Professional Documents
Culture Documents
Consumer Guide To Good Credit
Consumer Guide To Good Credit
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Your Rights Under the Fair and Accurate Credit Transactions Act (FACTA), the Fair
Credit Reporting Act (FCRA), and the Fair Credit Billing Act (FCBA) . . . . . . . . . . . .5
1 How To Obtain a Free Credit Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
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©2005 Springboard
TABLE OF CONTENTS
Identity Theft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
Family and Friends – A Common Source of Identity Theft . . . . . . . . . . . . . . . . . . .28
8 How Identity Thieves Operate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
Who is Most at Risk? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
How do Thieves Obtain Social Security Numbers? . . . . . . . . . . . . . . . . . . . . . . . .28
How Can You Protect Yourself? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
If Your Identity is Stolen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
Resources for Identity Theft Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32
Checking Account, Insurance, Tenant (Renter), and Medical "Credit Bureaus" . . .35
10
Predatory Lending and Other Scams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
11 Illegal Practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
Advice and Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
How to File a Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
Don’t Become a Victim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
Don’t Be Misled with a Loan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
Real Estate Property Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
How Can You Protect Yourself? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38
Prize Offers – Too Good to be True? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38
Pyramid Schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38
Pre-Paid Calling Card Scams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39
Non-traditional Credit Reporting for Renters and Others With No Credit History:
13 The New Frontier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43
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©2005 Springboard
About
ALGOThis GuideDE ESTA GUÍA
ACERCA
Always
Siempremaintaining ournuestro
commitment to help
deothers,
ayudar Springboard Non-Profit Consumer Credit Consumer
Management is proud
se to present this informational booklet. At Springboard,
Aquí,we
enbelieve in providing
manteniendo compromiso a otras personas, Springboard Non-Profit
consumers
en darles awith usefulclientes
tools and
lo all the necessary information
llegar a to make wise decisions.
Credit Management enorgullece en presentarles este libreto informativo. SPRINGBOARD creemos
nuestros necesario para poder tomar decisiones financieras inteligentes.
EDITOR
Dianne
nuestroL.aprecio
Wilkman
Muchas personas contribuyeron con la información contenida en esta guía. Deseamos dejar constancia de
President/CEO
y agradecimiento para ellas y para aquellos que nos ayudaron en su producción.
Springboard
EDITORES Non-Profit
EJECUTIVOS Consumer Credit Management
4351 Latham Street, Riverside, CA 92501
800-947-3752
President/CEOext. 702
Dianne L. Wilkman Paul Richard, RFC
[email protected]
President
Springboard Non-Profit Consumer Credit Management Institute of Consumer Financial Education
ASSISTANT EDITORS
4351 Latham Street, Riverside, CA 92501 PO Box 34070, San Diego, CA 92163-4070
Maria Stevens,
ASSISTANT Administrative
EDITORS Assistant, Springboard
AND TRANSLATION
ACKNOWLEDGEMENTS
Daniel Peña, Education Director, Springboard Non-Profit Consumer Credit Management
Content review provided by Paul Richard, President, Institute of Consumer Financial Education
Maria Stev ens, Administrative Assistant, Springboard Non-Profit Consumer Credit Management
www.icfe.info,
ACKNOWLEDGEMENTSand Jeff Michael, author, “Repair Your Credit and Knock Out Your Debt”
used
Parteordereproduced in anyproporcionados
manner whatsoever without
beca dewritten permission of the publisher,
Springboard Non-profit Consumer Credit Management. The “Consumer Guide to Good
de las Credit”
agenciasisque son
los fondos fueron bajo una la Association of Independent Consumer Credit
available
miembrosfor customizing under separate license agreement. For problemas
customization and licensing
Counseling Agencies (AICCCA). Su Visión: AICCCA representa los intereses comunes
information please Su
contact:
Misión: Education Department,
en sociedad Springboard Non-Profit Consumer Credit
para asegurar que todos aquellos que buscan ayuda con de deudas reciban la mejor
Management,
angustia financiera y para que adquieran la sabiduría personal en finanzas. Para colaborar 750.
4351 Latham Street, Riverside, CA 92501. Telephone (951) 781-0114 ext. Email:una
calidad de ayuda. Para actuar para dar ayuda inigualada a los consumidores con
[email protected].
y facilitar
asociación administrada y apoyada por sus miembros para el avance de los mejores intereses del consumidor,
Legal Disclaimer:
los másLiability claimsderegarding
integridaddamage caused by the use ofcon
any information provided
las agencias miembros de consejo de crédito y los compañeros acreedores. Para asegurar que sus miembros
will
Parabe rejected. losInformation presented
agenciasismiembros,
to the best knowledgequeof the
dan author and aeditors
los quecorrect;
mantengan altos criterios y confianza en colaboración todos aquellos involucrados.
intended to constitute legal advice. You should not rely on our statements (or materials referenced)
interesadas reunirse para discutir temas
for legal advice, and should always confirm such information with your lawyers, who should be
responsible
PMB 626 for taking whatever steps are necessary to check all information and personally ensuring
AICCCA
that theRandom
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800 on accurate and complete information and research from any
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Bankruptcy Relist® are registered service marks of Springboard Non-profit
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ISBN # 0-9763589-2-1
Notice: This publication is copyrighted. All rights are reserved. No part of this book may be used or reproduced in any
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La "Guía del Consumidor para un Buen Crédito" is available for customizing for outside companies under
Portions
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Email: written permission provided full credit is given.
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3
©2005 Springboard
INTRODUCTION
It is well established that credit scores are now a cornerstone of the U.S. credit system. Credit scores
determine or at least greatly influence access to housing, unsecured credit lines, insurance, utility and
cell phone services, and employment. Since they are based on credit reports, it is imperative that the
underlying data be correct for (1) the score to have any meaning and (2) for consumers to accept the
validity of credit scoring. The growing use of credit scores has expedited the speed and efficiency of
credit granting and the customized pricing of credit. However, in consumer and commercial lending,
inaccurate scores can result in unfair treatment of borrowers who are denied or charged high prices for
credit.
Data integrity problems in credit reports have the cumulative impact of lowering the integrity of what
the U.S. credit system is built on: the efficient collection, storage and use of the actual credit history
records of individuals and the scores derived from these credit history files. Damage has been done to
the integrity of credit reporting and scoring from all sides of the credit granting and receiving
spectrum: (1) from the credit bureaus, who are in control of these databases, responsible for their
accuracy and integrity, and accountable to consumers; (2) from the creditors and collection agencies,
who have employed incomplete credit reporting methods as a defensive marketing tactic, or used
unethical and even predatory credit reporting tactics that serve to manipulate credit scores
deliberately; and (3) from consumers themselves, who resort to aggressive or even fraudulent methods
of credit repair to create a falsely positive credit history for themselves (albeit many times out of
necessity, due to unresponsiveness and irresponsibility on the part of bureaus and data furnishers).
It is our hope that this booklet will empower you to take control of your credit report so that you can
enjoy the benefits of the lowest interest rates when you need credit, and prevent yourself from being
harmed by identity theft, predatory lending, and abusive collection practices.
Sincerely,
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©2005 Springboard
Your Rights Under the Fair Credit Reporting Act
Consumer Rights 1
1
(FCRA), the Fair and Accurate Credit Transactions Act
(FACTA), and the Fair Credit Billing Act (FCBA)
Congress enacted the Fair Credit Reporting Act (FCRA) in April 1971. This established guidelines for
credit bureaus, credit reporting agencies, and creditors to follow in reporting our individual credit
history. The Fair and Accurate Credit Transactions Act (FACTA - HR 2622), is the name of the new law,
which amended FCRA in late 2003. It establishes uniform national standards and preempts state laws in
most instances, although some states were able to maintain their own laws regulating credit reporting
and consumer access. The law provides significant new consumer protections regarding resolution of
disputes and identity theft, among others. Important features of FACTA are summarized below:
Provides everybody the right to get one free credit report from each bureau each year. A special
website and toll-free number were established by the FTC and the credit bureaus for consumers
to request their reports.
Gives consumers the right to obtain their credit scores from the bureaus for a reasonable fee.
Mortgage lenders are required to provide consumers with a free copy of their credit score.
Provides consumers with clear instructions on how to opt out of information sharing between
affiliated companies for marketing purposes and how to stop companies from sending unsolicited
offers of credit.
Ensures that consumers are notified prior to or within 30 days if financial companies are going to
report negative information about them to the credit bureaus. Allows consumers to dispute
directly with data furnishers for credit reporting purposes. Furnishers may not report an account
that is under dispute and must notify you either before or no later than 30 days after they have
reported negative information to bureaus.
Allows consumers to place fraud alerts in their credit reports, which may remain for up to 90
days, to prevent identity thieves from opening accounts in their names. The alert entitles
consumers to a second free report so they can check for unusual activity.
Consumers will be able to block information from being given to a credit bureau and from being
reported by a credit bureau if such information results from identity theft. In addition, no debt
may be turned over to a collection agency if it results from identity theft.
Special provisions protect active duty military personnel, by allowing them to place "Active Duty
Alerts" on their credit files, so creditors will know they have been deployed overseas and are not
shopping locally.
Prohibits companies from printing credit/debit card expiration dates or account number (other
than the last 5 digits) on electronically printed customer receipts.
Lenders must provide written notice to consumers if the terms of credit are higher than the
prevailing market interest rates.
Provides consumers with one-call-for-all protection by requiring credit bureaus to share consumer
calls on identity theft, including requested fraud alert blocking.
Requires creditors to take certain precautions before extending credit to consumers who have
placed fraud alerts in their files.
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THE FAIR CREDIT BILLING ACT (FCBA)
Consumer Rights 1
This federal law provides dispute settlement procedures for consumers who have billing issues related
to "open end" credit accounts, such as credit cards, and revolving charge accounts. It does not cover
installment contracts - loans or extensions of credit you repay on a fixed schedule. The FCBA
settlement procedures apply only to disputes about "billing errors," such as those listed below:
• Unauthorized charges. Federal law limits your responsibility for unauthorized charges to $50;
• Charges for goods and services you didn't accept or weren't delivered as agreed;
• Math errors;
• Failure to send bills to your current address - provided the creditor receives your change of
address, in writing, at least 20 days before the billing period ends; and
• Charges for which you ask for an explanation or written proof of purchase along with aclaimed
error or request for clarification.
Consumers are not responsible for paying the portion of their bill that is in dispute, but must continue
to pay all items not in dispute, including finance charges. The creditor may not take any legal or other
action to collect the disputed amount and related charges (including finance charges) during the
investigation. While your account cannot be closed or restricted, the disputed amount may be applied
against your credit limit.
The creditor may not threaten your credit rating or report you as delinquent while your bill is in
dispute. However, the creditor may report that you are challenging your bill. In addition, the Equal
Credit Opportunity Act prohibits creditors from discriminating against credit applicants who exercise
their rights, in good faith, under the FCBA. Simply put, you cannot be denied credit just because
you've disputed a bill.
• Write to the creditor at the address given for "billing inquiries," not the address for sending
your payments, and include your name, address, account number and a description of the billing
error.
• Send your letter so that it reaches the creditor within 60 days after the first bill containing
the error was mailed to you.
Send your letter by certified mail, return receipt requested, so you have proof of what the creditor
received. Include copies (not originals) of sales slips or other documents that support your position.
Keep a copy of your dispute letter. The creditor must acknowledge your complaint in writing within 30
days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute
within two billing cycles (but not more than 90 days) after receiving your letter.
