The procurement of money, goods and/or services in exchange for a pledge to repay the amount at a future date
How do you write a credit dispute letter?
Credit Dispute Letters In order to correct an error in your credit report, you need to inform the reporting agency in writing what information you believe is an error or is incomplete. Below is a sample credit dispute letter. Your Name Your Address Your City, State, Zip Code Complaint Department Name of Reporting Agency Address City, State, Zip Code Dear Sir or Madam: I am writing to dispute the following information in my file. The items I dispute are also encircled on the attached copy of the report I received. (Identify item(s) disputed by name of source, such as creditors or tax court, and identify type of item, such as charge card account, judgment, etc.) This item is (inaccurate or incomplete) because (describe what is inaccurate or incomplete and why). I am requesting that the item be deleted (or request another specific change) to correct the information. Enclosed are copies of (use this sentence if applicable and describe any enclosed documentation, such as payment records, court documents) supporting my position. Please reinvestigate this (these) matter(s) and (delete or correct) the disputed item(s) as soon as possible. Sincerely, Your name Enclosures: (List what you are enclosing) First get a copy of your credit report from all 3 CRA's(Credit Reporting Agencies). Go over each one line by line, first correcting and disputing any erroneous personal information such as incorrect spelled name, wrong phone numbers, old or incorrect addresses, d.o.b.'s etc. Then look at the TL's(Trade Lines) if you feel as though they are in error or reporting TL's that are not yours, disput this information with the Original Creditor under F.A.C.T.A., or the Collection Agency/Debt Collector under the FDCPA or FCRA directly asking them to validate the information they are currently reporting to your credit reports. Make sure you send all correspondence US Postal Service CMRRR, wait about 15 days, if no response, now dispute it with all 3 CRA's and wait for there response. id the investigations come back verified or updated you now have the Collection Agency for violation of you State and Federal rights as it Relates to the FCRA and FDCPA.
Who is responsible for your credit card debt after your death?
Generally speaking, the estate is responsible for the debts of the decedent. If a person owned any property at the time of their death that property comprises the estate and their estate must be probated. Depending on the size of the estate, many jurisdictions have less formal procedures for small estates. The decedent's debts must be paid before there can be any distribution to the heirs. If the assets of the estate are not sufficient to pay those debts the estate is declared to be insolvent. There is no liability for personal debts if the estate cannot pay. The lender can repossess property in the case of any secured debt such as one for the purchase of an automobile. Of course, in the case of a mortgage, the lender can foreclose and take possession of the property. Creditors have a statutory period in which to file a claim against the estate. State laws vary. You need to check the laws of your state to determine if any special provisions may apply. In community property states, credit accounts opened in one name during a marriage may automatically become joint accounts. The situation changes in the case of JOINT account holders. If you are a joint account holder or co-signer with the decedent then you will be held responsible for full payment of the outstanding balance. Note that many creditors will try to get payment from heirs. Check with an attorney before making any payments toward any debt of a decedent. If there is no estate, most creditors will close the account upon the receipt of a death certificate. Once a death certificate is received by the creditor along with a letter explaining that there is no estate, creditors usually forgive the debt, close the account and write it off. In the case of a persistent creditor, an estate may need to be filed even if there is no estate in order to satisfy the creditor that the debtor has died and there is no estate.
How to prevent and report credit card fraud or identity theft?
Reporting Losses and Fraud If you lose your credit or charge cards or if you realize they've been lost or stolen, immediately call the issuer(s). Many companies have toll-free numbers and 24-hour service to deal with such emergencies. By law, once you report the loss or theft, you have no further responsibility for unauthorized charges. In any event, your maximum liability under federal law is $50 per card. If you suspect fraud, you may be asked to sign a statement under oath that you did not make the purchase(s) in question. For More Information The FTC (Federal Trade Commission) works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. Internet Fraud Don't give out your credit card number(s) online unless the site is a secure and reputable site. Sometimes a tiny icon of a padlock appears to symbolize a higher level of security to transmit data. This icon is not a guarantee of a secure site, but might provide you some assurance. Don't trust a site just because it claims to be secure. Before using the site, check out the security/encryption software it uses. Make sure you are purchasing merchandise from a reputable source. Do your homework on the individual or company to ensure that they are legitimate. Try to obtain a physical address rather than merely a post office box and a phone number, call the seller to see if the number is correct and working. Send them e-mail to see if they have an active e-mail address and be wary of sellers who use free e-mail services where a credit card wasn't required to open the account. Consider not purchasing from sellers who won't provide you with this type of information. Check with the Better Business Bureau from the seller's area. Check out other web sites regarding this person/company. Don't judge a person/company by their web site. Be cautious when responding to special offers (especially through unsolicited e-mail). Be cautious when dealing with individuals/companies from outside your own country. The safest way to purchase items via the Internet is by credit card because you can often dispute the charges if something is wrong. Make sure the transaction is secure when you electronically send your credit card numbers. You should also keep a list of all your credit cards and account information along with the card issuer's contact information. If anything looks suspicious or you lose your credit card(s) you should contact the card issuer immediately. FBI - REPORT INTERNET FRAUD http://www.ic3.gov/default.aspx Don't throw anything in the bin that has your name or address on it, protect your card pins at all times if you use your credit cards online make sure that you have the right protection on your PC and make sure you use secure websites. Don't give out personal information over the telephone. Reporting Credit Card Fraud If you lose your credit card or if you realize it's been lost or stolen, immediately call the issuer. Many companies have toll-free numbers and 24-hour service to deal with such emergencies. By law, once you report the loss or theft, you have no further responsibility for unauthorized charges. In any event, your maximum liability under federal law is $50 per card. If you suspect credit card fraud, you may be asked to sign a statement under oath that you did not make the purchase(s) in question. You will need to contact your credit card company - they will walk you through the procedure. They should immediately put a block on your file and report it to the exception files. They may ask you for an affidavit or a police statement. If you're concerned that they're giving you the run-around, you should read up on your rights as a consumer-
What should a letter to close a credit card account include?
