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A. Credit Ratings, Corrections, and Cards
The Federal Fair Credit Reporting Act
The following is a summary of what credit reporting bureaus can and cannot do under the federal Fair Credit Reporting Act:
- Credit reports cannot be furnished for illegitimate purposes or to people
unauthorized to receive such reports.
- Reports cannot obtain information on judgments, tax liens, or arrest records
more than seven years old except when the person requesting the information
is considering extending credit or providing insurance of more than $50,000
or offering employment for a job paying more than $20,000. Past bankruptcies
may be reported up to 10 years.
- Once notified that a report is inaccurate, all reasonable requests must
be investigated and false information corrected.
- Any company or person who asks for an investigative report on you must promptly
notify you in writing. You may receive a copy of the final report, but you
must ask for it in writing.
- Any company that turns you down for credit, insurance, or employment partly
because of information contained in a consumer credit report must supply the
name and address of the agency that furnished the report.
- At your request, a reporting agency must clearly and accurately disclose the source, nature, and substance of all information it has on you in its files.
Repairing Bad Credit
There are simple steps you can take to remedy poor credit without the assistance of a credit agency or attorney. The basic aim is to find out what in your credit file is being reported to others, correct or delete inaccurate or incomplete information, and, if necessary, have an agency renotify recipients of reports.
- Request a credit report once a year from a major credit bureau to
be certain that it is accurate and that no adverse credit reports have been
reported by mistake. Contact a major credit reporting agency whenever you
discover a problem. These companies have local offices in major cities and
are listed in the telephone directory.
Depending on the circumstances, you may not be charged for your credit report. TRW Information Service will give consumers a free copy of the credit report once a year (beyond that, it's $7.50 each time the report is furnished).
Gwen applied for a revolving credit bank loan but was turned down. The bank advised her in writing that a TR W Information Service report (one of the nation's biggest credit reporting companies) did not justify the risk because a tax lien had been filed in her city last year due to a failure to pay unincorporated business tax. Gwen had, in fact, properly paid all taxes due. She contacted the city to investigate and remedy the mistake and eventually had the unfavorable comment removed from her credit record.
Other agencies may charge you a fee (typically under $25), but if you have been denied credit on the basis of the report within the previous 30 days, the charge must be waived. The major credit bureaus also have additional services you can purchase for a fee, including credit tips, increased access to your credit reports, analysis of your financial standing, and easier-to-read versions of the credit report.
Anytime you apply for a loan or credit and are rejected, the institution that rejected your request must provide written notice of the rejection along with the reason given by the credit bureau as a basis for the rejection.
- Demand, in writing, an explanation of the discrepancy and request
a complete report of your credit history. The law requires that a credit bureau
inform you of what is contained in your credit report upon request. It does
not have to show you the actual report (but most do).
- You can contact the subscriber directly to discuss why your credit
is being impaired. For example, you can visit the local department store that
claims you failed to pay your bill and bring along the canceled check to prove
the store is wrong. Even if the dispute is valid, you may be able to obtain
satisfaction by arranging a settlement on the unpaid account to clear up the
problem.
You can also ask your credit card company to suspend your credit for a designated period until payments are made. This may prevent negative items from being generated on your account, and it may avoid the cancellation of your credit card.
- If you find any errors in your report, notify the bureau in writing immediately. Identify the error and demand a prompt investigation and deletion or correction. The letter should also state that an error or discrepancy is causing injury to your credit rating. The Fair Credit Reporting Act allows bureaus to ignore investigating requests deemed frivolous or unworthy of scrutiny. More than 50 percent of disputed or negative items are deleted from reports when consumers initiate inquiries.
- The bureau has 30 days to investigate and act on your complaint. During
this time it typically contacts subscribers to verify charges incurred against
your account; if a subscriber does not respond to the bureau's inquiry, the
disputed item is supposed to be deleted automatically from your account. If
you fail to receive a prompt response, send a follow-up letter demanding that
an accurate report be generated or that the disputed item be deleted from
your credit report. You can also make an appointment to visit your local credit
bureau. A representative from the credit agency must agree to see you if you
have been denied credit within the last 30 days and have proof, such as a
photocopy of the denial letter. Dealing with the agency in person often speeds
up the process.
- If the bureau insists that your claim is frivolous or falls to respond
properly, it will be necessary to contact the regional office of the FTC,
the regulatory agency empowered to oversee credit bureaus. Or you can sue
the bureau under the guidelines contained in the Fair Credit Reporting Act.
