How to Write a Dispute Letter to the Credit Bureaus

March 31st, 2010

Here are a few tips on how to write a dispute letter to the credit bureaus.

When we were fixing our credit scores, we made a few mistakes when sending in letters to the bureaus. We especially messed things up with our Experian dispute.

We hope you don’t make these same credit disputing mistakes!

The Fair Debt Collection Practices Act (”FDCPA”) assures your rights as a consumer.  Collection agencies are not allowed to report information to credit bureaus unless it has been verified.

Of course, there are some less than honorable collection agencies, and you are protected by law if you find an erroneous reporting on your credit report.

Writing a Dispute Letter is one of the first things to do in order to document the error on your report. There are three credit bureaus to whom you should address this letter:  Experian Dispute Department, TransUnion Dispute Department and Equifax Dispute Department.  You can find the address and phone numbers on line.

You are guaranteed certain information once you ask for it in the letter, and they are obligated by law to respond.  However, they will move slowly and hope you become frustrated and just give up.

If this happens to you…don’t give up!

Here is what you should include in your dispute letter to the credit bureaus:

  • Request the debt be deleted immediately upon investigation.
  • Remind them they are violating your rights by listing a erroneous entry.
  • The amount of the debt – Is this the true amount owed, or are there late fees and penalties added.
  • The date it was incurred.
  • Proof of contract – they need to provide something you have signed to prove the debt is really yours.
  • The licensing authority under which the collection agency is operating – they may not even be allowed to operate in your state.
  • What is the date of this debt and does the statute of limitations apply.
  • Has the debt be charged off or sold to another agency?  If it turns out the debt is really yours, you may have already paid the debt before it was repackaged and sold to another collection agency.
  • Request this debt not be reentered at a later date.  Some collection agencies will try to resubmit the erroneous information.
  • If you are the victim of identity theft, make that clear as well.
  • Do NOT list your full social security number, block out the first five with an xxx and list the last four.  This will give them enough information to match with your current report on line.

Always make a copy of the letter or correspondence for your records.  Send your letter certified mail, return receipt requested.

Remember, don’t give up! Even if your dispute letter does not remove the questionable bad credit, you can always hire an affordable credit repair service to delete those stubborn credit items!

What is a Lien?

March 28th, 2010

There are many different kinds of liens, but the basic definition of a general lien is that it’s a legal claim against something you own and is used to secure a loan.

(when I was fighting with collection agencies, they were always threatening to get a lien against me. Even though I got rid of the debt before they could get a lien against me, it was scary to see these notices in the mail.)

If you have not completely paid off a debt, then the lien is not released and you are not able to sell property.  Liens are used to protect both consumers and lenders, and may work in your favor depending on what the situation is.

Example of a General Lien

A good example of a general lien is a car loan.  The bank or financial institution lending you the money places a lien against the car you’ve just bought.  Legally, they still own the car, even though you are responsible for paying the monthly payment until it is paid in full. You don’t truly “own” the car until the lien has been satisfied or “released.”

If you decide you want to sell the car, and the debt is still not paid, the lien prevents you from selling the car.  If you are delinquent on any of the payments, the bank can repossess or seize the vehicle until you bring the payments up to date.

Defaulting on a loan enables the lien holder (the bank) to garnish your wages.  It will be listed on your credit report as a bad debt and the lien will still be held against you.  The only other way you can have the lien removed is to file bankruptcy, which is an extreme measure.

Some types of liens actually protect you as a consumer.  Say you’ve hired a contractor to install new kitchen cabinets.  You agree on a price and pay him ½ of the money upfront.  The contractor works for a few days, then doesn’t show up for the job and doesn’t answer the phone number you were given.

You are allowed by law to file a Mechanic’s or Contractor’s Lien.  This is a legal document that places a hold on any funds in his business checking accounts.  It becomes a garnishment against his collection of any other funds from other jobs.  Your claim must be satisfied before the lien against him is released.

Finally, the Internal Revenue Service can place a Tax Lien against any taxpayer who has not paid their income tax owed.  The government will freeze your funds in any checking or saving account, and will not release the funds until the debt is paid.

Some creditors get over zealous when placing a lien against you. Not only does this put a lien against your property, but it also shows up on your credit report.

A lien on your credit will stop you from getting any new credit such as a new mortgage. You can get immediate help to dispute questionable liens from a credit repair service like we did.