Actually, I wouldn't recommend closing your credit card account, closed accounts impact your score and do nothing to help improve it. If you zero balance the card just put it in your sock draw get gas or pay a bill with it once a month and then P.I.F. it when you get the bill, that way your not paying any interest, the credit card companies hate when you do that! LOL It makes you look good it fakes up your score and your utilization of your credit limit is well below the recommended 35%. From what I understand, if you are closing an account in good standing, it is important to include in your letter a request, stated clearly and in no uncertain terms, that your credit record show YOU were the one to request that your account be closed and NOT your credit card company. This way in the future anyone needing to check your credit will see this and know that the account was not closed for other reasons that could reflect poorly on your rating. It might not hurt, as a follow up, to check your credit record. I know sometimes it's recommended to check your credit record yearly in order to check for errors and mistakes. However, I've also read that you shouldn't check it TOO often because this can adversely affect your record or score. Answer First, checking your credit score counts as a SOFT inquiry, which has a remotely adverse affect on your credit after like 100 times. And when I say remotely, I mean 1 point. You don't need to write out a letter, just call them and tell them you would like to close the account. Wait 60 days and check your credit report, if it was closed "by credit issuer" according to the credit report, then just call up the company. If you were in good standing, you'll be fine. Answer A better question is, why do you want to close your account? If you aren't using the card, that doesn't mean you should close the account; in fact, doing so can hurt your credit score (i.e., the score that tells companies whether you are a good candidate to loan money to). These companies, when they look at your credit report, want to see a few things: 1) Do you have a history of credit being extended to you? They want to see a long history, which is why you should NEVER close the account for the credit card you've had the longest, even if you never plan to use it again (unless, perhaps, you're paying a yearly fee, but--even then--call them to see if they'll waive the fee; tell them you're thinking of closing your account otherwise): keeping the account open keeps it on your credit history, showing that you've have credit for a while. 2) Do you have multiple types of credit (credit cards, mortgage, car loan, cell phone, student loan, etc.)? They like to see a mix. 3) How much of your credit do you use? They like to see that you use no more than around 30% of the credit available to you. For example, let's say you have two credit cards--one with a $10000 limit, one with a $20000 limit--and so, you have $30000 of available credit. You owe $5000 on the card with a $10000 limit and $0 on the $20000 card. That means you're using about 17% of your available credit ($5000 of $30000). That's fine. But let's say you close your $20000 card. Now, all of a sudden, you're using $5000 of $10000 in available credit--50%. That looks horrible--like you are living beyond your means, getting by on credit, even though you owe THE EXACT SAME AMOUNT OF MONEY as you did when you had $30000 of available credit. But, by closing the account, you jacked up your debt ratio past 30%, making you look like a poor manager of credit. People will be less likely to offer you credit now, and they'll offer you worse interest rates when they do. So--if you want to close the account, make sure it's for the right reason, such as it's costing you an annual fee. Otherwise, if you can hang on to the card, do it. If you are worried you'll use it when you shouldn't, put it in a bag of water and put the bag in the freezer. That way you'll have to wait for it to thaw before you can use it, which will cut down your impulse purchases.
Asked in Repossession, Credit Reports, Credit
How long does a repossession stay on your credit report?