- Finally, even if a credit bureau refuses to correct your report, you
have the right to enter a statement of 100 words or less in your file explaining
why the record is inaccurate. The reporting company must include your statement
in any reports it issues on you. It is also possible to add favorable information
to your credit report, such as added outside income. Some credit bureaus charge
a slight fee for adding favorable items, but it can help repair your credit
picture (see Figures 3.1, 3.2, and 3.3).
One individual won $10,000 in Punitive damages and $8,000 in legalities after proving that be tried many times in good faith to correct errors in his report to no avail and that his credit suffered as a result.
Also instruct the bureau not to divulge your credit history to unauthorized entities (you must sign an authorization form). Unauthorized credit checks are illegal.
More than 50 percent of negative items are deleted from credit reports when consumers initiate inquiries.
Final Strategies to Improve Your Credit
There are credit-counseling agencies, credit-cleaning agencies, and consultants who, for a fee, claim to be able to improve your credit and teach you how to investigate and resolve disputes on your behalf. There are also nonprofit consumer credit-counseling agencies, which are widespread and honest. If you cannot locate such an agency and are considering hiring a consultant for a fee, be sure that such a person or business demonstrates his or her credentials and that you are not overbilled. For maximum protection, consider hiring a certified public accountant, attorney, or similar professional and that a written agreement be furnished to you in advance disclosing the maximum amount of fees and costs to be charged and what will be accomplished. If possible, personally interview and ask for references before paying fees.
- More than 50 percent of all negative information is often removed from a
credit file following the first verification inquiry letter, so take action
immediately. In many situations, the elimination of these errors alone may
immediately change you from a negative credit risk to a positive one.
- Be persistent. Department stores and other businesses want your business
and goodwill and may be inclined to change your credit history or eliminate
the transaction under dispute 1 if you are persuasive and courteous,
- Loan and credit institutions use a job classification system in determining
and establishing a credit background. For example, companies are more inclined
to extend credit to teachers than to actors. If there is a different way to
list your job classification or verify longer, permanent employment, it maybe
a good idea to do so provided no material misstatements are included.
- Visa or MasterCard members with poor credit can often obtain instant credit
from department stores that issue their own credit cards. Then, when you charge
a purchase and make a timely payment, you may have enhanced your credit rating
even though your older record may not be favorable.
- You may be able to improve your credit history by asking a subscriber with
whom you have a favorable relationship to contact a credit bureau and record
this relationship on your account.
- Compare your credit report with your records at least once a year to monitor
any problems or inconsistencies and stop potential problems before your credit
reputation is impaired.
- If you are having a temporary problem paying your bills, consider paying off all small bills first. You may be able to keep a positive credit history by eliminating a lot of creditors. Also, larger creditors often do not report arrears for several months, so you may be able to buy some time and not have your credit rating impaired. Recognize that women sometimes unfairly encounter credit problems, particularly older married women. Fortunately, the federal Equal Credit Opportunity Act gave women protection from credit discrimination. However, if you were married before 1977 (when the law was enacted), your credit activities may still be reflected in your husband's report and it may be difficult or impossible to obtain credit in your own name.
- open a bank account in your own name
- ask that all credit be reported in your complete name (i.e., "Gwen Smith,"
not "Mrs. Steven Smith")
- obtain one credit card and several store charge cards in your own name
and not your husband's name
- consider building a separate credit identity using your maiden name where
warranted
- consider applying for a "secured" credit card if you have difficulty qualifying
for a regular credit card because you lack a credit history. Although these
cards look and spend like other charge cards, they differ from conventional
cards because holders are required to deposit an amount in a bank account
at least equal to the amount of their card's credit limit.
- attempt to have a parent or relative cosign and assume responsibility for
any debts you incur in order to help you initially qualify for a credit card.
Once you establish your creditworthiness and a good credit history, you will
then have no problem getting other cards (of a type of your choosing) on your
own.
Finally, understand that there is no guarantee to a favorable credit rating, particularly in instances where:
- no credit file has been established
- you previously filed for bankruptcy protection or had your wages garnished,
assets repossessed or attached, or were found guilty of delinquent child support
- you recently moved or you are unable to verify employment, income, furnish credit references, or adequately complete credit applications
To increase the chances of establishing your own credit, it is suggested that you:
Consumer-related credit fraud is on the rise. Numerous scams are popular, including loan brokers and "Professionals" who take cash payments from customers needing jobs or those having poor credit desiring to buy homes or facing mortgage foreclosures. Unfortunately, most of these people promise to help but do nothing.
