Archive for the ‘Misc.’ category

Affordable credit repair solutions

June 16th, 2008

Consumers are often overwhelmed by credit repair. The words alone send some consumers into denial. Most are afraid they’ll make their credit worse or they assume hiring someone to do it for them costs too much money.

That’s not always the case. With the advent of technology, streamlining credit repair is getting faster and better for consumers. About 10 years ago, it was a tedious process getting your credit reports to a credit repair agency and waiting for results.

Nowadays, it can be as easy as signing up online and sitting back waiting for the results. Don’t get me wrong, I think a lot of people have what it takes to do the task themselves but if you’re one of millions who find it overwhelming or simply don’t understand or have the time to fix your credit, then hiring a pro can be beneficial.

As always, as with any service, know who you are hiring. When seeking a credit repair company always look to their policy of refunds or guarantees. Make sure the company has a clean and clear BBB record (Better Business Bureau) and make a list of questions to ask before you sign up.

Once you’ve decided who you’ll hire then you can get on the road to better credit. Critics often say that credit repair is impossible. I don’t buy that at all. I’ve repaired many many credit reports. It’s possible and fortunately for us consumers, the bureaus and creditors make lots of mistakes.

I say make your credit the absolute best you can. Once you get there, keep it pristine.

A good source of FAQ about credit repair is DSI. Click here to read their FAQ on credit repair procedures, guarantees and more.

How to fix mistakes in your credit reports

June 16th, 2008

Statistics say over 70 percent of consumers have at least one error on their credit report. Errors almost always affect your credit score negatively, which means you won’t get those good deals on credit cards, auto loans, or even a mortgage.

But while it’s time consuming, it’s not difficult to erase mistakes from your record. Eddie Daroza, is a personal investor and stock market junkie. Besides contributing content to efinancedirectory, he works on the financial news show Rob Black and Your Money, broadcast daily on San Francisco’s KRON 4. Eddie is also a reporter for PBS’ Update News.

Verifying Your Credit Score

Yahoo Finance, Finance.Yahoo.com, says, you should actively work to keep your credit report true. Credit bureaus don’t verify information provided by your lenders, so it is up to you to make sure everything is in order. Interest rate specialist Bankrate.com says, because of the Fair Credit Billing Act, credit bureaus are required to promptly fix errors in your report, and do so without damaging your credit. As soon as they receive your letter of dispute, they have thirty days to investigate the claim.

How to Correct Errors in your Credit Report

Once you have downloaded your free report from one of the three credit bureaus (Equifax, Experian, or TransUnion), clearly mark all discrepancies and the reasons they are wrong.

Provided with your report is a dispute form. Fill out the form, and either submit it through a link on their webpage, or send it by mail. Along with the dispute form, include a letter detailing inaccurate claims. Bankrate.com has sample letters on their site with the proper way to address the bureau.

After completing their investigation, the credit bureau will remove any items they do not verify as accurate. If the bureau makes any changes, they will send you a free, updated report.

Also, on their website, Bankrate has a document titled 7 Steps to Fixing Your Credit Report, which is a good reference for tough problems.

For more information on credit reports visit www.bankrate.com, www.finance.yahoo.com, or www.freecreditreport.com 

Author: Eddie Daroza, is a personal investor and stock market junkie. Besides contributing content to efinancedirectory, he works on the financial news show Rob Black and Your Money, broadcast daily on San Francisco’s KRON 4.

Eddie is also a reporter for PBS’ Update News.Eddie Daroza, is a personal investor and stock market junkie. Besides contributing content to efinancedirectory, he works on the financial news show Rob Black and Your Money, broadcast daily on San Francisco’s KRON 4. Eddie is also a reporter for PBS’ Update News.

Fixing your credit from divorce

December 11th, 2007

Getting divorced is stressful enough but the effects on your credit reports can literally ruin you- financially. The good news is however that you can clean up your credit after a nasty divorce using some pointers below along with a lot of patience.

Determining your credit issues

First of all it is absolutely necessary to evaluate your credit as it stands now. Are there major issues like a pending foreclosure, unpaid credit card debts or even back child support hindering your credit? If so you need to approach each issue separate and use any documentation you have to prove that the item doesn’t belong there. Of course in a marriage both partners are usually responsible for debts incurred during the marriage but if the debts were incurred while you were separated or without your knowledge then you may not be liable for those debts. Sitting down and reviewing all three credit reports is a must.

One item may not be on all three credit reports so before you can begin disputing the entry to a credit bureau you have to determine which bureau is picking up the item and then write your dispute to that particular bureau. In your dispute be concise and include any documentation you have such as a copy of your separation agreement and who is to pay the debt and or your divorce papers to prove the debt was incurred after the divorce and without your knowledge.

Please note however that even a court ordered agreement of who pays what from the marriage does not overrule a contract that was created during the marriage. The creditor doesn’t care who the judge ordered to pay the debts and if one person defaults they have the right to go after either or both.

Contacting the credit bureaus

Once you have determined which debts you are going to challenge you then need to draft your dispute letters to the credit bureaus. There are three major credit bureaus and soon there may be a fourth bureau that you will have to consider.

Equifax P.O. Box 740241 Atlanta, GA 30374 800-685-1111

TransUnion Consumer Disclosure Center P.O. Box 390 Springfield, PA 19064-0390 1-800-888-4213

Experian P.O. Box 2104 Allen, TX 75013-2104 1-800-682-7654

Be sure to send your disputes CMRR- certified mail return receipt so that you will have a paper trail of your communications with the credit bureaus. By law the bureaus have 30 days to investigate the items and send you a new updated version of what they decided. If any portion of the item they investigated was obsolete or unverifiable, it will be removed. Even accurate but negative credit can be removed because the credit bureaus must be able to verify everything as 100% accurate. If they cannot, the item must be removed. This is how many charge offs, judgments, liens and even bankruptcies are removed. The Fair Credit Reporting Act governs these actions.