Repo on Your Credit It stays on your credit report for 7 years to the day the loan became delinquent. Say you made your last complete up to date car payment August 15, 2001 and you fell behind about a month after that staying one month behind until December when you missed another payment becoming 2 months behind. The repossession then occurred in January 2003. This will stay on the credit report until September of 2008 for that 7 year period, regardless of when the loan winds up getting paid off. It can stay on the report a bit longer if it goes to court and the bank gets a judgment against the borrower. Say this happens in 2004, then that stays on the credit report another 7 years until 2011. Bankruptcies stay on 10 years while delinquencies and defaults stay on for 7 years. More Information: Seven years, unless you're applying for a high-paying job or a very large loan or life insurance policy, in which case the repossession will always be reported. Repossessions and all other notations remain on credit reports for seven years from the date of last payment IF there is no judgment on the account. In the event of judgment it remains for ten years after the date of last payment or the date of judgment (whichever is later), and can be extended for ten additional years in some circumstances. Occasionally, errors are made by the credit reporting agencies, and notations on reports may remain longer than they should. In the event of an unfair or erroneous reporting, contact the credit reporting agencies involved by registered letter. Corrections must be made within thirty days of contact. Be prepared to provide support for your request to make corrections to your credit reports. Generally though, no information older than seven to ten years should ever appear on a credit report unless ordered there by the courts. For reference, please consult the Federal Fair Debt Collections Practices Act. For debts that have gone to a collection agency, be aware that any contact, letters, phone calls etc to that agency, can set a new date on your credit file.
Asked in Credit Reports, Credit
Should you let charge-offs stay on your credit report?
Charge-Offs Here are opinions on whether you should let charge-offs stay on your credit report: It really depends on how long ago the debt was and what you are looking to do now. Paying the charged off debt will not increase your credit score, the damage is already done. However if you are looking to purchase a home or some other major purchase, it would be best to have the accounts show a zero balance. You can usually settle charged off accounts for 50% or less of the total debt. Otherwise you can just wait the seven years until they are removed. For any personal credit related concerns I recommend a website that I know has many very good friendus to even the toughest questions. It is an 'ask' site directly on Experian's website which is hosted by Maxine Sweet, the V.P. of Public Affairs for Experian. You can get to the site from the following link: http://www.experian.com/ask_max/index.html From my own personal experience, if you can afford to pay your charge off in full, then do it. It not only helps your credit score but, when you go to apply for a loan, credit card, mortgage to buy a house or even a car although, it will still show up as a paid in FULL charge off. The lender will, more than likely, still give you what you are looking for because they'lll see it as "oh, this person just came on to some hard times but is cleaning up their credit by paying everything in full". When a debt is charged off, the creditor isn't expecting the borrower to pay anymore so, they may sell your account , or assign it on a contingency basis, to a collection agency. You should always try to remove charge offs that are on your credit report. You can either negotiate the removal with the original creditor or you can try to dispute it to the credit bureaus. The credit bureaus have 30 days to verify the listing or it must be removed from your credit report. There is no reason not to try and remove your charge offs from your credit report.
Asked in Credit Reports, Bankruptcy Law, Credit
How do you remove liens and judgments from your credit report that were discharged in a Chapter 7 almost 2 years ago?
Removing Liens and Judgments You can't. By federal law bankruptcies can be reported up to 10 years after filing, assuming a discharge, of all discharged unsecured debts. Liens are secured debts and may or may not have been discharged. Undischarged debts may be reported up to 7 years after your last account activity. You are probably referring to the "Public Records" part of the credit report. In that case you can't. Court cases are a public record, even if its dismissed, unfounded, you win, etc. All the CRAs do is searh for your name in courts across the country. If they find a case, it goes on your credit report along with the type (Judgement Lien, Foreclosure, etc). If you sue someone else, it can show up on your credit report. Here are more opinions and friendus from other FAQ Farmers: You cannot remove the lien that was in the bankruptcy, but you can contact each of the repositories, equifax, experie and transunion with a copy of the bankruptcy list of creditors and have them listed on the credit report. This way it will show the creditors being included in the bankruptcy which will show they are no longer open accounts and raise your score. Your bankruptcy attorney should have removed any judgment liens on exempt property during the bankruptcy. This is done by the filing of a Motion to Avoid Judgment Liens or a Motion to Avoid Liens on Exempt Property. If this was not done, most Bankruptcy Courts will allow you to reopen a case to avoid liens. It might be cheaper to pay the lien or negotiate a settlement. Call both the lien holder and your lawyer to determine the cost of either action.
Asked in Debt and Bankruptcy, Credit Reports, Credit
How do you get an old bankruptcy removed from your credit report?
Under the Fair Credit Reporting Act negative information can be included in your credit reports for seven years. However, there are exceptions to this rule. Bankruptcy is one of those exceptions. Bankruptcy information may be reported for 10 years. Sorry. Once the ten years are up, there's nothing you should need to do. If for some reason a credit reporting agency keeps reporting the outdated information, click here for more information about fixing errors in your credit report. On the other hand: Actually there is a legal way to get it removed approximately two years after filing! I did this and it works and I will be willing to prove it to any doubters!. All you have to do is file a dispute with the credit bureaus. In my case I simply said it should have been listed as Chap 13 and not Chap 7. This is the trick though, so please read on carefully. YOU MUST WAIT A MINIMUM OF TWO YEARS AND A FEW EXTRA MONTHS BEFORE DISPUTING WITH THE CREDIT BUREAUS. Why is this you ask, well the answer lies within the bankruptcy courts. All cases are active for two years after which time they go onto microfiche. When they get a dispute letter from the credit bureaus and the case is on microfiche then they don't bother to respond. The credit bureaus then must legally delete the info from your reports. The trick is to follow up with the bureaus also and make sure they delete it. More information: If you filed Chapter 13, it should have fallen off already since those come off your report in 7 years. Many people in that situation have the credit reporting agencies do an "investigation" of their report to remove it. If you filed Chapter 7, then you have two years to wait since those come off your report in 10 years (see Section 605(1) of the Fair Credit Reporting Act). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person. According to Golden Financial Services, after two years a bankruptcy can be removed off a credit report.