One advance-fee loan operation was the subject of hundreds of complaints from consumers from out of state. The company solicited through classified ads and telemarketing and persuaded consumers with poor credit to send between $200 and $800 for guaranteed loans that never materialized. Postal inspectors eventually brought charges against the principals and seized their assets.
Other tips to avoid related credit fraud include:
- Avoid using loan brokers or other credit professionals who demand a fee
in advance.
- Use 900 numbers with caution, since even a single call could cost you more
than $100.
- Since dubious credit and mortgage fixers, loan brokers, and job finders
flourish in times of economic recession, be wary of individuals and firms
you have never heard about or can't receive favorable references about.
- Always inquire about an individual's or a firm's reputation by contacting your local Better Business Bureau or consumer protection agency to discover whether any complaints have been previously filed.
Credit Card Problems
There are many types of charge cards, including credit cards, travel and entertainment cards, bank credit cards, premium cards, and secured credit cards. Each offers different advantages, costs, and billing practices. When shopping for charge cards, weigh these factors:
- interest rate
- annual fee
- acceptance by merchants
- grace periods before payment is required or penalties imposed
- availability of cash advances
- fringe benefits, including flight insurance, collision coverage on rental cars, telephone and travel discounts
If your card is lost or stolen, report this within 24 hours so you will not be responsible for unauthorized charges in excess of $50 per card. Although loss of a card may do you no major financial harm, it can interfere with your credit if you do not report the loss immediately.
If your credit card is lost or stolen, report this within 24 hours.
Never lend your card, do not disclose your account number over the telephone to anyone you do not know, and check all statements promptly for unauthorized transactions.
Billing Errors
The Fair Credit Billing Act of 1974 offers significant protection against billing errors made by the card issuer or the merchant. Billing errors for which the issuing bank is responsible include failure to record payments that you made and mathematical errors in totaling your charges or calculating the finance charge.
Billing errors for which merchants are responsible include charges for items you did not order or never received; items delivered to the wrong address, in the wrong quantity, or so much later than promised that the bill arrived before the item; and items that turned out to be different from what you ordered.
When you discover an error, notify the issuing bank in writing within 60 days of receiving the statement. Your letter should include your account number, a description of the error, the amount of the error, and, if possible, some explanation of why the error may have occurred. If the error involves a merchant, attach copies of bills, sales receipts, or other supporting documents.
While the dispute is pending, you may withhold payment of the disputed amount, but you must pay the rest of your balance. During this time, the card issuer may not close your account or threaten your credit rating by reporting you as delinquent.
The card issuer must respond to your letter within 30 days and must, within 90 days, investigate your complaint. If your claim turns out to be justified, the charge is canceled; if not, you must pay the amount plus any interest charges that have accrued.
Problems with Banks
Common financial problems include:
- failure of banks to specify adequate reasons for denying credit
- electronic fund and other account mix-ups imposition of unwarranted fees
and bank credit card errors
- misrepresentation of credit charges, such as not disclosing the annual percentage
rates on loans
- discriminatory lending decisions on the basis of race, gender, age, marital status, national origin, religion, or because the applicant is on welfare or in the past has complained about the bank
You should first attempt to resolve the problem directly with the bank. Discuss the problem in person if necessary, and follow up all meetings with a letter confirming the substance of the meeting and what you were promised, such as immediate action. (Always send the letters by certified mail, return receipt requested, so you can prove delivery.)
If the matter is not resolved quickly, appeal to a supervisor or officer of the bank. Send a final letter warning that you will take legal action if the problem is not solved.
Finally, you can hire a lawyer to take further action on your behalf. There are also agencies established to oversee, regulate, and handle complaints against banks in their Jurisdiction. These include your state's banking department, Federal Home Loan Bank, U.S. Comptroller of the Currency, Federal Reserve Bank, and Federal Deposit Insurance Corporation.
If you have trouble reaching the appropriate agency, contact your regional or local department of consumer affairs as a last resort. Most consumer affairs agencies will intervene on a consumer's behalf or can guide you in this area.
Copyright © 1996 Steven Mitchell Sack
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