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HOW TO OBTAIN YOUR FREE CREDIT REPORT
Consumer Rights 1
The FACT Act of 2003 mandated that the three major national credit-reporting bureaus establish a
website, a toll-free number and a mail address for consumers to request their credit report for free
every year. There are three ways you can request your report:
1. Go to the website www.annualcreditreport.com. MAKE SURE you type the address in correctly,
or you may end up at an imposter site set up by identity thieves.
a. Type the exact address of the free report site, INCLUDING the www (that is, type
www.annualcreditreport.com).
b. Verify that you are immediately redirected to the secure page:
https://www.annualcreditreport.com/cra/index.jsp is the redirect address.
c. Verify that the security lock is present in your browser.
d. On the data entry page (the first page you visit after you tell the site what state you live
in), verify that a "VeriSign security" symbol is present near the top right on the page. Click
on the certificate to ensure that it is indeed the certificate for
www.annualcreditreport.com.
3. To submit a request by mail, download the Annual Credit Report Request Form located at
www.annualcreditreport.com/cra/requestformfinal.pdf and mail it to:
Using any of these three methods, you may request a credit report from one, two or all three reporting
bureaus at the same time, but we advise staggering your requests over a year to create your own
version of a monitoring service. The law allows you to request a copy free every 12 months. If you
request the report via the website, the report will immediately be made available to you. If you
request it by either telephone or by mail, your report will be sent out to you, by mail, within 15 days.
To request your credit report, you will need to provide some information for identity verification
purposes, including your name, address, Social Security number and your date of birth. If you have
moved in the last two years, you will need to provide your previous address as well. In addition, each
of the bureaus may request their own verification questions that only you would know, such as your
monthly mortgage payment.
www.annualcreditreport.com is the only location authorized to give you your free annual credit report
from the three major credit bureaus. Information provided at this site will not be shared with any third
parties or used in further marketing or email. As a precaution, if you receive an email claiming to be
from the www.annualcreditport.com site, or the three bureaus, do not respond or click on any of the
links contained in the email. Instead, forward the email to [email protected]. Similarly, you should not
receive any calls from the website or the three bureaus requesting personal information. Stay alert and
protect yourself.
TIPS:
• Check your credit report once a year
• Never respond to junk mails for a "free credit report" or "free score"
• Never respond to unsolicited phone calls
• Opt out of pre-screened credit offers (call 888-5OPTOUT or visit www.optoutprescreen.com)
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2 Warning Signs of Debt Trouble
Many people go through debt issues and don’t realize that they are in debt trouble until their credit has
been affected. Debts don’t appear all of a sudden without warning. Like any other problem, consumers
should pay attention to the warning signs in order to deal with the issues early on. Take a minute to
Signs of Debt Trouble 2
review the list below to see if any of the situations apply to you.
• Do you argue with your spouse about bills?
• Is an increasing percentage of your income being used to pay off debts?
• Have you reached or are about to reach the limits on your credit cards?
• Are you only able to make minimum payments an all your revolving charge accounts?
• Are you extending repayment schedules – paying a bill in 60 to 90 days that you once paid in 30?
• Are you chronically late in paying bills?
• Are you borrowing to pay for items that you used to buy with cash?
• Are you putting off a trip to the doctor or dentist because you can’t afford it right now?
• If you were to lose your job, would you be in immediate financial difficulty?
• Do you know the total amount of all your debt, or are you afraid to add it all up?
If you can say yes to any of the above statements, be careful. Your debts have reached a dangerous level
and it is time to act now.
Get in contact with your creditors and explain your situation. Maybe you had a loss of employment,
illness or other family emergency that has made it difficult to keep up with your bills. Explain this
situation to your creditors.
Negotiate a Payment Plan. As surprising as it sounds, many creditors are willing to give you an
opportunity if you let them know that you are going through rough times. Ask them to accept a partial
payment this month or ask them to allow you to skip a payment so that you can get back on your feet.
• Follow the repayment plan to which you have agreed.
• Make your plan realistic. Don’t make false promises that you will be unable to keep.
• Keep continuous contact with your creditors until the problem is resolved.
• Remember, if you choose to become a Springboard client, we will do all of this for you!
Our clients have the added benefit of having to only make one payment a month to our agency. This
payment then gets distributed to all the creditors according to the agreed plan. In addition, almost all
creditors will stop collection attempts and many will reduce interest rates and eliminate late and over
limit fees. Why? Because your commitment with Springboard shows that you are a responsible person
with the desire to fulfill your obligations to repay your debts. Creditors obviously value these qualities in
their clients.
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But remember, Springboard can’t create a new credit report for you. However, we will help you learn
how to stay on top of your bills in order to improve your credit report and credit score. In fact, the
information that our clients receive through our counseling session and education programs will help in
preventing such a situation from occurring again.
Creditors report DMP participation to ensure the client does not take on more credit card debt, as they
want to make sure the client is taking steps to reduce their unsecured debt. Since creditors are
extending relief in the form of a reduced interest rate and waived late and/or over limit fees, they
will view new unsecured debt (with their competitor's credit cards) as a threat to the success of the
DMP. Fair Isaac Corp. (FICO) removed the DMP notation from their scoring calculation as they found
consumers enrolled in DMPs had no higher risk of defaulting on their credit card debt than non-DMP
consumers. Clients who attempt a mortgage loan while in a DMP would not have their FICO score
dampened because of the notation itself, but the mortgage broker and underwriter will usually request
an explanation when they spot the narrative. Some lenders will require the client to be un-enrolled
from their DMP so the narrative can be removed before passing the loan on to the underwriter.
Mortgage lenders who still view participation in a DMP the "same as a Chapter 13 bankruptcy" are old
fashioned, misinformed, and misguided.
Many types of account issues can be resolved through a settlement. Although you should check with a
Springboard counselor, the typical debts that may be satisfied include:
• Accounts in the process of collection
• Charged-off debt(s)
• Deficiency balances
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• Defaulted student loans
• Legal claims on property
• Defaulted second mortgages and home equity loans
• Judgments
Signs of Debt Trouble 2
• Business debts
One of the major differences is the status of your account(s). If you are being threatened with
litigation, or your account(s) are in the collection process, a settlement might make better sense. You
can quickly reduce your debts, and the collection process or legal action is halted.
There is also a difference in the amount of time it takes to resolve your financial issues. Unlike a DMP,
which can run three to five years, a settlement may be structured as a single payment or a short series
of payments. (Recent changes to bankruptcy laws may well have an wide-ranging effect on how future
settlements will be structured and the settlement terms.) Whether you decide on a DMP or a
settlement, Springboard counselors can help you find a plan that's right for you. As always, our
counselors are trained to help you find your way to financial freedom.
Lenders take a risk when they loan people money and bankruptcy rates have been very high over the
last 15 years. If your accounts are in delinquent status, your creditors are probably worried about the
possibility of your declaring bankruptcy. Rather than receive little or nothing through the bankruptcy
courts, they would prefer to accept a settlement to minimize their losses.
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©2005 Springboard
3 Take Control of Your Credit History
Rights and Responsibilities
In everyone’s life, there are always instances where credit is needed. From your first credit card to the
last mortgage payment and every account in between, all these make up your credit history. The
companies and people that give credit, such as banks, finance companies and other creditors, report
information about you. These creditors send information regularly about your accounts to credit
reporting bureaus that collect and archive this information. Your credit report can then be accessed by
other creditors or distributed to others that are authorized to receive such information.
Credit History 3
need to have a good credit history in order to get credit. What is good credit? Simply put, a person
with "good credit" has a well-established history of having paid their accounts on time.
You might ask yourself whether good credit is really important. Just take a minute to think about all of
the advantages:
• More employers are reviewing credit reports of prospective employees as part of their due
diligence functions and they look unfavorably on a negative credit report.
• Insurance companies review your credit report when you apply to insure your home and/or
car.
• Without good credit, it is very difficult to obtain a credit card, which is helpful if an
emergency arises. For example, if your car breaks down and needs repair but you don’t have
any cash, a credit card can help you pay for the repair and then allow you to pay off the card
later on.
• Many businesses prefer the use of credit cards. For example, without a credit card, it is
difficult to rent a car, pay for an airline ticket or even book a hotel room, or make purchases
online.
• Many employment fields, such as financial services, gaming, and law enforcement, continually
monitor their employees’ credit reports.
1. Identifying Information: Your name, current and previous address, telephone number, Social
Security number, date of birth, as well as current and previous employers.
2. Credit Information: Specific information about each account, such as the date the account was
opened, the credit limit or loan amount, the balance due, monthly payment and payment
history during the past several years. For open accounts,positive credit information remains on
the report indefinitely. Information on closed accounts and negative payment notations remain
up to seven years. The report also states whether a spouse or co-signer is responsible for
paying the account.
3. Public Record Information: Bankruptcy records, tax liens, monetary judgments, debts referred
to collection agencies and, in some states, overdue child support is noted on the credit report.
Bankruptcy information can remain on a consumer’s credit report for up to 10 years. Unpaid
tax liens can be reported indefinitely, and paid tax liens remain for seven years from the date
paid. Other public record information can remain for up seven years.
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4. Inquiries: The credit report also lists the names of those who obtained information from the
credit report for the past two years. Some types of inquiries, such as those that result when a
consumer requests a copy of his or her own report directly from the credit reporting agencies,
are not viewed by prospective creditors but are recorded and remain on the report from one to
two years. Consumers should be aware that when they request copies of their credit reports
from third party vendors, rather than directly from the credit reporting agency, the inquiry
often looks like a request for credit.
• Your spouse’s name, Social Security number, and your telephone number.
Credit History 3
• Other names or aliases that you may have used to obtain credit such as a maiden name.
The credit bureau’s business is credit reporting. What they do is collect information about consumers
from banks, savings and loan institutions, credit unions, finance companies and other businesses. This
information is stored in a database and when you apply for a new loan, the creditor orders information
on you from the bureaus. The credit bureaus don’t keep track or record the outcome of that credit
inquiry of your credit report.
Companies that use Future Service Contracts Information Not Related To Credit
Health Clubs and Gyms Property Taxes
Karate Schools Municipal Taxes (water, trash, etc.)
Dance Schools Traffic Tickets or Citations
Dating Services Parking Tickets or Citations
Landscaping Services Homeowners Association Fees
Time Share contracts Credit Repair Clinics
Mail Order or Online Music, Book or Movie Clubs
Magazine Subscriptions
Cell Phone Providers
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Low Credit Score: The information contained in a credit report is synthesized and combined using
a very complicated calculation method that results in a credit score. Often creditors will deny
applications based only on the score without looking at the individual elements in the calculation.
Incorrect Information: Your credit report may contain information belonging to another individual.
For example, if you are a Junior (Jr.) you may have your parent’s (Sr.) credit information in your
file. A regular credit report review is the best way of making sure that the information is accurate
and true.
Debt to Income Ratio: If the ratio of a consumer’s total monthly debts compared to his or her
total monthly income is too high, the creditor may decide against extending more credit to the
consumer because the lender feels the consumer may not be able to afford the payments. (Some
banks or lenders may illegally discount non-salary income in arriving at this ratio. However, the
Credit History 3
Equal Credit Opportunity Act requires creditors to consider as sources of income (1) earned
income; (2) Social Security: (3) child support: and (4) alimony.)
Delinquent Payment History: If the report contains a history of late payments or accounts that
were never paid, there is a very strong chance that a future application for credit will be denied.
Even making an inquiry about a car loan or mortgage can sometimes trigger a rate increase.
Information about universal default policies is often buried in the fine print of a credit application or
disclosure notice, and consumers don’t always know to look out for it. Banks are not legally required to
inform consumers when the default is applied, although there is a movement by several of the larger
institutions to inform consumers when the policy affects their accounts. Some offer cardholders the
option of not paying the increased rate, but if they take this option, they cannot continue to use their
cards.
• Be vigilant. Read the fine print before opening credit accounts, and pay special attention to the
provisions of universal default policies.