How To Remove a Lien From Your Credit Report

March 24th, 2010

If you have a questionable or unverifiable lien on your credit report, you may be asking yourself: How can I remove a lien from my credit report?

How you go about doing this depends on what type of lien is listed on your credit report.   If it is a General Lien, such as a car loan, the lien is removed when the loan is paid off in full.  Unless you dispute your credit report first, it is up to the bank or other lender to determine when it is removed.  If after a reasonable amount of time the lien still has not been deleted, you will have to write a letter to the credit bureau.  Its good to have a copy of the last payment made or other information confirming the debt has been paid, such as a payoff letter or canceled check.

A lien from the IRS stays on your credit report until you pay off the taxes owed, which why the lien was placed in the first place.  If you can prove a financial hardship or have paid enough to satisfy the principal amount, the IRS may decide to forgive the balance.  There are other options, but there is no magic bullet.  Accurate liens are simply not removable until the debt has been paid off.

However, many times a lien is just not accurate or verifiable. Banks and credit bureaus make mistakes and often report inaccurate information. There are methods to legally and ethically dispute bad credit, even if you are aware of the underlying debt.

If you decide NOT to exercise your right to dispute a lien, the first option is to ignore the lien and do nothing.  If you decide to wait it out until the statute of limitations expires (which is usually about 10 years) the lien will remain on your credit report and prohibit you from being approved for any credit.

Another way is to pay off the amount owed.  The lien will be released immediately.   You could set up a payment plan, but this will not remove the lien until the balance is paid in full, plus you will be accruing penalties and interest the longer it takes to pay.

You can also file for an “Offer in Compromise.”  A tax lien will be released if you can settle your back taxes owed for a fraction of the total amount owed.  You will have to prove that the amount you are offering will be equal to or more they are likely to collect from you if they had to go to a collection agency to retrieve the funds owed.

If you feel the lien has been filed in error, you have the right to file a Notice of a Right To Request a Hearing” which appoints a judge to look at your case.  The hearing has to take place within 30 days from the sixth day after the the lien filing.  This means you actually have 36 days.  If you win the appeal, the lien will be removed, although the filing of the lien will still show up on your credit report.

Will Bad Credit Keep Me From Getting a Job?

March 23rd, 2010

According to the U.S. Labor Department, unemployment figures as of February 2010 states there are 14.9 million unemployed persons, with the unemployment rate remaining at 9.7 percent, virtually the same as the prior month.

The number of long term unemployed  (those who have been jobless for 27 weeks or more) was 6.1 million during this same time period and has been at that level since December.  This means about 4 in 10 unemployed people have been unemployed for six months or more.

It is somewhat discouraging to learn that more than 60% of employers are now running credit checks on some job applicants, which is up almost 46% since 2006.

According to a survey by the Society For Human Resource Management, it is playing in heavily in the decision making process as to whether to consider candidates for a position.

Even if you have a fantastic resume and excellent references, if you’d had a car repossessed or a judgment placed against you, there’s a good chance you won’t get the job.

Credit checks are fully legal.  But the process is questionable, and what was once thought only necessary for those employees who would be handling money, it’s now become a barometer for the likelihood of any further investigation of the applicant.

An employer has to ask for your permission to run a credit check. However, if you refuse, it will signal a red flag and you become a questionable candidate.   Credit card debt, late payments and repossessions are some the items employers may see in your credit report, and use them to determine if you are a good fit for their company.

You may feel that it is unfair to use this as a tool for hiring, as many less than stellar credit situations are sometimes just not your fault.  A messy divorce, loss of income, or an illness in the family are all situations where people have no control over the outcome, and are left trying to emerge from the ashes of their existing credit fires.

Lawmakers in 16 states have proposed legislation to outlaw most credit checks, saying the practice should be remain to be only for those employees who oversee or handle currency.

While it may not be popular, this screening tool isn’t new.  With the increase in identity theft and employee theft, companies are being much more diligent in their screening process.

The bottom line is that if you have questionable credit reports and are looking for a new job, you should take immediate steps to clean up your credit file. You can dispute questionable credit items by mailing letters to the credit bureaus. Or, if you’re in a hurry to get a new job, you may consider hiring a credit repair service to help you get a fresh start.

Things You Need To Know About the New Credit Card Laws

March 13th, 2010

Thanks to legislation enacted by the Obama Administration, banks now have new regulations they have to follow regarding credit card terms and disclosures.  The goal is that the new laws will prevent banks from engaging in predatory lending which plunged consumers deeper into debt, and never allowed them to pay off credit card balances.