Asked in Personal Finance, Loans, Student Loans and Financial Aid, Credit Reports, Money Management, Credit
Do student loans show up on your credit report?
yes, the private or federally guaranteed student loans will show up on your credit report. If you are delinquent or in default on your loans, you can get help with consolidating the loans at www.defaultms.com The loans will show up on your credit report, even if they are still designated as deferred. You will not owe anything until roughly 6 months after you graduate, and the loan status will change to active once repayment begins.
Asked in Credit Reports, Credit
Can you remove debts you have settled from your credit report?
Yes, you can removed settled debts -- if they are outdated as defined by law. Under the Fair Credit Reporting Act negative information can be included in your credit reports for seven years. But there are exceptions to this rule: Information about criminal convictions may be reported without any time limitation. Bankruptcy information may be reported for 10 years. Information reported in response to an application for a job with a salary of more than $75,000 has no time limit. Information reported because of an application for more than $150,000 worth of credit or life insurance has no time limit. Information about a lawsuit or an unpaid judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer. If an item is outdated, you can dispute it on your credit report for free. Ask the reporting agency for a dispute form or submit your dispute in writing, along with any supporting documentation. Do not send them original documents. Clearly identify each item in your report that you dispute, explain why you dispute the information, and request a reinvestigation. If the new investigation reveals an error, you may ask that a corrected version of the report be sent to anyone who received your report within the past six months. Job applicants can have corrected reports sent to anyone who received a report for employment purposes during the past two years. When the reinvestigation is complete, the reporting agency must give you the written results and a free copy of your report if the dispute results in a change. If an item is changed or removed, the credit bureau cannot put the disputed information back in your file unless the information provider verifies its accuracy and completeness, and the credit bureau gives you a written notice that includes the name, address, and phone number of the provider. You also should tell the creditor or other information provider in writing that you dispute an item. Many providers specify an address for disputes. If the provider then reports the item to any bureau or reporting agency, it must include a notice of your dispute. In addition, if you are correct � that is, if the information is indeed outdated � the information provider may not use it again. If the reinvestigation does not resolve your dispute, have the credit bureau include your version of the dispute in your file and in future reports. Remember, there is no charge for a reinvestigation. Here is more advice and input: Yes, they can be removed. I have found three services so far that guarantee the results for complete credit cleaning or removal of any items you want for one year for $400-800 total. The answer is not just to dispute the items. You want a book that explains WHY the credit bureau broke the law, and helps you draft the letter threatening legal action. Dispute letters are a waste of time in most cases and can't get a bankruptcy or foreclosure off your report. You have to apply the laws. For instance, I've learned that foreclosures and bankruptcies must be HAND DELIVERED to the credit bureaus, which NEVER happens, before they can be listed on the report. Yes. Contact the establishment you paid. Tell them to withdraw the claim from the reporting agency. If they do it should be removed within 30-60 days. However, they do not have to remove it if under the 7 years. Ask nicely explain you plight and I have found 3 of my creidtors withdrew the claims.
What is the Fair Credit Reporting Act?
Fair Credit Reporting Act The Fair Credit Reporting Act (FCRA), enforced by the Federal Trade Commission, is designed to promote accuracy and ensure the privacy of the information used in consumer credit reports. Recent amendments to the Act expand your rights and place additional requirements on credit reporting agencies (CRAs). Businesses that supply information about you to CRAs and those that use consumer reports also have new responsibilities under the law. Here are some questions consumers commonly ask about consumer reports and CRAs, and their friendus: Fair Credit Reporting. (Note that you may have additional rights under state laws. Contact your state Attorney General or local consumer protection agency for more information.) Although the FTC can't act as your lawyer in private disputes, information about your experiences and concerns is vital to the enforcement of the Fair Credit Reporting Act. Send your questions or complaints to: Consumer Response Center � FCRA, Federal Trade Commission, Washington, D.C. 20580 The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. Here is more advice and input from FAQ Farmers: The Act is overseen by the FTC. Goal to protect consumer rights. Practical applications, for example: how to handle annoying debt collectors, etc.
What is a credit report?