• Shop around for credit cards that don’t have this type of policy or whose increased rates are
acceptable, should the default be applied. Know your options.
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• Know your payment due dates, and ask to have them moved to a more convenient time if you
have trouble getting payments out to creditors.
• The best defense against universal default is making sure it doesn’t happen.
If a rate increase is applied under universal default, some banks will consider lowering the rate after a
cardholder has demonstrated regular, timely payments and/or the credit score improves. Be aware
than rates may not drop as low as the original interest on an account, even after good payment history.
Ask the creditor about timelines and circumstances for lowering rates once they have been raised.
Continue to monitor your credit report and dispute any errors that will affect your score.
Credit History 3
Inaccurate or Misleading Information: In some cases, negative items on a credit repot are inaccurate
or misleading. Clerical errors from furnishers, both inadvertent and deliberate, crossed or mixed files,
mistaken identities or fraud can cause such inaccuracies. The important thing to remember is that
these kinds of mistakes can and should be corrected.
Divorce or Death of a Spouse: These unfortunate situations usually mean a drastic reduction in
income, which can lead to financial disaster. Consumers who are experiencing such difficulties should
seek the advice of a financial counselor and may need the help of a lawyer.
Springboard is able to educate consumers on how to improve their credit history and build a better
credit record no matter what the causes of poor credit may be.
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4 Your Credit Report
Did you know that your credit history influences not only decisions for loans and credit cards but also
employment, purchasing or renting a home, and obtaining insurance? It all starts with knowing what is
currently on your credit report. We repeat: GET YOUR FREE CREDIT REPORT EACH YEAR. As mentioned
previously, under the Fair and Accurate Credit Transactions Act (FACTA), consumers have the right to
request a credit report by telephone, mail or Internet, free every 12 months from a centralized service
by the three major bureaus. This service is an important development in the history of the credit
reporting system in the United States, designed to empower consumers to gain control of their credit
lives. In addition, FACTA also required national specialty bureaus such as those that deal with medical
payment history, checking account information, employment history or insurance claims, to maintain a
toll-free number where consumers can obtain a report from them for free once per year.
Credit Reports 4
• Tri-merge/Merged Infile Report – is a credit report that combines all three bureau reports into
one report, with tradelines arranged so that the same accounts (as reported by the three
bureaus), can be viewed next to one another, and differences noted. Shows the source of credit
information accessed from each bureau.
• Residential Mortgage Credit Report (RMCR) – a generic trade name for a merged credit report.
• Credit Research Report – these come under various trade names. They utilize a flagging system
to identify indicators of mortgage fraud.
• Full Factual Report – refers to a RMCR and includes direct verification of employment and other
details. May go back further than seven years.
• Consumer Disclosure Report – what consumers receive when they request their own credit report
– will show everything as well as "soft" inquiries.
• You have been denied credit, insurance, housing, or employment within the previous 60 days.
• You have been a victim of identity theft and have reason to believe that information is incorrect
due to fraud.
• You are without employment and plan to apply for employment within the next 60 days.
• If a negative decision, in whole or in part, has been made in relation to the information that is in
your credit report.
• If your credit report has been modified due to an investigation that you requested.
• If you live in the following states where the law states that you have the right to a free credit
report: Colorado, Maine, Massachusetts, Maryland, New Jersey, Vermont and Georgia. (Georgia
residents have the right to receive two annual credit reports free.)
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CREDIT BUREAU CONTACT INFORMATION FOR ORDERING YOUR
REPORT
Below are the telephone numbers, mailing addresses and websites to request a credit report from the
three major credit-reporting bureaus. Note that addresses for disputes and fraud are different. There
are also special numbers listed for reporting fraud and identity theft. Remember, you can get a free
credit report once a year by going to www.annualcreditreport.com or by calling 877-322-8228.
Request them by mail by writing:
Equifax – www.equifax.com
To request your report call: 800-685-1111
Or write to: P.O. Box 740241, Atlanta, GA 30374-0241
To report fraud, call : 800-525-6285
AND write to: P.O. Box 740241, Atlanta, GA 30374-0241
If you are hearing impaired (TDD), call : 800-255-0056 and ask the
Credit Reports 4
Experian – www.experian.com
To request your report call : 800-EXPERIAN (800-397-3742)
Or write to: P.O. Box 2002, Allen, TX 75013
To report fraud, call: 888-Experian (888-397-3742)
AND write to: P.O. Box 9530, Allen, TX 75013
TDD: 1-800-553-7803
TransUnion – www.transunion.com
To request your report, call: 800-888-4213
Or write to: P.O. Box 1000, Chester, PA 19022
To report fraud, call 800-680-7289
AND write to: Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92634
TDD: 1-877-553-7803
www.myfico.com This is a website by the Fair Isaac Corporation that generates your true FICO score.
You can also purchase all of your credit reports by going to this site, along with your FICO Score
Report, a nifty tool that details what factors affected your score the most and how to improve it.
This is not free, however.
Please note that the websites, mailing addresses and phone numbers are subject to changes by
the credit reporting bureaus and other companies without notice.
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5 Disputing Inaccurate, Incomplete, or Outdated Data on
Your Credit Report
Dynamics of Disputing Inaccurate Information on Your Credit Report
The credit reporting system has undergone significant change in recent years. Certain events and
trends have changed how and to whom consumers should direct their disputes. For example, the
passage of FACTA gave consumers more clout with data furnishers and many situations, such as those
involving junk debt buyers, necessitate disputing directly with these entities instead of just sending
letters to the credit bureaus.
In August 2004 the Federal Reserve Board released a comprehensive study on data quality issues in
consumers’ credit files. Their study, "Credit Report Accuracy and Access to Credit," can be accessed at
http://www.federalreserve.gov/pubs/bulletin/2004/summer04_credit.pdf. Errors can be either
inadvertent or deliberate. The FRB study identifies many examples of errors, including :
• Inconsistent and duplicative reporting of public record items and collection accounts.
• Redundant reporting of these items magnifies their negative impact. Examples of this include
open charge-offs that have not been updated as having been discharged through bankruptcy, or
that have been sold, transferred or even paid off by the debtor but are still being reported by the
original agent.
Examples of deliberate manipulations on the part of credit grantors and collection agencies include:
• Not reporting credit limits on tradelines. This raises the utilization factor since scoring models
typically substitute the highest reported balance on the account for the missing credit limit, often
Credit Disputes 5
making the consumer appear to have maxed out their tradeline even if the consumer isn’t
anywhere near their (non-reported) credit limit on the account. Thus, a credit score is lowered by
this practice. The problem of non-reported credit limits is most severe. The recent FRB study
analyzed 301,000 consumer credit files and found that 46% of all consumers in the sample were
missing at least one credit limit on their national credit reports.
• Showing a closed-end account as open-ended or revolving in order to raise the utilization factor,
thus lowering the score.
• Withholding of credit reporting by some lenders for competitive advantage. Sub-prime lenders in
particular exhibit this practice. This prevents consumers from receiving credit that's due them for
good payment history.
• Intentional mis-reporting of out-of-statute debts in order to force settlement. This has become a
significant problem with the rise of the junk debt buying industry, and reports of FCRA violations
on the part of these players are widespread.
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BASICS OF DISPUTING ERRONEOUS OR STALE ITEMS IN YOUR CREDIT
REPORT
1. Dispute Outdated or Incorrect Information
A careful review of a credit report may reveal incorrect, incomplete, or outdated information.
Most negative notations cannot be more than seven years old. Bankruptcy notations may remain
on the report for up to 10 years. Sometimes consumers need to dispute outdated or incomplete
information or information that they believe is inaccurate. The FACT Act provided consumers with
important rights with regards to disputing obsolete accounts and the handling of errors.
All incorrect, incomplete, or outdated information can be disputed. Be succinct in stating what
your desired result is and provide documentation. Mail everything certified mail, return receipt
requested. Disputes can be filed easily over the Internet; however, the conventional wisdom is
that mailed disputes are the most effective and that certified mail should be used. If the
information is outdated, it should be promptly removed. For information that the consumer
believes is inaccurate or incomplete, the credit bureau has 30 days to verify the information with
the creditor to ensure that it is correct. If the creditor cannot document the truthfulness of the
disputed information, it must be deleted from the credit report.
It is often necessary to dispute the same item with all credit reporting agencies that have
recorded the negative notation. Credit bureaus do not communicate or share information and
making a correction on one report does not mean the correction will appear on the report of a
different bureau.
negative credit. Sometimes asking the prospective creditor to review the report and read the
statement can reverse their decision, but the creditor is not obligated to ignore the negative
notation because of a consumer statement.
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7. Apply for Unsecured Credit
It is much easier to get a credit card from a department store than it is to get a card from a
national creditor, if you explain to the local store the reason for the previous poor credit and
demonstrate that you are now financially responsible.
WHAT IS E-OSCAR?
The Consumer Data Industry Association (CDIA), in cooperation with Equifax, Experian, Innovis and
TransUnion, formed E-OSCAR (Online Solution for Complete and Accurate Reporting). The system is an
online mechanism for data furnishers and credit bureaus to process out of cycle updates on consumer
disputes.
Credit Disputes 5
in default when they purchased it. A junk debt buyer may also be in the contingency collection
business OR he may contract with a contingency agency. Junk debt buyers are a multi-billion dollar
industry and are responsible for a large number of debt collection and credit reporting violations of
law. Sellers of junk debt include cell phone companies, utilities, medical companies, card issuers, and
many other types of businesses.
Junk debt buyers will immediately sting a consumer’s credit report in order to force a settlement,
often misrepresenting the debt as more recent than it really is. Another tactic is to report the debt as
revolving, which is not only inaccurate, but also causes the score to further decrease since the
utilization factor calculates higher than it should. If the consumer goes along and settles the debt, this
has the perverse impact of causing the credit score to plummet even further, since activity has been
updated to the current time period. Credit bureaus cooperate with junk debt buyers to sell them their
prescreened credit offer lists of names for comparison to their bad debt accounts. Junk debt collecting
is a settlement-driven business and the consumer is brought to the table by aggressive and often illegal
credit reporting tactics, often in contravention of the Fair Credit Reporting Act and Fair Debt
Collection Practices Act. There have been a few high-profile FTC actions against abusive junk debt
buyers who prey upon consumers to collect expired debts or even debts that they know don’t belong to
a consumer.
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FICO score to drop dramatically since the scoring model interprets the re-age as a more recent
default. Junk debt buyers press for payment of some amount to bring the debt back under the
statue of limitations, after which they can sue you and have a chance of winning. Note that state
statute of limitations (SOL) for collections are different from FCRA statues of limitations for
reporting.
• Misreporting the legal status (e.g., an open charge-off that was actually discharged in
bankruptcy).
• Various state Penal Code violations (e.g., in California, consumers must be notified if their calls
are being monitored or recorded).
• Multiple listings of the same debt. Junk debt buyers are often responsible for multiple reporting
of the same debt as these change hands among buyers and sellers. Usually, these same debts are
reported by the original creditor as well.
It does not improve your credit score to settle an old debt unless the item is completely deleted
from your credit report (not just reported as "paid in full"). It makes the situation worse since
the delinquency/charge-off will now be reported as more recent! Or, if it is in your best interest
to settle, the second best option is if the collector agrees NOT to update the credit record at all.
Get all agreements in writing.
Internet Forums and Resources:
www.artofcredit.com
http://consumers.creditnet.com/straightalk/board/
www.collectionindustry.com (here’s where to learn how debt collectors think)
www.creditwrench.com
www.debtconnection.com (an industry clearinghouse for junk debt buyers)
Credit Disputes 5
Yahoo, AOL and other internet portals have various credit and debt message boards and forums.
