect world, within 15-30 days you should receive a letter from the credit bureaus stating that they are investigating your dispute. In another 15-30 days, you should receive a new credit report from the bureau showing the disputed item has been corrected or deleted. Your next step would be to send a dispute letter for the next most damaging item. In 30-60 days, when that item is corrected or deleted, continue on with the next most damaging item. Continue this process until all questionable items have been addressed and corrected or deleted. Unfortunately, we do not live in a perfect world. Some of your disputes may go as smoothly as described above and some may not. There may be any number of reasons for it to take longer. 28 You could encounter issues such as: receiving no response from the credit bureau receiving a letter from the credit bureau asking for more information receiving a letter from the credit bureau stating that they are rejecting your dispute for any number of reason receive a rejection based on “the timing of the dispute” receive a rejection on the basis that “you are trying to manipulate the system” receive a letter from the credit bureau stating that they have verified the disputed item with the creditor and it will remain on your credit report. Whatever the results, you will have to be persistent with your demand for correction. Always send your letters certified mail so you can trace the mail and resend it, or prove that it was sent and delivered to the receiver. Remember, once it has been received the bureaus are on a time clock to respond to your dispute (usually within 30 days). Always make your requests detailed and precise to avoid the claim of “frivolous or irrelevant”. If the items come back as verified and are still not removed, challenge them to present detailed information to prove the debt by using the Sample Creditor Dispute Letter below. It is now time to repair your life with CREDIT FOR SUCCESS! Remember, victory does not necessarily come to the swift and the strong, but it comes to those who are sure and steadfast to endure to the end! 29 Sample Credit Report Request Credit Bureau’s Name 123 Their St Their City, Their State 12345 December 01, 2008 Dear Sirs & Madams, Please send me a copy of my credit report. I have enclosed a photocopy of my driver’s license, showing my correct address and a photocopy of my Social Security card. My name is: Your Full Name My Date of Birth: 12/11/1969 My SS Number: 123-44-5678 My Current Address: 1234 Your Address Your City, Your State, 12345 My Former Address: Your Old Address Old City, Old ST 98765 Please send me a current copy of my credit report as soon as possible. Sincerely, Your Signature Your Full Printed Name 30 Initial Dispute Letter Sample # 1 (Brief and Simple) Credit Bureau’s Name 123 Their St Their City, Their State 12345 February 20, 2007 Dear Sirs and/or Madams, I have never applied for credit with this company. This is not my debt Please delete the debt below from my account: LMN Creditor Acct# 987654321 Once this correction is made, please send me an updated copy of my credit report. Thank you in advance for your prompt attention to this matter. Sincerely, Your Signature Your Full Name 1234 Your Street (Current address) Your City, Your State, 12345 Your Social Security Number Your Date of Birth 31 Initial Dispute Letter Sample # 2 Credit Bureau’s Name 123 Their St Their City, Their State 12345 February 20, 2007 Dear Sirs & Madams, This letter is a formal complaint that you are reporting inaccurate and incomplete information on my credit report. I recently purchased a credit report from you that appears to have some serious errors on it. I am upset that you are showing late payments that are wrong. The report shows that I was 30 days late for the month of September and October 2006 and based on my recollection, I was not late for the months you are reporting. Please correct and delete the late pay notations from the account below: XYZ Creditor Acct# 123456789 Once this correction is made, please send me an updated copy of my credit report. Thank you in advance for your prompt attention to this matter. Sincerely, Your Signature Your Full Name 1234 Your Street (Current address) Your City, Your State, 12345 Your Social Security Number Your Date of Birth 32 Initial Dispute Letter Sample # 3 Credit Bureau’s Name 123 Their St Their City, Their State 12345 April 30, 2008 Dear Sirs & Madams, I am writing you to inform you that I recently purchased a credit report from you that contained errors on it. The