Credit Report - If you've ever applied for a credit card, loan, insurance, or a job, there's a file about you. This file contains information on where you work and live, how you pay your bills, and whether you've been sued, arrested, or filed for bankruptcy. Companies that gather and sell this information are called Consumer Reporting Agencies (CRAs). The information CRAs sell about you to creditors, employers, insurers, and other businesses is called a credit report. Banks and other companies use your credit report to assess your credit worthiness. So at times when an individual has been turned down for a loan or credit it is the information held in the credit report which is an issue. In other circumstances, credit reports also also used in getting the capacity of an individual to pay their mortgage credit or any other type of loan. Even when an individual has a poor credit report, he/she can still improve it by paying his/her debts and settling payments and other important credits. Credit report is a snapshot of everything you have ever done in your life that has involved your use of credit. Try to visit Simple Credit Online for more advise.
Asked in Credit and Debit Cards, Credit, Beds, Mattresses
Can you stop payment on debit card for bad service was told my mattress was there made me wait 2 12 hours before it came from another store when told it was there before I signed papers?
if your still in the store yes, call the bank and request a stop payment if the store is unwilling to void the transaction. For the future, insist on a written 30 day free return for any mattress you buy. Unless your banking with Bank of America than forget it they will say wait 7 days and put it under investigation then do nothing and charge you a fee. Happened to me when i found the company was a fraud, even will all my documents during their "investigation" they say they could find no wrong. If you left with the mattress then you would have to get the return amt from the store.
Asked in Credit Reports, Credit
How do you get paid collection accounts removed from your credit report?
Removing Paid Accounts from a Credit Report If you haven't paid your collection account(s) yet, negotiate with the collection agency. State that you plan to pay in full, and that you want them to agree to remove the item from your credit report. If you've paid, and the item remains on your report, go to the credit bureau and dispute the item that has been paid. It's a good chance that the collection agency has purged your record and therefore will NOT verify a dispute investigation from the credit bureau. If the credit bureau doesn't receive verification from the collection agency in thirty days, they are obligated by law to delete the item from your credit report. Only the collection agency or the credit bureaus can remove collections off your credit report. You can either negotiate with the collectiona agency or dispute it to the credit bureaus.
What happens if a person dies and has a lot of credit card debt?
The credit card company will first try to collect from the estate. Creditors are not allowed to put the extra debt baggage on survivors if the estate is insolvent. Creditors will most likely close the account and write it off when they receive the death certificate and has filed a claim in probate towards the estate. Only way the survivors are responsible for the debt is if they want to pay off the debt themselves or if they are the joint owner of the debt. More Information: I just went through Probate court with my Grandma's estate and she had no estate to resolve so Creditors had to close the account and write it off. They are not allowed to come after heirs because they are not responsible for the debt because they are not co-owner or a co-debtor on the debt. If the person who died owns a car and owes money to the bank, then the bank will repossess the car and auction it off. The difference between the loan and how much they got in the auction will determine if they will file a claim on that person who died on their assets to make up the difference.
Asked in Credit and Debit Cards, Credit Reports, Credit
Should you close credit card accounts that you are not using?
Here are friendus and opinions from FAQ Farmers: * To ward off fraud, yes, you should. Most companies don't penalize you for closing and you should be able to reopen the account at a later time if you decide. I would just call the credit card company and ask their policies, but working for a credit company in the past, you wouldn't believe how easy it is for people to commit fraud, and people don't know because they never see a statement. If you leave it open, just call to check on the account every so often, just in case. * Yes, close the accounts. * No, every time you close an account you are lowering your FICO SCORE by raising a flag that shows the percentange of credit debt you have seems to have increased. You should keep all lines open and not have more than seven of them. * It is my understanding that you should close all credit cards you are not using. With open accounts "out there" your potential debt is high. That makes other creditors (house, car loans) nervous. You SHOULD close those accounts, BUT you should do so in writing. You also should make the CC company add to account notes "closed by customer request". This comment will be reflected on your credit report...which is a good thing. * Depends on what is important to you. Some people demand their accounts closed because they had the last straw with a creditor. They find out later that their FICO score slumps from 15-25 points for an average score of 680 to a 40 point slump for people with a very high score of 800 or more. In some cases closing an account will allow you to avoid monthly maintenance fees some cards charge or the annual fee, although this is getting rare. Your credit report is a mirror of your ability to pay through good times OR BAD. Keeping accounts open is a good thing. You need OLD and seasoned accounts. * If you aren't using the card, that doesn't mean you should close the account; in fact, doing so can hurt your credit score (i.e., the score that tells companies whether you are a good candidate to loan money to). These companies, when they look at your credit report, want to see a few things: 1) Do you have a history of credit being extended to you? They want to see a long history, which is why you should NEVER close the account for the credit card you've had the longest, even if you never plan to use it again, unless it charges an annual fee (and, even then, you should first call the credit card company, tell them you've been a long-time customer, and see if they'll waive the fee; it costs more to acquire new customers than to keep existing customers, so it's in their interest to help you keep the account open). Also, leaving the account open keeps it on your credit history, showing that you've have credit for a while. That helps potential lenders trust you--they can see that other people have been trusting you with credit for a long time. 2) Do you have multiple types of credit (credit cards, mortgage, car loan, cell phone, student loan, etc.)? They like to see a mix. 3) How much of your credit do you use? They like to see that you use no more than around 30% of the credit available to you. For example, let's say you have two credit cards--one with a $10000 limit, one with a $20000 limit--and so, you have $30000 of available credit. You owe $5000 on the card with a $10000 limit and $0 on the $20000 card. That means you're using about 17% of your available credit ($5000 of $30000). That's fine. But let's say you close your $20000 card. Now, all of a sudden, you're using $5000 of $10000 in available credit--50%. That looks horrible--like you are living beyond your means, getting by on credit, even though you owe THE EXACT SAME AMOUNT OF MONEY as you did when you had $30000 of credit. But, by closing the account, you jacked up your debt ratio past 30%, making you look like a poor manager of credit. People will be less likely to offer you credit now, and they'll offer you worse interest rates when they do.