What to do:
• Don’t assume you are wrong – assume instead that your rights are being violated.
• Keep all letters, account statements, and court records (even from years ago).
• Do not provide the collection agency/junk debt buyer with updated personal information. Never
acknowledge a debt with a collector or agree to any payment until the agency validates the debt
(provides proof that you are indeed the party they are asking to pay the debt, and that there is
some contractual obligation that is binding on you to pay this debt). Past billing statements are
not proof.
• Don’t accept credit card offers that come with an offer for settlement or request a payment in
any other way.
• Monitor your own credit report – call 877-322-8228 to get your free annual credit report. You can
also go to www.annualcreditreport.com. BEWARE of emails from ID thieves who are "phishing" to
trick you out of your personal information. Be alert to the practice of "pharming" via imposter
websites that are set up to mimic real financial institutions and other businesses in order to steal
your identity.
• Contact an attorney who specializes in lawsuits for FCRA and FDCPA violations.
• Do not submit a "100 word statement" of explanation regarding a JDB to the credit bureaus as
these may serve to validate what is in the report, which could be inaccurate or incomplete.
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• Mail everything certified mail, return receipt requested, and keep the return receipts (green
cards) as proof of their receipt of your letter.
Credit Disputes 5
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6 What Is a FICO or Credit Score?
There are many types of proprietary credit scores. Fair Isaac Corporation developed the most widely
used scoring algorithm (model). It is a general risk score (some call it a rating) that indicates the
probability of default. The higher the FICO score, the lower the risk. Creditors have different pricing
tiers based on the score level. The number is the result of a complicated calculation based on the data
in your credit report. The FICO score ranges from 300-850; other scoring models use different ranges.
TransUnion and Experian have their own scores. TransUnion’s is called "Empirica" and Experian’s is
called "PLUS Score," but these are not true FICOs (some call them "FAKO’s"). Equifax uses the true FICO
score, privately labeled as "Beacon."
You need three things in order to have a score created on your credit file: (1) at least one account that
is 6 months or older; (2) reported activity in the last 6 months: and (3) no deceased indicators, which
means no messages stating "Social Security number reported as deceased."
Your credit score is based on five factors. These factors and their percentage impact on the score’s
calculation are as follows:
• Gender, race, religion, occupation, whether the consumer is a homeowner, time lived in a home,
zip code or even income level (and credit reports do not show anybody’s income).
• "Promotional" and "Account Review" inquiries (Account Review inquiries are the periodic checks
done by your current creditors – usually card issuers – to see how you are doing).
• Accounts that are noted as being "under dispute": for example, you question a charge on your
credit card billing statement. The creditor should report your account as being under dispute.
Keep in mind that this may take an otherwise helpful tradeline out of the scoring mix.
Credit Scores 6
• Participation in a debt management plan (this may be reported by your creditor, but the scoring
model does not factor it into your score).
• Newer FICO scoring models will ignore an open revolving tradeline if the credit limit is missing.
RATE SHOPPING
Multiple lenders may request your credit report when you are shopping for a mortgage or an auto loan,
even though you’re only looking for one loan. FICO counts multiple auto or mortgage inquiries in any
14-day period as just one inquiry so that you are not penalized. Further, FICO disregards all mortgage
and auto inquiries made in the 30 days prior to scoring. What this means is if you find a loan within 30
days, your score won’t be affected while you're rate shopping.
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HOW TO IMPROVE YOUR FICO SCORE
All of us have the ability to improve our credit scores. Below are some general tips for improving credit
scores:
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7 Collection Agencies and Credit Repair Clinics
No one ever plans to get into financial hot water. But when you stop making your debt payments, you
can bet that it is only a matter of time before you start getting collection letters and are introduced to
the world of debt collection. What can you do? You need to know your rights. You have rights under the
Fair Debt Collection Practices Act.
Consumers who are being harassed by a debt collector have the right to tell the debt collector(s) to
leave them alone. Consumers must make this demand in writing, but once the demand is made,
according to the FDCPA the debt collector must then stop all communications, except to advise the
consumer that:
Multiple lenders may request your credit report when you are shopping for a mortgage or an auto loan,
even though you’re only looking for one loan. FICO counts multiple auto or mortgage inquiries in any
14-day period as just one inquiry so that you are not penalized. Further, FICO disregards all mortgage
and auto inquiries made in the 30 days prior to scoring. What this means is if you find a loan within 30
days, your score won’t be affected while you're rate shopping.
A request for cessation of communication does not mean that the collection account will go away.
Depending on the terms of the agreement with the creditor, there will usually be a continuation of the
collection efforts through legal means. However, the harassing phone calls and letters should stop.
If collectors persist in contacting you, file a complaint with the Federal Trade Commission. A complaint
can be filed in writing, by phone or on the Internet.
1-877-FTC-HELP (387-4357)
www.ftc.gov
The Fair Debt Collection Practices Act also prohibits a number of other unfair actions by debt
collectors:
• If the consumer has an attorney, debt collectors may not contact the consumer directly. They
must work with the attorney.
• Debt collectors cannot contact third parties, with the exception of the debtor’s attorney or a
credit bureau, except to locate the debtor. If an agent contacts any other third person, they must
state their name and can state only that they are confirming or correcting location information.
• In all communications, bill collectors from a collection agency must state that they are trying to
collect a debt and that any information gained will be used for that purpose.
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• Debt collectors cannot contact consumers at unusual or inconvenient times or places before 8
a.m. or after 9 p.m.
• Debt collectors may not contact consumers at work if they know that the employer prohibits
collection calls at work.
• Debt collectors may not make violent threats against a debtor or another person.
• They may not threaten damage to the reputation or property of the debtor or another person.
• They may not publish a debtor’s name on a "deadbeat" list, as a person who doesn’t pay bills.
• They may not list the debt for sale to the public.
• They may not call the debtor or any other person repeatedly without identifying themselves as a
debt collector.
• Debt collectors may not lie by claiming to be law enforcement officers or suggest they are
connected with any government agency, or that they are an attorney.
• They cannot communicate false credit information such as failing to report that a debt is in
dispute.
• They cannot send a debtor a document that looks as though it is from a government agency, a
court or an attorney.
• A debt collector cannot claim to be employed by a credit bureau if they are not. They cannot
claim to be taking a survey or casting for a movie or television show. They cannot claim that the
debtor has won a prepaid package or that money or a valuable gift will be sent if the debtor
discloses certain information.
• Debt collectors cannot add interest, fees or charges not authorized in the original agreement.
• They cannot accept a check post-dated by more than five days unless they notify the debtor three
to ten days in advance of when it will be deposited. They cannot deposit a post-dated check prior
to the date of the check.
Collections/Credit Repair 7
• They cannot solicit a post-dated check by threatening criminal prosecution.
• They cannot call consumers "collect" or otherwise cause consumers to incur communications
charges.
• They cannot threaten to seize or repossess property if they have no right or intention of doing so.
• They cannot communicate by postcard or put any words or symbols on the outside of an envelope
that indicate they are trying to collect a debt.
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It is best to communicate in writing and send mail certified with a return receipt requested. Upon
receipt of the consumer’s letter of dispute, the collection agency must cease collection activity until
they have verified the debt or provided the consumer with the name and address of the original
creditor.
The important thing to remember is that credit repair companies cannot make all of your past credit
mistakes magically disappear from your reports. Many try to sell you on a fraudulent repair technique
called "file segregation", or practice frivolous bombardment with multiple disputes to the bureaus.
Multiple disputes may be warranted, but this method can be ineffective. Disputing directly with the
data furnisher can be more effective.
FRIVOLOUS BOMBARDMENT
The Fair Credit Reporting Act of 1971 mandates that credit bureaus be given a period of 30 days in
which to investigate consumer credit report disputes. If disputes are not settled within the 30 days,
the credit bureau is then obligated to eliminate the item. In the past, credit repair companies have
used this time limitation to their advantage by bombarding the credit bureaus with disputes that were
too numerous to handle in the allotted time. FACTA provides for the first time the right for consumers
Collections/Credit Repair 7
to dispute directly with the data furnishers themselves about inaccuracies on their personal credit
report and get a response in a timely fashion.
File Segregation
Another technique favored by credit repair clinics is file segregation. Here, the credit repair clinic
encourages its clients to apply for a new Social Security number, Employer Identification Number (EIN)
or Bank Identification number in order to start a new credit history. The problem with this method is
that it is a federal crime to misrepresent your Social Security number or obtain an EIN from the IRS
under false pretenses. In addition, people who change their Social Security numbers could be cheating
themselves out of future Social Security benefits. Promoters of these file segregation scams have been
arrested for numerous charges, including conspiracy to defraud the government. In other words, stay
away from this illegal and potentially damaging credit repair scam.
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THE LAW PROTECTS YOU FROM UNETHICAL CREDIT REPAIR
In 1996, Congress passed the Credit Repair Organizations Act (CROA), which imposed strict regulations
on credit service organizations and the credit repair industry. The purpose of the law is to provide
prospective buyers of credit repair services with the information necessary to make intelligent
decisions regarding the purchase of those services and to protect the public from unfair or deceptive
advertising and business practices. The law was well intended but it has had the effect of driving the
credit repair industry underground, where it currently thrives in various business models, especially on
the Internet and in the back offices of mortgage lenders. Note that attorneys are legally able to
conduct credit repair and there are some large law firms pursuing this business. It thrives because of
the public’s huge appetite - and valid need – for credit report correction assistance and because it’s
ideally suited for a home-based business. Despite the proliferation of credit repair operators on the
Internet, pricing for this service seems to remain strong - in the several hundred-dollar range - while
barriers to entry in this business are low.
The law defines a credits repair organization as a person or company which, in return for the payment
of money or any other valuable consideration, offers to provide or perform any service, or provide any
advice or assistance which would improve a consumers’ credit record, history, or rating, or obtain a
loan or other extension of credit. Although this definition encompasses many organizations, it does
have some notable exemptions such as attorneys, chartered or licensed loan makers, banks and savings
institutions, and non-profit organizations such as Springboard.
A well intended but onerous consumer protection that was built into CROA is the rule that prohibits
credit repair organizations from charging you money up-front for their services. In the past, credit
repair organizations commonly required a large payment in advance, usually several hundred dollars,
before performing any service. This rule is widely disregarded, however.
• Refrain from engaging directly or indirectly in any act, practice, or course of business that would
operate as a fraud or deception upon any persons in connection with services.
• Provide complete and detailed written description of the services to be performed and the total
amount the buyer will have to pay.
• Refrain from charging or receiving any money or consideration prior to the full and complete
performance of the service.
• Provide clients with a complete and accurate statement of the availability of non-profit credit
Collections/Credit Repair 7
counseling services.
• Print a statement in at least 10 point boldface type stating, "You have a right to sue a credit
services organization if it misleads you."
• Register and receive a certificate of registration from the Attorney General’s Office before doing
business in California.
• Post a bond of $100,000 and maintain that bond for two years after the organization ceases to do
business. Also, disclose in writing the consumer’s right to proceed against the bond and provide
the name and addresses of the surely company which issued the bond.
• Maintain copies of personally signed contracts in the business’ for two years.
• Harmed credit reporting agencies may bring an action for damages or injunctive relief, or both.
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8 Identity Theft
You paid your bills on time. Your credit report was spotless. Then you began getting phone calls from
lenders and collection agencies who wanted you to pay up on a slew of past-due credit accounts you
never opened. Your bank thinks you are a bad credit risk and has refused to refinance your home
mortgage. The Internal Revenue Service says you owe taxes on income you have never seen.