report stated that I had several late payments on my XYZ Creditor, Acct# 123456789. I am sure that it is incorrectly reported. I was not late on this account for the months of September and October 2006. I request an immediate review of this account. Please correct and delete the late payment notations on my credit report. Once corrected please send me an updated copy of my credit report I appreciate your attention to this matter. Sincerely, Your Signature Your Full Name 1234 Your Street (Current address) Your City, Your State, 12345 Your Social Security Number Your Date of Birth 33 Sample Dispute Letter # 1 (SEND 60 DAYS AFTER 1ST LETTER, IF NEEDED) Credit Bureau’s Name 123 Their St Their City, Their State 12345 June 30, 2008 Dear Sirs & Madams, This letter is formal notice that you have failed to respond in a timely manner to my dispute letter dated April 30, 2008, sent certified mail with the US Post Office. I am very concerned that you are reporting late payments for XYZ Creditor on my credit report. As I stated in my previous letter, I was not late for the months you are reporting. I know I am not perfect but I just want my credit report to be correct. Please remove the late payment notations for the months of September and October, 2007 from the following listing: XYZ Creditor Acct# 123456789 Once this correction is made, please send me an updated copy of my credit report. It has already been over 60 days from my initial letter, so I am requesting a prompt review and correction of my report. Sincerely, Your Signature Your Full Name 1234 Your Street (Current address) Your City, Your State, 12345 Your Social Security Number Your Date of Birth 34 Sample Dispute Letter # 2 (SEND 60 DAYS AFTER 1ST LETTER, IF NEEDED) Credit Bureau’s Name 123 Their St Their City, Their State 12345 June 30, 2008 Dear Sirs & Madams, I am writing to inform you that it has been over 60 days (Initial letter sent April 30, 2008) since I initially wrote to you about this matter. I think I have been very patient in awaiting your response. I am becoming more distressed over this because I have incorrect information on my credit report. You are reporting multiple late payments on XYZ Creditor, Account# 123456789. I request an immediate review of this account. After review, I would like you to correct and remove the incorrect late pay notations. Once this correction is made, please send me an updated copy of my credit report. I understand, according to the Fair Credit Reporting Act, that it is my consumer right to have an accurately reported credit file. Thank you for your prompt attention to this matter. Sincerely, Your Signature Your Full Name 1234 Your Street (Current address) Your City, Your State, 12345 Your Social Security Number Your Date of Birth 35 Sample Creditor Direct Dispute Letter (Use when sending directly to creditor) QRS Credit Card Company ATTN: Credit Department 123 Their St Their City, Their State 12345 June 12, 2004 RE: Account # 987654321 Dear Sirs & Madams, Your company is currently reporting a negative listing to the three major credit bureaus (Experian, Trans Union, and Equifax) regarding the above referenced account. Based on my recollection and my records, I can find no reason for you reporting such a history. If you’ll review your records I think that you will find your reported notations are inaccurate. The erroneous status of your credit reporting agency records is unacceptable and is preventing me from obtaining necessary financing. Pursuant to Title 15, Section 1666 of the United States Code, I formally request the following documentary evidence pertaining to my account: 1. A copy of the original credit application showing the terms of the agreement. 2. A summary of all account activities, including all payments made, late charges, interest, date of payments received, date of payments posted, charges made, and date of charges posted. 3. Copies of all documents and financial instruments used to pay the disputed late payments. 36 4. Copies of all charge slips, invoices, promissory notes, and all other documents proving indebtedness. 