Asked in Debt and Bankruptcy, Credit Reports, Credit
If a chapter 13 bankruptcy was voluntarily dismissed not discharged can it be removed from your credit file?
You can't get it removed. It is a public record. If you file a bankruptcy and get it voluntarily dismissed the next day, it will still be on your credit report. Also, by the way, not paying into a Chapter 13 plan is not a voluntary dismissal. The Trustee moved to have the bankruptcy dismissed. - The easier approach would have been to actually voluntarily have it dismissed. Regarding Nate's posting, I agree that non-payment of a Chapter 13 normally results in the trustee moving to dismiss your case, which is an involuntary dismissal. I have no idea if whether a Chapter 13 is voluntarily or involuntarily dismissed affects your credit rating differently (probably not, credit reporting agencies barely seem to recognize the difference between Chapter 7's and Chapter 13's, much less the way in which any particular case is dismissed), but there can be a big difference to the debtor whether a case is involuntarily or voluntarily dismissed if a creditor has moved to get property back. Once a creditor asks the court for permission to get back some property (such as a car or home), which they do by filing a Motion for Relief from Stay, then if you voluntarily dismiss your case you are barred from re-filing a new Chapter 13 for 180 days. This 180 days may be enough time for the creditor to foreclose/repo and sell the property. Once a creditor moves to repo/foreclose in a Chapter 13, many people prefer to be involuntarily dismissed so they can re-file a new Chapter 13 immediately and get protection again before the creditor sells the collateral. Please keep in mind this is not legal advice but simply a statement of what many people do in that situation from my perspective. So, while Nate (in the posting above) said it is easier to voluntarily dismiss, that does not mean it is always better to voluntarily dismiss, depending on the circumstances.
Asked in Credit Reports, Credit
How do you fix an error on your credit report?
Fixing Errors on a Credit Report Nobody can legally remove accurate and timely negative information from a credit report. But the law does allow you to request a reinvestigation of information in your file that you dispute as inaccurate or incomplete. There is no charge for this, so you may want to go the self-help route and consider credit repair independently. According to the Fair Credit Reporting Act you are entitled to a free copy of your credit report if you've been denied a loan, charge card, insurance, or job within the last 60 days. If your application is denied because of information supplied by a bureau or reporting agency, the company you applied to must provide you with that bureau or agency's name, address, and telephone number. You can dispute mistakes or outdated items for free. Ask the reporting agency for a dispute form or submit your dispute in writing, along with any supporting documentation. Do not send them original documents. Clearly identify each item in your report that you dispute, explain why you dispute the information, and request a reinvestigation. If the new investigation reveals an error, you may ask that a corrected version of the report be sent to anyone who received your report within the past six months. Job applicants can have corrected reports sent to anyone who received a report for employment purposes during the past two years. When the reinvestigation is complete, the reporting agency must give you the written results and a free copy of your report if the dispute results in a change. If an item is changed or removed, the credit bureau cannot put the disputed information back in your file unless the information provider verifies its accuracy and completeness, and the credit bureau gives you a written notice that includes the name, address, and phone number of the provider. You also should tell the creditor or other information provider in writing that you dispute an item. Many providers specify an address for disputes. If the provider then reports the item to any bureau or reporting agency, it must include a notice of your dispute. In addition, if you are correct - that is, if the information is inaccurate - the information provider may not use it again. If the reinvestigation does not resolve your dispute, have the credit bureau include your version of the dispute in your file and in future reports. Remember, there is no charge for a reinvestigation.
Asked in Credit and Debit Cards, Credit Reports, Credit
Can a satisfied judgment be taken off of your credit report?