Here are several of the key differences between the old regulations and the new ones put in place:

  • Before, banks could raise interest rates on your card at any time, which included the rate on existing balances.  This also included consumers who were never late on payments and had excellent credit.  Savvy borrowers would often call lenders with whom they a good credit relationship to lower their interest rate if the bank wanted to save the relationship.
  • New legislation now states the interest rate cannot be raised in the first year after the account is opened unless an introductory rate has ended.So if you are told you are getting a great rate of 2% for three months, after the three month period has expired, the bank has the right to raise it to 21% if they want.  You must be notified 45 days in advance of this rate change.
  • If you have an existing account, the rate can’t be changed unless the account is 60 days past due. However, if you make the payments on time for six straight months in a row, the rate must be restored to the original amount.

When it came to disclosures, this was really confusing.  The fine print was hard to read and understand, and any information regarding the fees, rates, and penalties for other things like cash advances was hard find.  It was also just about impossible to find any computation regarding how much it would take to pay the total balance off.

Now, cardholders are shown how many months it will take to pay off the credit card balance, including only paying the minimum amount.  Consumers are now also shown how much it would take a month to pay it off in three months.

This change will help you get your credit card balances down to a range which helps improve your credit score. Many use credit cards to rebuild a credit score so this is a bonus for those people.

Perhaps the biggest change has come in the way service fees are computed and shown.  Before the new law, banks could charge as much as they wanted.   Annual fees, activation fees and any other fee they seemed to pull from thin air could be marketed.

This type of lender targeted the problem credit card holders, who relied on sub-prime lending and often predatory practices.  Now, all fees must be capped at 25% in the first year – but after that, there is no cap.

Grace periods, which were a easy way for the bank to make money since they shifted the due dates around periodically, causing payments to appear late, now are required to remain consistent.  The statement has to be mailed 21 days before the payment due date, and no charged or fees can be computed before that time period.

Previously over the limit fees were charged when a cardholder exceeded their limits.  The over limit charge could also be put in place if the interest rate charge or late fee brought them over the amount.  This is no longer allowed unless the cardholder agrees to be billed if they go over their limit.  There is also a limit of being billed the over the limit fee to the billing cycle, whereas prior it could be done several times within a month.

Also, before if you were late on paying a utility bill or a loan, it was considered a “Universal Default” and would allow the credit card companies to also raise the interest rate on your credit card.  No longer.  Unless the original agreement spelled out a limited promotional amount with an increase to be determined at a later date, this is now illegal.   Also, if you have older accounts, you must be informed in writing 45 days before a new rate increase is to be applied.  You must be given the option to cancel the card and pay down the balance at the old interest rate.  The card company must review the account once every six months if you want the rate assessed and be dropped back.

College students were most often the hardest hit with credit card applications, being given the credit without having income or any background checks.  Now they can no longer be approached until they are 21 years old.  If the student wants to use a co-signor or does have substantial income they have special deals to accommodate them.  But the bottom line is, banks are no longer allowed to just hand them out to students, creating a platform for future financial situations they can’t handle.

NO LOAN ACCOUNT NUMBER ON FILE CORRESPONDING TO CUSTOMER NAME

March 5th, 2010

I have a question. I am driving my sister’s car and I have been making a payment through my daughter’s bank for the last 3 months. Today, they sent the check back because they said that” NO LOAN ACCOUNT NUMBER ON FILE CORRESPONDING TO CUSTOMER NAME.” Is that something that they can do? If you don’t know the answer, do you know anyone that I can talk to about this matter.

-Terry

Dear Terry,

This sounds like more of a bureaucratic oversight than a deliberate attempt to refuse payment. Did you attempt to call them to resolve the issue.

Generally speaking, almost any banking institution will allow another to pay a debt – even if your name is not listed on the account.

-Ben

Credit Team USA Sued for Fabricating a Fake Stimulus Package

March 3rd, 2010

It seems as though faux credit repair companies are being exposed left and right. We recently posted about a credit repair scam as well as a more established company called Veracity Credit consultants who was sued by the Colorado Attorney General.

Now, a consumer has taken the initiative to file suit against Credit Team USA. http://www.courthousenews.com/2010/03/02/25153.htm

The plaintiff is seeking to recover damages exceeding $3,000 for various misrepresentations. Specifically, the plaintiff alleges that this credit repair company charged up front fees (which is illegal in some states) and also fabricated an Obama credit repair stimulus package.