5. Copies of all documents sent to me regarding my account. This information and documentation is critical and time is of the essence. Within less than thirty (30) days, I will be damaged partially because of the discrepancy with your reported records. The above noted code requires your response within thirty (30) days. Your prompt attention will be greatly appreciated. I hereby request that your response be mailed to the address listed below. If you find that your information and documentation does not support the negative history reported to the three credit bureaus, I invite you to submit a completed Universal Data Form to said bureaus in order to remove the negative notations. Upon removal of the negative notations, I agree to hold your company harmless from any and all inconvenience and/or damage related thereto. I appreciate your prompt response and cooperation. Sincerely, Your Signature Your Full Name 1234 Your Street (Current address) Your City, Your State, 12345 Your Social Security Number Your Date of Birth 37 Sample Debt Settlement Proposal July 30, 2008 (Use to offer settlement directly with creditor) XYZ Credit Company Their Street Their City, Their State, Their ZIP Subject: Debt Settlement offer for account#12345678 Dear Collections Department (or Name of person you have spoken to) This letter is written to inform you that due to some financial hardships beyond my control I am unable to pay the above stated loan according to its original terms. I would like to try to come to a mutually acceptable agreement so I can avoid having to file for bankruptcy. My goal is to arrange a term acceptable to both us. I will pay your company the amount of $250 as payment in full for the full satisfaction of this account which, by my records, is owed $1000. Upon receipt of the above payment, your company has agreed to change the entry on my credit reports to "PAID AS AGREED". You further agree to remove all previous notations of collections and/or delinquencies. If you concur with these terms please acknowledge with your signature and return it to me. You agree the terms herein are confidential and you have the authority to make such decisions. No payment will be made without written confirmation. Upon receipt of this signed acknowledgment, I will immediately mail you funds priority mail. This is not a renewed promise to pay but rather a restricted offer only. If no terms can be met, no new arrangements will be made and the offer will be void. Sincerely, DO NOT SIGN YOUR NAME PRINT YOUR NAME, ADDRESS, SOCIAL SECURITY NUMBER Note: Signing your name may obligate you to the terms of this offer. 38 July 30, 2008 HIJ Credit Company Their Street Their City, Their State, Their ZIP Sample Agreement to Debt Settlement (Use when settling debt directly with creditor) Subject: AGREEMENT TO COMPROMISE DEBT HIJ Credit Company, referred to as CREDITOR and YOUR NAME, referred to as DEBTOR, agree to compromise the indebtedness as between them. CREDITOR, hereby agrees to compromise the indebtedness due the CREDITOR on the following terms and conditions: The CREDITOR and the DEBTOR agree that the present debt due is $5000.00 (five thousand dollars & 00/100 dollars). The parties agree that the CREDITOR shall accept the sum of $2200.00 (two thousand two hundred & no/100 dollars) as full payment on the debt. The acceptance of the payment will serve as a complete discharge of all monies due. The payment shall be made in garneted funds. In addition, upon accepting of the $2200, the CREDITOR will notify all three major Credit Reporting Agencies that the account is “PAID AS AGREED”, and delete any entries showing this account as ever being late. This compromise is expressly conditioned upon the payment being received by August 30, 2008. If the DEBTOR fails to pay the compromised amount by August 30, 2008, the original amount owed by the DEBTOR will be reinstated in full, and immediately due. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. Dated: _______________ Signature: ____________ HIJ Credit Company CREDITOR Signature: ____________ YOUR NAME Debtor Account Number 9876542 Your Address 39 Federal Trade Commission 600 Pennsylvania Avenue, NW Washington, DC 20580 (202)-326-2222 Toll Free (877) 382-4357 Web Site http://www.ftc.gov FTC Web Links Nation’s Big Three Consumer Reporting Agencies Agree To Pay $2.5 Million to Settle FTC Charges of Violating Fair Credit Reporting Act http://www.ftc.gov/opa/2000/01/busysignal.htm Cases and consents ruled by FTC Equifax Case http://www.ftc.gov/os/2000/01/equifaxcmp.htm Consent http://www.ftc.gov/os/2000/01/equifaxconsent.htm Experian Case http://www.ftc.gov/os/2000/01/experiancmp.htm Consent http://www.ftc.gov/os/2000/01/experianconsent.htm Trans Union Case http://www.ftc.gov/os/2000/01/transunioncmp.htm Consent http://www.ftc.gov/os/2000/01/transunionconsent.htm For a complete copy of the Fair Credit Reporting Act http://www.ftc.gov/os/statutes/031224fcra.pdf 40
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