A satisfied judgment can be taken off your credit, if it is inaccurate. If the judgment is yours, it will remain for the full reporting period allowed by law. Here is more advice: I have a satisfied judgment on my credit report. We satisfied this judgment 5 years ago. However, the plaintiff the judgment was awarded to, never bothered to give the court an order to mark the judgment satisfied. And I didn't know at the time that I could do it myself. I went down to the court Friday and gave them a 'request to vacate judgment' form. I have to wait a week to see if they will do it. If they don't, I'm taking the plaintiff in this judgment to court. I'm going to sue him for the amount of the satisfied judgment times the 5 years it's been reported to the credit bureaus. The credit bureaus are worthless and they are no help at all. They don't investigate anything. I found a lot of interesting websites with lots of info on how to fix errors on your credit report. If you want more info, email me and I'll send you a list of the URLs I found. The previous answer was a bit scary. Credit reporting is not the responsibility of the judgment plaintiff, nor the courts, nor the bureaus themselves. If a consumer is sued over financial matters that typically show on a credit report (judgments, tax liens, foreclosures and bankruptcies) those actions need their proper disposition. Obtaining that disposition is not anyone else's responsibility. It is up to the defendant to find out what steps to take to clear their credit. A lawsuit for failing to do so would most likely be unsuccessful. The lawsuit that he is speaking of is true and is valid, when and only after you have requested in writing, from the person who has put the Judgement on you, the filing of a satisfaction of Judgement, if they do not file within 14 day of receiving the written request then you can sue for the amount of the Judgement Plus 50 dollars according to California state law Code of Civil Procedure section 116.850. (116.850. (a) If full payment of the judgment is made to the judgment creditor or to the judgment creditor's assignee of record, then immediately upon receipt of payment, the judgment creditor or assignee shall file with the clerk of the court an acknowledgment of satisfaction of the judgment. (b) Any judgment creditor or assignee of record who, after receiving full payment of the judgment and written demand by the judgment debtor, fails without good cause to execute and file an acknowledgment of satisfaction of the judgment with the clerk of the court in which the judgment is entered within 14 days after receiving the request, is liable to the judgment debtor or the judgment debtor's grantees or heirs for all damages sustained by reason of the failure and, in addition, the sum of fifty dollars ($50).) Regarding the above note: Successfully petitioning for a Motion to Satisfy Judgement does nothing more than show that the judgment was satisfied within the negative entry in your credit report. It will remain in your Credit Report (showing satisfied) for 7 years as allowed by law. Now, if someone knows in DETAIL (please be specific with your answer along with Links if referenced) how to truly remove a satisfied/paid judgment within the 7 years then please let us all know. It should be removed automatically after seven years, but even a judgment that's satisfied can't be removed before then. Your credit history - the good and bad - is reported for a period of seven years. I went through the same situation with a satisfied judgment that wasnt updated by the plaintiff. However, I found the credit bureaus helpful b/c I was able to go online and dispute it through annualcreditreport.com along with other stuff I know I paid. They updated it within a week and I had about 5 accounts updated (even some I know I still owed) I pays to stay on top of your credit, some companies may change names, lenders, go out of business (you never know) So, my advice is to dispute it on your credit report. Anyway, Good Luck with your lawsuit. I agree with the above. I recently disputed a judgment that was satisfied but it wasn't being reported that way and they just deleted it. A satisfied judgment should stay on your credit report for 7 years from the last activity. It can only be removed by the court that placed in on your credit report or by the credit bureau reporting it. You can request to both to verify the account is yours and if they judgment is not verified it can be removed. A satisfied judgment does not have to stay on for 7 years at all. This is a myth. You must understand the law. It states that derogatory entries can stay on your report for 7 years, not mandatory that it will. The key is can stay on!! That part of the FCRA is in place for people who do not check there credit regularly. So it gives a limit to the holder of the debt or plaintiff to pursue resolution to get debt paid!!! To get removed all you have to do is get notice from original plaintiff that through the courts the debt has been paid. They will acknowledge this and get you a statement letter of satisfaction. Take that letter to the court that rendered the Judgement and they will update. The next step is in writing contact the Credit Bureaus and show cause for a dispute! The cause will be that per the original plaintiff the derogatory entry should be moved. They will have to investigate this for you and when they call the original plaintiff they will not respond and the Bureau will remove within 31 days. I have helped people get over 20 judgments removed this way!
Asked in Personal Finance, Loans, Money Management, Credit
What are the 5Cs of credit?
5 C's of Credit refer to the factors that lenders of money evaluate to determine credit worthiness of a borrower. They are the following: 1. Borrower's CHARACTER 2. Borrower's CAPACITY to repay the loan 3. COLLATERAL or security/guarantee for the obligation 4. Borrower's CAPITAL (business networth) or downpayment for the loan 5. Present and anticipated CONDITIONS of the borrower, collateral, business, and the industry or economy in general
Will settling a credit card debt hurt your credit?