How could all of this have happened without your knowledge? You are the victim of identity theft, a
crime that defrauds more than a thousand people a day. An employee in an office where you had
once gotten an X-ray stole your name and Social Security number from medical files. With this
information, the thief was able to open credit lines worth over ten thousand dollars, rent
apartments, sign up for utilities, and even earn income in your name. It will take years to get the
credit industry to straighten out your files, during which time the thief will most likely continue to
use your name and creditors will continue to harass you.
Once thieves have a name, getting the Social Security number is a breeze. According to authorities,
identity theft rings sometimes pay low-level employees of the Social Security Administration or
Internal Revenue Service to get the numbers. Several states use Social Security numbers as driver’s
license numbers and since driving records are public documents, the number is then easy to obtain.
Schools, medical and health businesses and the IRS use Social Security numbers as personal
identifiers. For example, if your wallet is stolen your Social Security number is likely there, on your
health-insurance card.
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Credit bureaus and other data providers can unwittingly provide identity thieves with Social Security
numbers by allowing them access to their databases. Legitimate companies often buy this type of
access from the credit bureaus in order to determine potential customers. However, sale of such
information by credit reporting agencies is not regulated by federal law and is, therefore, susceptible
to fraud.
Several documents containing your Social Security number are also likely to show up in any month’s
mail. By filing a temporary change of address form with the post office in your name, an identity thief
can divert mail to his or her mail drop for up to 30 days. It resumes at your address before you catch
on. Your mail may also contain several of the 2.7 billion credit solicitations and pre-approved card
offers sent out each year which makes the next step, opening new accounts in your name, that much
easier.
• Use "opt out." Block the credit bureaus from selling your name to lenders who want to send out
pre-approved credit solicitations via www.optoutprescreen.com. These solicitations can easily be
stolen by identity thieves and used to steal your identity.
• Use an "Alert" or "Freeze." If you think your privacy may have been compromised, go to the
bureau websites or call and have an alert placed on your file. An alert is not as drastic as a
freeze, and placing the alert will always trigger another free report being sent to you. In
California, you are allowed to have a security freeze placed on your credit report, meaning your
credit report is locked and nobody can access it unless you contact the bureaus with a security
code. If somebody tries to access your locked accounts, the bureaus will have to notify you.
• Pay attention to change of address notifications. The U.S. Postal Service recently modified
change-of-address procedures to thwart identity thieves. Now, after a post office receives a
change-of-address request, it sends a confirmation letter to the old address. If you receive such a
notice and did not file for the change, contact your local post office immediately.
• Get an unlisted phone number. Identity thieves often choose their victims out of the phone book
by looking for addresses in affluent neighborhoods or towns. If you must be listed in the phone
book, consider listing only your name and phone number (no address) and do not attach "Dr.",
"Atty.", or other monikers announcing you’re an affluent professional.
• Request a new driver’s license number. If you live in a state that uses your Social Security number
as your driver ID number, ask your department of motor vehicles for a different number.
• Do not provide personal information when writing a check. Retailers often try to write your credit
card, driver’s license, phone, or Social Security number on your personal check to identify you. To
avoid identity theft, do not give them this information unless absolutely necessary or pay with a
national-brand check card, which debits your account for purchases without paper checks.
• Handle your credit card accounts with care. Close all unused accounts. Keep a copy of all credit-
card numbers, expiration dates, lines of credit and company phone numbers for the fraud and
customer-service departments in your personal files at home. Never leave credit card or ATM
receipts behind, and don’t toss them in a public trash can. Buy a shredder and always rip them up
Identity Theft 8
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IF YOUR IDENTITY IS STOLEN
1. Start keeping records. At the first sign of fraud, begin a log of dates and time spent solving this
problem; take notes on every phone conversation, including the date; keep copies of every
document you create, send out and receive; and get names, titles, and phone numbers of everyone you
talk to. Also, everything you send by mail should be sent certified with a return receipt requested.
2. Call and write the big three credit reporting agencies’ fraud departments. Your notification will
automatically cause a copy of your credit report to be mailed to you – this is required by FACTA.
Dispute the fraudulent information and tell the credit bureaus to remove it. Also, demand a fraud alert
for your file, and ask to include a statement about the fraud, in which you tell creditors to call you at
a phone number you provide to verity all future applications. Contact information is listed below.
3. Call and file a report with your local police, or with the police department where the ID theft has
occurred. Get a copy of the police report and file it with your documents. The credit companies
and financial institutions may ask for a copy of the police report to verify the crime. Keep your
detective’s phone number so you can give it to your creditors and other people that may require it to
verify the case. Also, call and write law enforcement authorities, report the fraud to the U.S. Secret
Service and the FBI (if a bank is involved) and the U.S. Postal Inspector. You’re doing this largely for
the record. Don’t expect the credit card companies to take action unless the dollar losses exceed
$50,000.
4. Call and write all the creditors that are on your credit report. Alert all credit card companies,
department stores and other creditors about the fraud (use the addresses listed on the back of
your monthly statement or in your written agreement with the creditor in order to be protected by the
Fair Credit Billing Act). For every account that was fraudulently accessed or opened, contact the billing
inquiries and security departments of that financial institution or credit company. Close these accounts
and all other accounts that you have even if they have not been accessed by the thief. Get
replacement cards and new account numbers for all your legitimate accounts. Use passwords, (do not
use your mother’s maiden name), to open your new accounts and confirm your contact in writing.
Request that your old accounts be processed as "account closed by consumer request." Having a
reference in your credit report as "card lost or stolen" could be interpreted that you were responsible
for the loss. Demand that all inaccurate information that appears on your credit report be removed.
Closely monitor your mail and credit card bills and immediately report any fraudulent activity to your
creditors.
5. As a victim of identity theft you can get a free copy of your credit report; review all information
for any new activity at least every two months. Ask the credit bureaus for names and phone
numbers of the creditors with whom the fraudulent accounts were opened. Ask the credit bureaus to
remove inquiries that have been generated due to the fraudulent access. Under state law (California
Civil Code 1785.16(k)), a consumer submitting a valid police report can have the credit-reporting
agency block the reporting of any information that the consumer alleges appears on the credit report
as a result of identity theft. You also may want to ask the credit bureaus to notify those who have
received your credit report in the last six months in order to alert them to the disputed and erroneous
Identity Theft 8
information.
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6. Contest bills that result from identity theft. Consumer and privacy advocates suggest not paying
any portion of a bill that is a result of identity theft and NOT filing for bankruptcy. This will
involve disputing credit card charges with the card company by writing to the address for billing error
disputes – not the bill payment address. You should follow the directions given by the credit card
company for disputing charges. The company must provide this information. Your credit rating should
not be permanently affected, and no legal action should be taken against you as a result of identity
theft. If any merchant, financial institution or collection agency suggests otherwise, simply restate
your willingness to cooperate, but don’t allow yourself to be coerced into paying fraudulent bills.
Report such attempts to government regulators immediately.
7. If a loan, credit or utility service account has been opened fraudulently in your name, you now
can obtain a copy of the application used and a record of transactions or charges associated with
that account. The information you learn may be useful in determining what personal identifying
information was stolen, help clear your good name and credit, and even lead to the identity of the
thief.
California has the most advanced privacy and identity theft laws in the country. Here’s a checklist for
accessing account information under California Penal Code section 530.8:
• File a police report stating that you believe you are a victim of identity theft. Keep a copy of the
police report.
• Fill out the request forms provided by the law enforcement agency or use the Fraudulent Account
Information Request Form found at:www.privacy.ca.gov/lawenforcement/leinstructions530.8.htm.
• Send complete package (Info Request/ID Theft Affidavit/police report) to each creditor where the
thief opened an account using your stolen identity.
• Provide account information you receive to the police officer investigating your ID theft case.
8. You could face false civil and criminal judgments as a result of identity theft. Sometimes victims
of identity theft are wrongly accused of crimes committed by the identity thief. If a civil
judgment has been entered in your name for actions taken or debts incurred by your impostor, contact
the court where the judgment was entered and report that you are a victim of identity theft. If you
are wrongfully prosecuted for criminal charges, contact the state Department of Justice and the FBI
and obtain information on how to clear your name. In September of 2001 the California Department of
Justice established a statewide database that provides certain information about identity theft crimes
to victims and law enforcement agencies.
9. Review and correct any other identity violation. Review all your accounts, any change of address
request and all new accounts opened in your name in the following institutions/agencies:
• Notify your state Department of Motor Vehicles of misuse of driver’s license number. You may
need to change your driver’s license number if someone is using yours as identification on bad
checks. Call the DMV to see if another license was issued in your name. Put a fraud alert on your
license. Go to your local DMV to request a new number. Also, fill out the DMV’s complaint form to
begin the fraud investigation process. Send supporting documents with the completed form to the
nearest DMV investigation office. California website: www.dmv.ca.gov.
Identity Theft 8
• Report stolen checks and stop payment immediately. If you have had checks stolen or bank
accounts set up fraudulently, report it to the appropriate check verification companies. Put stop
payments on any outstanding checks that you are unsure of. Cancel your checking and savings
accounts and obtain new account numbers. Give the bank a secret password for your account (not
your mother’s maiden name!). If your own checks are rejected at stores where you shop, contact
the check verification company that the merchant uses. To report fraudulent use of your checks:
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• Telecheck: 800-710-9898
• Chexsystems: 800-428-9623
• CrossCheck: 800-843-0760
• International Check Services: 800-631-9656
• SCAN: 800-262-7771
• Certegy: 800-437-5120
• Report stolen ATM cards and change passwords immediately. Get a new ATM card, account number
and password. When creating a password, don’t use common numbers like the last four digits of
your SSN or your birth date. Monitor your account statement. You may be liable if fraud is not
reported quickly.
• For suspected fraudulent change of address, notify your local postal inspector. Call the U.S. Post
Office at 800-275-8777 to obtain the local phone number. Find out where fraudulent credit cards
were sent. Notify the local Postmaster for that address to forward all mail in your name to our
own address. You may also need to talk with the mail carrier. Web address:
www.usps.gov/websites/depart/inspect.
• Report misuse of Social Security number by calling the Social Security Administration. Order a
copy of your Personal Earnings and Benefits Statement and check it for accuracy. The thief might
be using your SSN for employment purposes. If you fit specific fraud victim criteria, the Social
Security Administration may change your Social Security number. Report fraud: 800-269-0271. To
order your Personal Earning and Benefits Statement: call 800-772-1213, or access online:
www.ssa.gov.
• For suspected misuse, cancel long distance calling card accounts. If your long distance calling
card has been stolen or you discover fraudulent charges, cancel the account and open a new one.
Provide a password that must be used any time the account is changed.
• For missing or fraudulent passports, notify the U.S. State Department. Whether you have a
passport or not, write the passport office to alert them to anyone ordering a passport
fraudulently.
• Seek legal advice. You may want to consult a lawyer to determine legal action to take against
creditors and/or credit bureaus if they are not cooperative in removing fraudulent entries from
your credit report or if negligence is a factor. Call the local Bar Association or Legal Aid office to
find an attorney who specializes in consumer law, the Fair Credit Reporting Act and the Fair
Credit Billing Act.
www.privacy.ca.gov/recommendations/secbreach.pdf
www.idtheftcenter.org (also serves as a clearinghouse for excellent resources for ID theft victims)
www.antiphishing.org (dedicated to Internet fraud)
www.consumer.gov/idtheft
Identity Theft 8
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Practical Advice for Your Checking and Debit Accounts
Checking/Debt Accounts 9
9
YOUR CHECKING/DEBIT HISTORY
Having a checking account is a privilege, not a right. That’s why it’s important to maintain your
account responsibly. If you don’t have a checking account, you may be susceptible to the high fees of
check cashing businesses and payday lenders as well as be subject to the risks of always carrying
around cash. Some low cost or free bank accounts only have access via an ATM card. Just as your credit
history is important to obtain credit, your checking/debit history is important to your current and
prospective financial institutions in order to evaluate your ability to manage your deposit accounts
responsibly. Your checking/debit history may also be reviewed by credit issuers to make decisions about
lending when you have little to no credit history.
