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Whether you realize it or not, there
is a tremendous battle going on aimed at shaping your
opinion. On one side you have the credit bureaus with
a massive public relations campaign to discourage consumers
from attempting to restore their credit by telling them
it is impossible. They do this by limiting their acknowledgment
to those methods strictly outlined in the Fair Credit
Reporting Act, such as the dispute method and the consumer
statement.
On the
other side you have consumer rights groups pushing for
more reform. And sometimes in the middle, but most often
leaning toward the side of the bureaus, you have the
Federal Trade Commission. If that weren't enough, you
still have outside voices (attorneys and credit repair
services) whose motives are purely financial and at
time such motives and ignorance add more fog to an already
cloudy landscape.
The result
is a lot of conflicting and confusing information.
It is very easy to get bogged down in this information
glut. But you don't have to muddle in the mire.
This resource strives to shine a bright beam of truth
to dissipate this fog of misinformation--so that you
can begin pursuing a clear path, able to discern the
good and the bad offered you from both sides.
As evidence
of this ongoing credit war, consider these great myths
about the credit reporting industry. Each of these statements
below is false. Nonetheless, almost every consumer still
believes that one or more may be true.
Myth:
The information on a credit report cannot be changed.
Fact:
Exactly the opposite is true. The Fair Credit Reporting
Act requires that items be removed if they are not
fully 100% accurate OR can not be verified within
30 days. Also, anything a creditor is responsible
for reporting and confirming, a creditor can change.
Myth:
Requests (inquiries) for credit reports can't hurt them.
Fact:
At the end of each report will be a log of inquiries.
An inquiry notation is made each time someone requests
a copy of your credit file from that credit bureau.
Any company that receives a copy of your credit profile
will be listed under this inquiry section of your
report.
Lenders
don't like to see a lot of inquiries on a credit report.
Excessive inquiries can result in a credit denial
as easily as bad credit. But, not all inquires are
viewed negatively. (Full details at The Subject of
Inquiries)
Myth: When
I pay off a delinquent account such as a charge-off
or collection account, it will stop hurting my
credit,
because it will then be shown as "paid."
Fact: As
hard as it might be to believe, sometimes paying
off a debt can actually hurt you. This is one of
those
occasions. These type of collection accounts are
allowed to stay on your credit for a "maximum" of
seven years. See Old Delinquent Accounts for warning
and explanation of how you can unwittingly restart
this clock.
However,
this does not mean that you never pay these debts.
While discussing negotiating with creditors covered
in Chapter 4, you will read how to include in your
negotiated settlement a provision for how it is to
be reported. To not do so can severely hurt your chances
of restoring your good credit.
Myth: Credit reporting agencies are empowered with
governmental authority.
Fact:
Absolutely Not! Rather, they must adhere to the government
authorities and laws overseeing their operations.
Credit bureaus are like any other business. They buy
and sell products and services to turn a profit. No
special authority exists.
Myth: Bankruptcy
is a "Fresh Start."
Fact:
Unfortunately, many attorneys don't clearly explain
the devastating effects to one's credit when filing
bankruptcy. This goes for all types of bankruptcy
including Chapter 13, wage earner.
Bankruptcy
is not a clean slate. Every account included in the
bankruptcy will be so noted in your credit file. Additionally,
there will be a court record generated that will also
be added. Avoid bankruptcy if at all possible. The
time table and the odds of completing credit restoration
are greatly extended due to the number of negative
entries that are associated with such filings.
Myth:
Some types of credit information (such as bankruptcies,
judgments and foreclosures) are impossible to remove.
Fact:
Although it is true that some types of information
can be more difficult than others to remove, each
of these negative entries have been removed thousands
of times, using a multitude of creative methods.
Myth:
Credit repair is too complicated to do myself. I would
have to hire an attorney.
Fact:
In some cases involving a stubborn situation, an attorney
can be of great assistance. An attorney can also help
with clarifying the finer points of your state's laws.
However, you can accomplish most if not all of the
legal and negotiation-based methods in this report
yourself by becoming familiar with your federally
given rights and how to enforce them, as well as other
creative methods employed by consumers.
Myth:
It is illegal to have truthful information removed from
your credit report.
Fact:
Congress has already set the precedent by making special
provisions for the removal of correct information
from individuals' credit files by fulfilling certain
criteria. Congress realizes that dangling that carrot
in front of college students encourages repayment
of defaulted student loans. It should come as no surprise
that creditors in other financial markets are hip
to this. Let's face it; congress had to get the idea
from somewhere. Right?
If
you need more proof, read section 609(c)(2)(E) of
the NEW Fair Credit Reporting Act that President Clinton
signed in September of '96.
"...a
consumer reporting agency is not required to remove
accurate derogatory information from a consumer's
file, unless the information is outdated under
section
605 or cannot be verified."
Notice
the wording above, "is not required to remove."
It is very interesting that the law does not say that
accurate information "can not" be removed,
but only that the credit bureau is not required to.
Now, there is law that says a creditor can not knowingly
add wrong information to someone's file, but the
subject
of removing accurate information is mysteriously
avoided. The truth is the FTC and the bureaus themselves
spend
a lot of money trying to convince consumers otherwise.
Why? Lobbyists and money of course! It makes more
work for the credit bureaus, thus increasing their
labor costs. Bureaus save millions of dollars a year
by convincing consumers that the consumer is virtually
powerless. But congress worded things to leave the
door open, and in at least one case drafted law allowing
for it, specifically.
Fortunately,
creditors make their profits by collecting from their
customers, not reporting negative credit information.
Many creditors, though, have an agreement with the
credit bureaus that they will not allow a negative
listing to be deleted upon settlement. Larger creditors,
such as huge credit card companies or banks will require
more pressure before they will agree to delete a negative
listing, but virtually every creditor will give in
with the right amount of convincing. Every creditor
who reports to the credit bureaus can also change
the information they report. In most credit organizations,
there are several managers with the authority to make
changes on the credit report.
Bottom
Line: Anything a creditor is responsible for reporting
and confirming, a creditor can change.
[Excerpted
from Fresh Start: The Authoritative Guide To Consumer Credit Repair.
Three more sections conclude Chapter One by thoroughly
covering all the changes as a result of the most recent
laws going into effect.]
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