The first step that most U.S. banks require to begin the settlement negotiation process is that the customer must be delinquent in his or her monthly payments. So, initially, yes is the answer, as missing monthly payments will reduce your credit score. The longer the payments are missed, the more the score will drop. However, once you reach a negotiated settlement, the bank will report to the credit bureaus that the account is "paid, settled for less than amount owed." While this doesn't rate your score as high as an "account paid in full" note, you will actually see a rebound in your credit score as accounts are settled because a settled account, even if for less than the total originally owed, is better than an outstanding or delinquent account. Lastly, if you are considering debt settlement as an option, a better question to ask isn't simply, "Will is lower my credit score," but rather, "Is it worth lowering my credit score to settle the account." If you have a significant amount of debt and know you can save 'thousands' or 'tens of thousands' of dollars through a settlement, it may be worth the extra few points in interest you might pay on a new loan to settle your delinquent debt. You want the item on the credit report to state, Paid. Do not accept anything less. Actually, it would be better if you could get them to delete the item when you pay it off. Send them a 'pay for delete' letter via certified mail. If they agree, make sure you have it in writing. I also suggest you offer less than is owed, 35 - 50% of total debt. Know that your credit scores are marked according to the age of the history. If you are wanting to fix your credit score for a possible loan, do not pay on anything over two years inactive. Doing this will bring the account current and negatively affect your credit score more. If you are looking for long term credit repair (not a loan soon) than pay the charged off account off. There are three main credit bureaus -- Transunion, Experian, and Equifax -- and that they give you a grade on your credit-worthiness according to what your creditors report to them. While each of these three bureaus may have some small variables that differentiate their scoring, the FICO scoring model is still the heart. FICO stands for Fair, Isaac and Company, the group that designed the model. Here is how they say the score breaks down: 35% - payment history 30% - amounts owed 15% - length of credit history 10% - types of credit 10% - new credit Getting a credit report is quite simple, but getting your credit score can be much trickier. Make sure any company you pay to send you your credit report is also sending you the credit score, so you know the exact number that lenders are receiving. (Most companies will charge extra to show you the scores.) Credit.com is one place that will send you a credit report and your credit score for free -- but you have to remember to cancel your membership within their 30-day period, and you only receive one of the three bureau's reports. Credit Resource Corp. refers their clients to an Annual Credit Watch Program that will give you 24/7 access to your updated credit reports and credit scores from all three bureaus without causing a HARD INQUIRY. Most delinquencies aren't reported to the credit bureaus until after they are 30 days late. This allows for a small grace period - which is supremely helpful to folks who aren't adept at organization. What's valuable to know is that delinquencies which occurred within the past 2 years are of greater weight than older items. That means that if you see an item sent to collections, it might actually hurt you to pay it off during the loan process if it's more than two years old. Why? Because paying collections will decrease the credit score due to the date of last activity becoming recent. But if you do decide to pay off a collection, MAKE SURE that the creditor gives you a letter of deletion first. If, however, you have any recent accounts with past-due amounts, paying them off immediately will help your credit score. Again, if you do decide to pay off a collection, MAKE SURE that the creditor gives you a letter of deletion first. Here are more opinions and friendus: Yes, it could. Although credit card companies may encourage you to settle your debt with the help of a credit counseling service or a debt repayment plan, as an alternative to bankruptcy (where they may get nothing), this step would still become part of your credit history. According to the FTC, "the use of debt counseling may appear on your credit report. Some creditors consider this activity negatively; some may consider it as a positive step." In addition to the above, Creditors will sometimes offer you a straight settlement through their collections department (I know, I used to be a collector) and I strongly advise you to NOT TAKE IT. Although it may sound nice to give them a one time payment and be done with it, the debt will show on your credit report as SETTLED. Other lenders will look at that and not be as willing to lend you money down the line (or an apartment, job in finance, etc.) for fear that you will not be willing to repay the full amount you owe them. Credit Management however is only a temporary mark on your credit. As soon as you are done with the program, the mark falls off. Most Credit Management companies will have you sign an agreement that you will not open any more lines of credit or loans while on their program anyway though, so it isn't that big of a deal. No one will be looking at you. Relax. Two years from now (2009) greater than 40% of the population will have poor credit scores based on todays credit rating system. This means that the banks will be forced to lower their credit rating standards if they want to obtain new business (lending). Considering that it is the banks who first created the profitable cycle (for them) of organized periods of boom then bust at the expense of Joe citizen, it would be a moral hazard for you to pay them anything. The banks have avoided any recent possible losses by raping the U.S. treasury, your money, and now they want you to continue paying them. This is double dipping. Go ahead and forsake your credit score today because the system will change and in two years you will be allowed credit again. Yes, almost anything will for a short time. Your score moves up and down like a merry go round. But if you follow the advice above it will bounce back quickly. EX- I charged 10.000 in June on a card but paid it in full ex for 5.00 in July, my score went from 748 in June to 720 in July and the to 740 in august. Find financial consultation for free, there are many financial institutions that provides consultation for free. Try visiting totaldebtservices.com