Unfortunately, this consumer could not get the company to refund his money and now he’s forced to seek judicial intervention.

This is just another example of the many predators that occupy the credit repair space. We posted several tips on how to avoid a credit repair scam here. However, the bottom line involves common sense. We strongly encourage you to choose a credit repair law firm. Having an affordable and licensed attorney fight your case is just good common sense. Plus, you don’t have to worry about getting scammed. Lawyers are regulated by strict bar association rules and are therefore will provide the level of ethical service you normally expect.

More Credit Repair Scams Exposed! Another Company Charged with Fraud

February 25th, 2010

Yesterday we discussed how the Colorado Attorney General charged a credit repair company called Veracity Credit Consultants with various violations. You can see the details about Veracity Credit Repair here.

In another somewhat related story, we discovered that the city of Chicago charged nine different “credit repair companies” with fraud. You can check out the video here:

There is a common theme here with all these stories:

If you are looking for a credit repair company to help you with credit issues, you should avoid any company that charges a big up front fee.

This is the exact reason why we selected Lexington Law Firm to help us with our credit issues. There are no big up front fees and they have plans affordable for almost any budget. I liked that there is a small first work fee of $99, which is a bargain considering all they do for that small investment.

The other reason why we liked Lexington is simply because they offer a pay-as-you-go service. If you don’t like what they are doing, you simply cancel the service and move on.

Veracity Credit Repair Sued by Colorado Attorney General

February 23rd, 2010

Veracity Credit Repair Consultants (www.veracitycredit.com) was sued by the Colorado Attorney General as reported by Bizjournals.com yesterday.

The credit repair company is accused of charging upfront fees for its services, which is illegal according to laws that govern credit repair companies. They are also accused of failing to disclose the total amount the service would cost.

I spent some time on the Veracity website and learned that this is a company that does not employ attorneys to perform the services. In other words, as a client of Veracity you are not getting any professional legal help for your case. Yet, it charges its clients the same fees as credit repair law firms!

Which would you rather hire: A non-attorney credit repair company or a credit repair law firm with decades of experience for the same price!?

The lawsuit against Veracity is unfortunate because it is another blemish against the credit repair industry. It means that legitimate credit repair law firms have to work that much harder to prove they are not a credit repair scam.

For details on how to choose a legitimate credit repair service, check out this article on how to avoid credit repair scams.

Should I Close a Credit Card that is Paid Off?

February 17th, 2010

One member believes she made a terrible mistake by closing her two credit cards that are paid off. She is worried that closing the accounts may have lowered her score. Here is her question:

I have reviewed my credit report. I have two credit cards that I m paying on every month. One has a bal. of $2,400. or so and the other is under $400.00.

In the past I had several credit cards and they all all repoted to the credit bureaus “PAID NEVER LATE” however, the cards are closed at my request. I did not want to be in over my head in credit card balances. Now I feel I need to reopn or apply for one to show on the CBR’s that I have at least one c-card open.

Ben, I keep asking for advice. I know that your advice and time is part of your business. I can not recall what your charges are? Please have one of your rep’s call me.

Ben, I have so many legal questions on if I should leave the possitive paid and closed acct’s on my report or have thim removed they are old acct’s. Then there is the issue of a tax lein I have no Idea who reported it I have to go to San Joaquin clerks office and get that information. And last but not least I’m in the process of a home modification. which for sure loweres my score.

First, let’s address whether it was a mistake to close your credit card accounts. Although the credit bureaus keep their scoring formula TOP SECRET, they have publicly stated that keeping an unsecured bank card such as a Visa or Mastercard OPEN will help improve your score.

So, my suggestion is to get an unsecured revolving credit card account. Keep the card active but the balance low. In other words, it is good practice to use the card for small purchases and pay off the balance. That way you get the benefit of the credit score improvement along with avoiding interest payments.

Second, that is scary that a lien has popped up on your credit report. A lien could have resulted from any number of things such as a tax balance or any debt where the creditor went and obtained a judgment.

Since you don’t even know where it came from, my suggestion would be to dispute the accuracy immediately. You can do this yourself, or have a law firm like lexington law take care of it for you. There are benefits to both routes, but with something as damaging as a lien, I would consider a credit repair service, which is affordable and provides great service.