• Your bank or credit union could charge you an overdraft fee, typically around $25.00 per check.
• The place you wrote the check to could also charge you a fee.
• The place you wrote the check to could refuse to take any more checks.
• Your name and account information could be reported to a "debit bureau" such as Telecheck,
ChexSystems, or SCAN where it would be placed on a bad check writers list.
• Other banks could refuse to open a checking account for you for some time.
1. Review your monthly bank statement. Make sure that neither you nor the bank have made any
errors. Check off everything recorded in your checkbook by comparing it to the details on your
bank statement. Check off everything that matches. Then, if you have forgotten to log something
in your checkbook, now is the time to do it.
2. Take advantage of technology. You don’t have to wait for the monthly statement to arrive to find
out what is going on with your account. Many banks have 800 numbers you can call to find out
your balance, what checks have cleared and the fees you have been charged. Balance inquiries
can also be made at ATMs, and you should be able to access account information over the
Internet.
3. Keep up with fees. Reading the inserts that come with your account statement can help you keep
on top of changes in bank charges.
4. Record fees and all transactions immediately. If you have a debit card, it takes more discipline
to keep up with what you are spending. Keep your receipts in one place. Put them between the
pages in your check register or in a designated envelope, and then update your checkbook every
few days.
5. Choose an overseer of your joint account. Somebody needs to do it. Try to agree on where you
will keep receipts and what checks will be written each month.
6. Get checks with carbon copies. A good way to keep track if you write a lot of checks.
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Checking/Debt Accounts 9
7. Use overdraft protection. Some banks give you the option of linking your checking account to
another account, such as savings, and will automatically make the transfer if you don’t have
enough money to cover a transaction.
8. Go with direct deposit. Having your paycheck or federal payments such as Social Security
deposited electronically avoids mail delays and lost or stolen checks – all of which can help you
avoid bounced checks.
Problems
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10 CHECKING ACCOUNT, INSURANCE, RENTER, AND
MEDICAL "CREDIT BUREAUS"
Before applying for a job, before buying new homeowner’s or car insurance, opening a new checking
account, before applying for private health or life insurance, or before renting an apartment, you
should be aware that a "specialty" report may be pulled on you. FACTA now gives all of us the right to
obtain these reports directly from nationwide specialty bureaus and to dispute errors in them, just
like with regular credit reports. There are three major specialty companies that report on check
writing history (have your driver’s license number and checkbook handy).
ChexSystems is a nationwide specialty consumer reporting agency that collects and maintains
information from member financial institutions such as banks and credit unions. If a bank closes your
checking account because of insufficient funds, for example, it will make a report to ChexSystems that
Shared Check Authorization Network (SCAN) is owned by Deposit Payment Protection Services (DPPS).
It maintains a database of returned checks and instances of fraud. It provides check authorization and
verification to its members, primarily retailers.
Toll-free number: (800) 262-7771 (U.S., Guam, and Puerto Rico) Fax: (800) 358-4506
Web: www.consumerdebit.com/consumerinfo/us/en/consumerreports/index.htm
To Order by Mail: Print and complete the order form from the www.consumerdebit.com website and
mail to:
To Order by FAX:
Fax the order form to 800-358-4506
TeleCheck also maintains a database of returned checks and instances of fraud. It provides check
authorization and verification to member retailers. Toll-free number: (800) TELECHECK (800-835-3243
not necessary to dial last 2 digits). Web: www.telecheck.com.
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11 Predatory Lending and Other Scams
Don’t be lured by what seems to be a favorable deal but which may be predatory lending. In these
cases, the lender takes advantage of people by charging high interest rates and excessive fees (without
verifying the person’s capability to pay back the loan), doing repeated refinancing, or requiring balloon
payments that the person cannot pay. These predatory lenders frequently seek out desperate
consumers with little understanding of credit who are the sole homeowners and have low income.
These lenders give loans to people who usually will not be able to finish paying the debt.
ILLEGAL PRACTICES
It is not illegal to loan money at a higher interest rate than normal to people who have bad credit,
although in certain states interest rates have a limit to avoid unfairness. The Truth in Lending Act
states that the lending companies have to inform the loan applicant in advance of all the terms and
costs of the loan, including the annual interest rate (APR). If you are considering refinancing your
house, federal law gives you three days to cancel the loan after signing the refinancing papers, a loan
on home equity or to purchase an additional home. This is your "right of refusal." Within 20 days of
cancellation you should receive a full refund of the money you paid out. The law also offers further
protection against higher interest rates or fees if the loan is a refinance, an equity loan, or second
mortgage. This law includes loans with interest rates of at least 10 points more than that of the
Treasury index with the same expiration time.
Stop mortgage fraud (www.stopmortgagefraud.com) is a web page sponsored by the Mortgage Bankers
Association. It has information on how to know when you have been a victim of abusive lending and
gives advice as to where you can present a complaint if this has happened to you.
Currency Comptroller
(For federal law violations on loans and processes and real estate agreements) consumer assistance line
800-613-6743, can also be reached at www.occ.treas.gov.
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Federal Reserve Board of Governors of the Federal Reserve System, consumer claims
202-452-3693; web page: www.federalreserve.gov/pubs/complaints.
In most cases, victims of abusive and deceptive lending will have to hire a lawyer to sue the lender.
Predatory Lending 11
For many people, few things would be more devastating to their financial security than losing their
home or being taken in a real estate scam. Yet every year, many people fall victim to the schemes of
clever con men who are out to do just that.
Perhaps the most dangerous part of this type of fraud is that many people are unaware that their
property is in any danger until it’s too late. To protect yourself, it’s important to become familiar with
some common examples of real property fraud.
Foreclosure Scams: If your home goes into foreclosure, chances are good that you’ll receive dozens of
letters from foreclosure consultants and equity purchasers who promise to stop the foreclosure by
purchasing your home, or by getting you a new home loan. Beware of these offers! In some cases, if
your home is worth more than you owe on it, they may have you sign your home over to them on the
promise that they will get you a loan. Once your home is in their name, they take out loans and keep
the proceeds. Some have you "rent" your own home from them, promising they will sell the house back
to you later. This never happens. Instead, they keep your rent payments until your home is lost in
foreclosure.
Undeveloped Land Fraud: In this type of real estate fraud, unscrupulous sellers unload property that
does not comply with subdivision laws and/or cannot be used as you intended. For example, a seller of
land may represent that the property has access to water, roads and utilities, and is ready to build on.
Later, when you apply for building permits, you learn that the seller’s promises were false. Another
common practice in undeveloped land fraud is for the seller to show you one property, then sell you a
different property. This is accomplished by falsifying the land sale contract or deed (a deed is a signed
and usually sealed instrument containing some legal transfer, bargain, or contract).
Home Equity Fraud: This type of fraud occurs when your signature is forged on a deed and the equity
in your home is stolen through loans taken against your property. A missing property tax bill is often
the first sign of home equity fraud. Receiving mortgage documents or payment books for loans you
never applied for is another common sign.
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HOW YOU CAN PROTECT YOURSELF
To protect yourself from real property fraud, obtain title insurance before you buy any property and
consider having purchase documents recorded with the County Registrar-Recorder. To protect the
public, the Registrar-Recorder mails property owners copies of recorded documents that impact
ownership of their property. If you receive notice that a property document has been recorded and you
have no knowledge of the transaction, it may be a sign of real property fraud. For more information or
to report a fraud, contact:
You also may contact the National Fraud Information Center (NFIC). NFIC is a non-profit organization
that operates a consumer hotline to provide assistance in filing complaints. Contact information is
listed below:
In addition, you may want to file a complaint with the Federal Trade Commission by writing to:
Correspondence Branch
Federal Trade Commission
Washington, DC 20580
Although the FTC generally does not intervene in individual disputes, the information you provide may
indicate a pattern of possible law violations requiring action by the Commission. If you received the
fraudulent offer through the mail, the U.S. Postal Service wants to know. Contact information for
California is listed below:
To locate a post office near you, you can go to www.usps.com and click on Postal Inspectors.
PYRAMID SCHEMES
Thousand of Americans have lost millions of dollars participating in illegal scams known as pyramid
schemes.
Pyramid schemes come in many forms, but they all require large numbers of people (at the bottom of
the pyramid) to pay up-front money to a much smaller group of people (who have been in the
organization longer and are therefore at or near the top of the pyramid). Each new participant pays for
the chance to advance and profit from payments of other who might join later.
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If you suspect that a company may be an illegal pyramid scheme, contact your local law enforcement
office or the district attorney of the county in which the pyramid is operating.
If you’ve purchased a calling card that doesn’t work even after you’ve called the customer service
number, call or write to your local Consumer Affairs Department, state Attorney General, or Better
Business Bureau to file a complaint. You may also contact:
To find a Better Business Bureau office nearest you, go to their web site: www.bbb.org.
Predatory Lending 11
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12 Special Problems of Previously Married Individuals
If you have recently become divorced, separated or widowed, then you have entered a new phase in
your life that can have a dramatic effect on your credit. Making wise decisions today can help you
establish a favorable credit history independent of your former or deceased spouse. The following
recommendations regarding credit can help you make wise decisions regarding your situation.
• This will allow you to clearly see your actual credit history and will facilitate your ability to
pursue the following recommendations.
• During the negotiations of divorce, continue to send a minimum payment to all joint accounts.
If you stop making even just one payment, it will appear and remain on your credit report for
seven years. This will make it very difficult for you to open new credit lines in your own name.
Beware of well-meaning friends and relatives who may tell you to ignore making payments or
to run up debts. In the long run, this will only hurt you.
• Close and separate joint accounts. If it is possible, review and analyze with your former
spouse all your debts and decide who will be responsible to pay each account. Once this has
been decided, call the creditors and ask that they transfer your joint accounts to the person
who is now going to be responsible for them. Be aware that the creditors have no obligation to
comply with your request. In some cases, the sole cardholder may have to apply and qualify
Previously Married Individuals 12
for a new account before the debt can be transferred. Until this happens you are still legally
required to make the payments on this account.
• If you have any mortgages, in most cases you will need to refinance the mortgage in order to
take one of the names off the mortgage. If it is not possible for one person to qualify for the
mortgage, it may be necessary to sell and split the profit.
• Start small and increase slowly. Apply for a credit card, on your own, with a low credit limit.
You can find these at department store credit cards or from your bank. Once this credit line is
opened, make sure to make payments on time in order to maintain a good credit rating. At
about six months, apply for another card with a higher limit and keep making your regular
payments. Of course, you want to be careful not to fall into any debt problems. Don’t charge
what you can’t afford. Also, don’t obtain too many new cards. Three or four should be your
maximum.
• Ask a friend or family member to co-sign. If you can’t qualify for a line of credit on your own,
then you should ask a friend or family member with established credit to co-sign with you.
Again, make sure to keep the account current by making all your payments on time.
Remember that any negative history created in your credit file on this account will also appear
on the credit file of the person who was kind enough to co-sign with you. After six months, try
again to qualify for an account on your own.
• Consider getting a secured credit card. Many financial institutions will give you a secured
credit card by just opening a savings account. These funds are put into a reserve and remain
in the account at the bank as a guarantee of credit. If you make your payments on time for
about a year, the institution might release the reserve funds and allow you to maintain the
account as an unsecured credit card.
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4. Pay Your Accounts On Time!
