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What You don't Know about Credit Repair Can Cause Trouble

If credit repair is so easy, why doesn't everyone have great credit scores? The answer is that many credit repair organizations use shady methods. Several of them operate under the radar, and in fact consumers get duped every day by firms claiming they can "completely erase all negative credit problems." Either the firm takes the money and never performs, or it uses fraudulent techniques, or sells services that consumers can access themselves for free.

Let's take a look at the problem areas of credit repair and then at what to look for in companies that are legitimate.

Two (usually fraudulent) tricks of the trade

There are two main ways that credit repair companies claim to clean up your credit. First, they dispute negative items on your credit report with the national credit bureaus. By law, the credit bureaus must do an investigation on the disputed items within 30 days. If there isn't enough evidence to substantiate the negative item from the creditor, the item must be removed.

However, you can dispute and have any credit report inaccuracies corrected yourself for free, directly with the credit bureaus. Beware of disputing all negative items on a report hoping the bureau won't get to it investigating them all. If it's discovered that you are committing fraud through this means, your name could land in a fraud database, making it even more difficult to get clean credit.

Second, a credit repair firm may advise you to apply for an Employer Identification Number (EIN), establishing a "new" credit report & using this number on applications instead of your Social Security number.

Watch out! Following this advice can make you a perpetrator of fraud. According to the FTC, you could be charged and prosecuted for mail or wire fraud if you use the mail or telephone to apply for credit and provide false information. It's a federal crime to make false statements on a loan or credit application, to misrepresent your Social Security number, and to obtain an Employer Identification Number from the Internal Revenue Service under false pretenses.

Companies perpetrating credit repair fraud often get away with their scams because scared consumers think they'll be prosecuted if they report the credit repair organization. It's not true; states have laws designed to protect consumers and prosecute the perpetrators.

Protect yourself contractually

If you consider hiring a credit repair company to dispute legitimate, inaccurate items in your credit report, take measures to protect yourself. The Credit Repair Organization's Act specifies the following by law:


  • The credit repair organization must give you a copy of the "Consumer Credit File Rights Under State & Federal Law" BEFORE you sign a contract.

  • The credit repair organization must give you a written contract that spells out your rights & obligations, the payment terms for services and the total cost.
  • The credit repair organization cannot make false claims about their services, or charge you until they have completed the promised services.
  • The credit repair organization can't perform any services for you until they have your signature on a written contract and have completed a three-day waiting period. During this time, you can cancel the contract without paying any fees.

Your contract must also describe in detail the services to be performed, how long it will take to achieve the results, any guarantees they offer, and the company's name and business address. DO NOT use any credit repair company that does not follow the above legal requirements to the letter. Note that In the case of identity theft, a legitimate, experienced company can process the reams of credit repair paperwork and make recovery much easier-as long as you're willing to pay.

Safe, sure credit repair

Perhaps you think going through bankruptcy, having delinquent credit accounts, foreclosures and/or repossessions means you'll be ineligible for credit for years. What you should know is that the Fico score models take every month of on-time payment into account. Scores rebuild naturally after 12, 24 & 36 months following the most severe credit problems. Slow down, keep the faith and get yourself a "bad credit credit card" immediately after a severe credit problem-a low-limit card secured with a savings account of cash held as collateral. Use it sparingly, keep it paid current at under 50% of its limit and you will see results.

 


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