• The best way to prove that you are a good credit risk is by paying your accounts on time. Your
payment habits during the first two years after a death of a spouse or a divorce are most
important. It is during this time that creditors look to see if you will fulfill your financial
obligations. So make sure you make it a priority to pay your accounts on time.
• If it seems like you can’t cover your expenses on your own, Springboard can help you create a
budget and design a debt management plan to pay your bills. Don’t wait until your bills have
piled up and creditors come knocking on your door. At the first sign of problems, give
Springboard a call.
• Remember that declaring bankruptcy is not an easy way out. First of all, just presenting a
bankruptcy request doesn’t guarantee that it will be accepted. But whether or not you are
allowed to declare bankruptcy, the fact that you filed will be noted on your credit report and
will be viewed negatively. Even if your filing is accepted, there is no guarantee that all debts
will be discharged. For example, you can’t get rid of student loans, alimony, child support and
taxes secured by liens through a bankruptcy filing.
• By far the worse part of bankruptcy is that it will remain on your credit report for up to 10
years. While declaring bankruptcy can eliminate some debts, filling Chapter 13 bankruptcy will
remain for seven years and a Chapter 7 will remain for 10 years. During this time it will be
difficult, if not impossible, to get a mortgage, personal loan or a credit card.
Answer: Yes. If the accounts were only in your spouse’s name, upon his or her death, they can
discontinue your right to use them. But you can apply for credit in your own name.
Question: Before my spouse and I were separated, he/she ran up sizable bills on my credit card. Am I
responsible for these bills?
Answer: Yes. If the accounts are in your name, then you are responsible for paying the debts. You
should advise the creditors in writing that your spouse is no longer authorized to use the card. You can
have the credit card company close that account and issue you a new card. Be aware that if your
spouse has been assigned to pay for the account by the court and he/she fails to make payments on it,
it will affect your credit report. Let the creditor know of the arrangement, make sure they have your
new address and phone number in order to let you know if the account becomes past due.
Question: My spouse left me and now I get calls from creditors for things that he/she bought for
his/her own use. Am I responsible for these bills?
Answer: If the accounts were in both names, then yes, you are also responsible for the debts. If the
accounts were solely in your spouse’s name then you are not responsible for the debts. Should you and
your spouse separate or divorce, the matter of these debts should be part of your legal settlement.
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Question: My spouse and I recently separated. Can I keep my spouse from using our joint credit cards?
Answer: If either party of a joint account notifies the creditor that he/she wants to close the account,
the creditor will close it. Neither party will then be able to use it. Both spouses can then apply for
credit in their own names, based on their own credit worthiness. If the account was a joint account,
both spouses are liable for all charges made up to the time the account was closed.
Question: My spouse and I recently separated. Can I keep my spouse from using our joint credit cards?
Answer: If either party of a joint account notifies the creditor that he/she wants to close the account,
the creditor will close it. Neither party will then be able to use it. Both spouses can then apply for
credit in their own names, based on their own credit worthiness. If the account was a joint account,
both spouses are liable for all charges made up to the time the account was closed.
Question: My spouse and I recently divorced. I just found out he/she is continuing to charge on my
credit accounts. Am I responsible for paying these bills?
Answer: Yes, if you did not give notice to the creditors that you no longer allow your ex-spouse to
charge on your account. Once you notify a creditor (in writing) that you no longer authorize him/her to
use your account, you are not responsible for the charges he/she makes.
Question: I am separated from my husband and receive monthly child-support payments from him.
Must I disclose these payments when I apply for credit in my own name?
Answer: No, you don’t have to disclose monthly child-support payments received from your ex-spouse.
If you decide to disclose them, a creditor must consider child-support payments as part of your
income, assuming the stability of these payments can be verified (usually by canceled checks or bank
statements).
Question: Must credit bureaus maintain separate files on me now that I am divorced from my spouse?
Previously Married Individuals 12
Answer: Yes, credit bureaus must report information about you separately. However, that information
may include your credit history on accounts that you held jointly with your spouse prior to your
divorce, or information on accounts that were in your spouse’s name but authorized for your use.
Question: My former spouse was a poor credit risk and had an unfavorable credit history. Can I be
denied credit after we divorce based on information creditors receive about accounts I shared with my
ex-spouse?
Answer: According to the Equal Credit Opportunity Act (ECOA), if you have been denied credit simply
because an ex-spouse was a poor credit risk, a creditor must consider any information that you can
offer to show that the unfavorable credit history on a former joint account does not accurately reflect
your own credit history. In addition, the Fair Credit Reporting Act allows you to include a statement of
dispute concerning inaccurate information on your credit report.
Question: After our divorce, my ex-spouse declared bankruptcy. Will that affect my credit rating?
Answer: Not if the bankruptcy occurred after the divorce. Once you are divorced, the credit history of
your ex-spouse would have no effect on your credit standing. The Equal Credit Opportunity Act
requires creditors to consider applicants on the basis of their own credit worthiness and not that of
their spouses or ex-spouses.
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13 Non-traditional Credit Reporting for People with Little
or No Credit History: The New Frontier
An estimated 50 million Americans have little or no credit history and therefore can’t access
mainstream credit, falling prey to payday lenders, rent-to-own financing, and other high cost fringe
banking services. Some choose to stay confined in the cash economy, limiting their wealth building
capacity. Many businesses are scrambling to develop databases on these millions of "unscoreables" or
potential loan prospects who represent an unclaimed frontier for credit reporting. Landlords are
fragmented across the nation and do not have the means to report monthly rent payments. There are
many other businesses such as child care, private mortgages, payday lenders, gas, electric, water and
telephone utilities and cable TV that create regular monthly payment flows that are not aggregated to
a credit history. There are issues with utilities and state laws, many of which are unclear on the
question of sharing payment history. Fair Isaac, all three major bureaus and several smaller entities are
rushing to fill this space in order to incorporate this activity into primary credit bureaus. Bringing this
payment activity into the realm of the credit bureaus is a different concept from specialty data
aggregators, such as tenant screening companies, which is a well established, stand-alone niche used
by property managers and landlords.
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14 Your Credit Life After Bankruptcy
THE BANKRUPTCY REFORM ACT OF 2005
The Bankruptcy Reform Act of 2005 enacted the most sweeping changes in bankruptcy laws since 1978.
These changes include:
• "Means Testing" for prospective filers, meaning you will have to qualify for bankruptcy relief as
you do for welfare, food stamps, Medicaid and other social safety net services.
• A prospective filer must have credit counseling with an approved non-profit credit counseling
agency prior to filing. Agencies are approved by the Executive Office of the U.S. Trustees – the
Justice department that oversees the bankruptcy system.
• Attorneys have significantly more documentation duties and liabilities. They are referred to as
"Debt Relief Agencies" under the law.
The vast majority of bankruptcy filings in the U.S. are consumer filings, rather than business filings.
Chapter 7 is the full discharge of one’s debts; Chapter 13 allows you to retain assets, but you agree to
a repayment plan.
BANKRUPTCY BACKGROUND
The bankruptcy system is designed to help overburdened consumers resolve their debt problems and
gain a financial fresh start. Over 1.5 million consumers declare bankruptcy each year.
• Chapter 7, known as straight bankruptcy, which may involve liquidating all assets that are not
exempt.
• Chapter 13, also known as a Wager Earner Plan, is a court approved repayment plan that allows a
consumer to pay off debt(s) during a period of three to five years.
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Statistics show that three out of four people struggle with serious financial problems for up to three
years before filing. Most are regular citizens who, unfortunately and for whatever reason, find
themselves with more debt than they can repay. They are embarrassed, depressed, scared, and angry
about what is happening to them. While there are those that abuse the system, they tend to be the
exception rather than the rule. As consumers emerge from bankruptcy, many find numerous tradelines
on their credit reports indicating bad debts or charge-offs with balances still owing. In reality, these
same accounts were liquidated via administrative relief and should be updated to zero balances and
shown as discharged in bankruptcy.
Recent studies on data integrity issues in credit reporting touch on this issue, but just barely. The
occurrence of bankruptcy public record items and open charge-offs "double-dinging" credit scores is a
widespread problem; this can be a deliberate servicing practice on the part of data furnishers that is
predatory. Junk debt buyers are purchasing these "accounts" and subjecting past filers to unwarranted
collection activity, so it’s important to get these corrected.
Credit bureaus are supposed to receive updates from their subscribers (the creditors) confirming the
creditor’s account was included in bankruptcy exhibits. Consumers may have accounts appearing on
their credit report(s) with balances long after these accounts were discharged in bankruptcy. Some
accounts may not have been updated on the credit reports and may indicate open balances and/or
additional derogatory ratings. This misrepresentation of information may further negatively impact
those reviewing the consumer’s credit report as well as affecting the consumer’s FICO score. Accounts
that are not updated have the potential to re-punish the score beyond the damage already inflicted by
the public record notice of the bankruptcy itself.
Bankruptcy 14
utilization, length of time credit has been established, and inquiries. There may be some other
dynamics within these primary influencing factors that lower a credit score when there has been
inaccurate reporting of accounts discharged in bankruptcy:
• Proportion of "balances" to credit limits on revolving accounts are high. (Another possible factor
and inadvertent impact that needs further study is how much the "open charge-off with balance"
raises the utilization factor. Under the FICO model, higher utilization makes a score go down.)
When institutions do not update the charge-off balance as discharged, it's twice as devastating to the
consumer's credit rating. Many consumers are unaware their credit score is being damaged even more
by misrepresentation of bad debt discharged in bankruptcy. Note: "twice" is just an estimate - none of
us are able to predict the exact mathematical impact in the FICO model.
Since so much in our lives depends upon our credit history, everyone has a big stake in making sure our
credit reports are accurate. This inaccurate reporting situation can be common with creditors who stop
working an account when a bankruptcy is filed, but fail to update the tradeline when the bankruptcy is
actually discharged by the court. Without this update/relisting, the charge-off ("9") and/or high
balances owing will hurt a credit score that is already damaged from the public record entry item
bankruptcy places on the credit report. Without the update/relist on the creditor tradeline portion of
the credit report, it appears that the debt was not included in the bankruptcy and/or that there is new
bad credit after the bankruptcy (a real score killer).
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A debt discharged in bankruptcy would require a charge-off by the creditor, since they have to write
the debt off their books as uncollectible. To report the tradeline with a balance owing is misleading.
The "charge-off with balances owing" part of the notation has to be deleted since the debt was
discharged in bankruptcy. When a debt is discharged in bankruptcy, the updated credit reports display
a narrative indicating the creditor's name, account number, and "discharged in bankruptcy," with no "9"
or balance owing. When this update/relist does not happen it may be due not to a credit bureau error
but rather to inaccurate reporting by the data furnisher.
Some creditors deliberately do not do this updating because: (1) they can still wrangle payments out of
consumers who don't know better; or (2) they deliberately want to cause as much damage as possible
on the filer’s credit report. A third reason is undoubtedly just plain negligence on the part of data
furnishers. For example, a consumer may get collection calls because filers have not been scrubbed
from the lists of debtors that are sold all over the place to junk debt buyers. No matter what the
reason, it's illegal and the public is largely unaware of what's happening.
One might ask: "Why focus on this issue since having just the bankruptcy on one’s record will prevent
you from getting any sort of loan?" This is no longer true. There are mortgage loan programs out there
for people one year out of bankruptcy, so inaccurate post-bankruptcy reporting can make a difference.
It is against the law (bankruptcy code) for creditors to collect on debts discharged in bankruptcy.
Creditors need to update their internal records, recall accounts that have been sent to collection, and
report correctly to credit bureaus. If this does not happen, there are situations where consumers have
unknowingly had their credit scores punished further, and where they have even paid a debt that was
already discharged in bankruptcy just to clear up a balance so they can get a mortgage loan. In
addition, consumers undergoing an employer’s background check should not have it appear as though
they have experienced new problems or new bad credit after their bankruptcy. Having an accurate
credit report after bankruptcy can go a long way toward reestablishing good credit, and can mean
better access to necessary loans for housing, education and other necessities of life.
Tips:
Bankruptcy 14
• Check your credit report 90 to 120 days after your bankruptcy has been discharged and at least
once a year afterwards. Make sure that the debts that were discharged are showing a zero
balance.
• Always keep your bankruptcy documents, court filing paperwork and confirmation of the
bankruptcy discharge.
• If you find mis-reporting, provide documentation to the bureaus and insist that any inaccuracies
are cleared, or call Springboard Non-Profit Consumer Credit Management for help in relisting your
bankruptcy discharge with the credit bureaus. Our Bankruptcy Relist® service was developed for
this purpose.
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15 MORE CONSUMER RESOURCES
There’s obviously too much information to be covered in just one booklet. That’s why we would like to
give you other resources for more information. Please continue to visit Springboard’s web site for the
latest on updates and resources: www.credit.org.
Identity Theft Resource Center – A national, Credit Report Reviewer Certification Program
non-profit organization dedicated to helping Paul Richard, RFC, President
people who are victims of identity theft and to Institute of Consumer Financial Education
advising government and corporations about ID PO Box 34070, San Diego, CA 92163-4070
theft. (619) 239-1401
www.idtheftcenter.org www.icfe.info
858-693-7935 (PST)
Consumers’ Union and Consumer Action
Advocates for the Taxpayer www.consumer.org, www.consumer-action.org
877-777-4778
Consumer Federation of America
California Department of Motor Vehicles fraud www.consumerfed.org
line
866-658-5758 National Consumer Law Center
www.nclc.org
State of California Office of Privacy Protection
866-785-9663; e-mail at: American Bankruptcy Institute
[email protected] www.abiworld.org
Security Freeze –
www.privacy.ca.gov/financial/cfreeze.htm Federal Trade Commission
www.ftc.gov/www.consumer.gov
Jeff Michael’s Credit Blog
http://credit.typepad.com United States Organizations for Bankruptcy
Alternatives (USOBA) – Debt Settlement
Privacy Rights Clearinghouse www.usoba.org
www.privacyrights.org
National Foundation for Credit Counseling (NFCC)
Opt out of prescreened credit offers www.nfcc.org
888-5OPTOUT (888-567-8688)
www.optoutprescreen.com The Association of Independent Consumer Credit
Counseling Agencies (AICCCA)
Fair Isaac Corporation www.aiccca.org
www.fairisaac.com, www.myfico.com
Consumer Resources 15
American Association of Debt Management
National Credit Reporting Association Organizations (AADMO)
www.ncrainc.org www.aadmo.org
125 East Lake Street, Suite 200
Bloomingdale, IL 60108 Bankruptcy Portal for Consumers, Agencies and
630-539-1525 Fax: 630-539-1526 Attorneys
www.bknavigator.com
Consumer Data Industry Association
www.cdiaonline.org Anti-Phishing Working Group
1090 Vermont Avenue, N.W., Suite 200 Information on Internet scams and fraud
Washington, D.C. 20005-4905 www.antiphishing.org
Fax: (202) 371-0134
Better Business Bureau
www.labbb.org, www.bbb.org
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16 SAMPLE LETTERS
There’s obviously too much information to be covered in just one booklet. That’s why we would like to
give you other resources for more information. Please continue to visit Springboard’s web site for the
latest on updates and resources: www.credit.org.
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SAMPLE CREDIT REPORT REQUEST
Date: __________________________________
Name/address
Of Credit Bureau: __________________________________
__________________________________
__________________________________
Please send me a copy of my credit report. Enclosed is a copy of my driver’s license, and the fee
requested for a copy of my credit report.
Sincerely,
Signature: ________________________________________________________________________________
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SAMPLE DISPUTE LETTER
Date: __________________________________
Name/address
Of Credit Bureau: __________________________________
__________________________________
__________________________________
I recently obtained a copy of my credit report from your service, and have found the following items to
be in error.
EXAMPLES
Item #1 – I dispute ABC National Bank account #12345. I have never been late on this account.
Item #2 – I dispute ABC Financial Services account #4545. This account was not a charge-off, please
delete.
According to Section 611 of the Fair Credit Reporting Act, I am requesting that you re-investigate those
items indicated, and promptly delete any unverifiable, inaccurate, or outdated information from my
credit report.
In addition, I am requesting a description of how the investigation was conducted along with the name,
address and telephone number of anyone contacted for information. Furthermore, if there is a change
in my credit history resulting from your investigation, I am requesting that an updated report be sent
to those who received my report, within the last two years for employment purposes, or within the last
one year for any other purposes.
Please send me an updated copy of my report, and notification that items have been deleted. I will
consider 30 days a reasonable time for your re-verification of these items.
Sincerely,
Signature: __________________________________
Name (print): __________________________________
Address: __________________________________
City, State, Zip: __________________________________
Sample Letters 16
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SAMPLE SETTLEMENT LETTER FOR COLLECTION
AGENCY
Date: __________________________________
Name/address of __________________________________
Collection Agency: __________________________________
__________________________________
__________________________________
Attention: __________________________________
RE: Account #: __________________________________
Dear:
Confirming our previous telephone conversation on ________________________________(date)
regarding the settlement of the above account, I will pay your company $_______________as full
settlement of this account.
However, upon receipt of the above consideration, your company has agreed to completely delete this
tradeline information from my Experian, TransUnion and Equifax credit reports. Furthermore, any
references to late payment, charge-off/paid charge-off, collection account/paid collection account or
settlement will be deleted from my Experian, TransUnion and Equifax credit reports.
Your cooperation in this matter is appreciated, and if this settlement agreement is acceptable to your
company, please so acknowledge with your signature and title in the space provided below and return a
copy to me. Additionally, I will send a copy of this settlement offer to______________________(original
creditor).
Upon receipt of this signed acknowledgement, I will immediately forward you a cashier’s check in the
amount stated above.
After receipt of payment please provide me with verification that any reference to this item has been
deleted from my Experian, TransUnion and Equifax credit reports.
Thank you for your immediate attention and cooperation
Sincerely,
Signature: __________________________________
Name (print): __________________________________
Address: __________________________________
City, State, Zip: __________________________________
Social Security #: __________________________________
Signature of
Sample Letters 16
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SAMPLE SETTLEMENT LETTER FOR ORIGINAL CREDITOR
Date: __________________________________
Name/address __________________________________
of Creditor: __________________________________
Dear:
Confirming our previous telephone conversation on ________________________(date) regarding the
settlement of the above account, I will pay your company $_________________as full settlement of
this account.
However, upon receipt of the above consideration, your company has agreed to completely delete this
tradeline information from my Experian, TransUnion, and Equifax credit reports. Furthermore, any
references to late payment, charge-off/paid charge-off, collection account/paid collection account or
settlement will be deleted from my Experian, TransUnion and Equifax credit reports.
Your cooperation in this matter is appreciated, and if this settlement agreement is acceptable to your
company, please so acknowledge with your signature and title in the space provided below and return a
copy to me.
Upon receipt of this signed acknowledgement, I will immediately forward you a cashier’s check in the
amount stated above.
After receipt of payment please provide me with verification that any reference to this item has been
deleted from my Experian, TransUnion and Equifax credit reports.
Thank you for your immediate attention and cooperation.
Sincerely,
Signature: __________________________________
Name (print): __________________________________
Address: __________________________________
City, State, Zip: __________________________________
Social Security #: __________________________________
Signature of
authorized officer: __________________________________
Date: __________________________________
Print Name: __________________________________
Title: __________________________________
Sample Letters 16
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SAMPLE CEASING COMMUNICATION LETTER
(Send via certified mail, return receipt requested)
Date: __________________________________
Name/address
of Collection Party: __________________________________
__________________________________
__________________________________
Attention: __________________________________
Re: Account #: __________________________________
Dear:
As per our telephone conversation on_______________________(date) regarding the above referenced
account in accordance with the Fair Debt Collections Practice Act (FDCPA) Section 805(c), this letter
serves as notification to Cease and Desist any further communication activity regarding the above debt.
If you fail to comply with my request, it will result in charges being filed against your company, along
with any employee attempting to collect the above debt, with the state and federal regulatory
agencies empowered with enforcement.
Thank you for your immediate attention and cooperation.
Sincerely,
Signature: __________________________________
Name (print): __________________________________
Address: __________________________________
City, State, Zip: __________________________________
Social Security #: __________________________________
Sample Letters 16
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SAMPLE CONSUMER DISPUTE STATEMENTS
There are several thousand credit bureaus collecting credit information about consumers. Many of
these credit bureaus are connected to centralized computer files which contain data on millions of
individuals. From these files, a credit bureau can produce almost instantaneously a revealing report
about your past and present credit activity for a subscribing creditor. All credit reporting bureaus are
for-profit businesses and not public agencies, although they are subject to increasing regulation.
Under the Fair Credit Reporting Act you have the right to add to your credit report a statement of up
to one hundred words regarding any item(s) you wish to clarify. This statement will then appear on all
subsequent reports.
EXAMPLES:
"This is not my account. I have never owed money to this creditor. Apparently, a mistake was made in
the reporting."
"This account belongs to my former spouse. My name was deleted from the account at the time of the
divorce, and I am not responsible for any debts incurred on the account since that time."
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Date: «DATE»
«CLIENTNAME»
«CLIENTADDRESS»
«CLIENTCITYSTATEZIP»
«COLLECTIONAGENCY»
«COLLECTIONADDRESS»
«COLLECTIONCITYSTATE»
Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is
requested.
Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt
you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt,
and there is some contractual obligation that is binding on me to pay this debt.
This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION
made pursuant to 15 USC 1692g Sec. 809 (b) of the FDCPA. I respectfully request that your offices
provide me with competent evidence that I have any legal obligation to pay you.
At this time I will also inform you that if your offices have or continue to report invalidated
information to any of the 3 major credit bureaus (Equifax, Experian, Trans Union), this action might
constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or
continues to report on any of my credit reports by your company or the company you represent, I will
not hesitate in bringing legal action against you and your client for the following.
Defamation of Character
I am sure your legal staff will agree that non-compliance with this request could put your
company in serious legal trouble with the FTC and other state or federal agencies.
If your offices are able to provide the proper documentation as requested in the following declaration,
I will require 30 days to investigate this information and during such time all collection activity must
cease and desist. Also, during this validation period, if any action is taken which could be considered
detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any
listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If
your offices fail to respond to this validation request within 30 days from the date of your receipt, all
references to this account must be deleted and completely removed from my credit file and a copy of
such deletion request shall be sent to me immediately.
Sample Letters 16
It would be advisable that you and your client assure that your records are in order before I am forced
to take legal action.
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• Agreement with your client that grants you the authority to collect on this alleged debt.
• Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the
creditor
• Any insurance claims been made by any creditor regarding this account
Please provide the name and address of the bonding agent for «COLLECTIONAGENCY» in case legal
action becomes necessary.
Your claim cannot and WILL NOT be considered if any portion of the above is not completed and
returned with copies of all requested documents. This is a request for validation made pursuant to the
Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information
back.
Best Regards
«CLIENT NAME»
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SCAN Consumer Report Order Form
Obtaining information under false pretenses is illegal. Obtaining a report on someone other than
yourself is punishable by law, and can result in fines and/or imprisonment.
To process your request for a SCAN report, we need the following information:
If your check writing privileges were declined by a retailer please provide the following:
Circle the type of ID(s) used and provide the necessary information for that ID.
*SCAN will correspond with you at the above address and phone numbers unless you request otherwise
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NOTES
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NOTES
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