How long can bad credit remain legally?

That depends. It is 7 years for debts and 10 years for bankruptcy although some credit bureaus only report a bankruptcy chapter 13 for 7 years because at least the debtor is attempting to repay his debts. Judgments can remain until the statute of limitations expires to collect it.

Following up

Just as disputing is the only way to get results so is follow up. Without a solid plan of attack you will accomplish very little. Be sure you are diligent about following up on the bureaus investigation and if need be turn your efforts to the original creditor or the source reporting the item. If you are a patient person you can use credit repair aids and do the work yourself. If you are looking for convenience then you can hire a credit repair attorney to do the work for you. Either way the same methods are used which are disputing to the credit bureaus using the FCRA- Fair Credit Reporting Act, validating debts, checking SOL’s (statute of limitations for the collectibility of the debt) and and being persistent.

Kristi Feathers is an author and speaker on credit issues. To reach Kristi you can visit her site at http://www.kristifeathers.com/ or http://www.carreonandassociates.com/ to purchase her credit management guide for consumers

Credit Repair: Is it easier than you think?

December 11th, 2007

Credit remediation is a subject consumers often face with fear and trepidation, and for good reason.

With the exception of recognizing that the best score wins, the average home shopper knows very little about the whole credit scoring process. Sub-prime borrowers who are eager to move into A-Paper territory often find themselves at a loss when trying to find ways to upgrade their credit history. The good news is there are ways to improve less-than-perfect credit scores and obtain a loan for the home you really want.

The first step in the process is making sure that you have a current copy of your credit report. Congress recently amended the Fair Credit Reporting Act so that consumers may now receive one free credit report annually. There are three major credit bureaus: Equifax, Experian, and Transunion. Since entries can vary across bureaus, you’ll want to request a free report from each of the three companies. (Go to www.annualcreditreport.com)

It’s also important to know just what a good credit score is. Most A-Paper scores generally begin around 680, although this number may differ slightly among lenders. Don’t despair if you come up shy, there is always room for improvement. Increasing your score just 5 points can save a significant amount of money. For example, if your score is 698 and you increase it to 703, then you could save yourself thousands of dollars over time as a result of a slight improvement to your loan’s interest rate.

While credit repair is necessary for some, it’s not the only way to increase your credit score. Even if you have stellar credit, you can enhance your score through these steps:

- Evenly distribute your credit card debt to change the ratio of debt to available credit. Let’s say you have a credit score of 665. If you have debt on only one card, and four additional credit cards with zero balances, evenly distributing the debt of the first card could move you closer, and possibly into, that ideal bracket.

- Keep your existing accounts open and active. The average consumer is usually anxious to close credit card accounts that have zero balances, but doing this can cause them to lose the benefits of a long-term credit history and increase their ratio of debt-to-available credit. The bottom line is don’t close those old accounts.

- Keep credit inquiries to a minimum. Each inquiry into your credit history can impact your score anywhere from 2-50 points. When it comes to mortgage and auto loans, even though you’re only looking for one loan, multiple lenders may request your credit report. To compensate for this, the score counts multiple auto or mortgage inquiries in any 14-day period as just one inquiry, so try and stay within that time frame.

Remember, credit scores don’t change overnight. Improving them requires time and diligent effort on your part, so it’s a good idea to get the ball rolling at least three to six months prior to submitting your application for home financing.

If credit repair is what you need, you can either begin the process yourself  or seek out a repair service. If you decide to make your own improvements, visit as many Web sites as possible to get information regarding credit laws and consumer rights. Diligently search through them and educate yourself to ensure that you don’t sustain any self-inflicted wounds. A good place to start would be the Federal Trade Commission’s Web site, which contains a wealth of helpful literature.

If you’re facing severe or complicated credit issues, then you’ll probably want to enlist the assistance of a professional credit repair company. Before you do, be sure to familiarize yourself with the FTC’s regulations on credit repair. With over 1,100 credit repair companies to choose from, it’s important to be certain you are dealing with a reputable firm. Examine the FTC’s information on fraudulent practices to avoid falling prey to credit repair scams.

Addressing credit issues can be uncomfortable to say the least. But by taking these steps now, you’ll be that much closer to obtaining the home of your dreams.

David Pincus is a certified mortgage planner and is affiliated with Eagle’s Dream Mortgage Planning, a licensed broker, California Department of Real Estate. To obtain a free Consumer Credit Scoring Booklet, call 304-5414. Story source

Additional Resources:
To order your free credit report, go to: www.annualcreditreport.com

To read the Fair Credit Reporting Act, go to: www.ftc.gov/os/statutes/frca.htm

For the Federal Trade Commission’s information on consumer credit, go to: www.ftc.gov/bcp/conline/edcams/credit/index.html

A fresh start with bankruptcy? Lenders holding your credit report hostage after a BK.

November 29th, 2007

This is a HUGE problem. In a financial version of Night of the Living Dead, debts forgiven by bankruptcy courts are springing back to life to haunt consumers. Fueling these miniature horror stories is an unlikely market in which seemingly extinguished debts are avidly bought and sold.

The case of Van Rathavongsa illustrates how canceled debts regain vitality. The Raleigh (N.C.) factory worker pulled himself out from beneath a mountain of bills by means of a bankruptcy proceeding that wrapped up in 2002. One of the debts the judge canceled, or “discharged,” was $9,523 Rathavongsa owed to Capital One Financial (COF), the big credit-card company. But Capital One continued to report the factory worker’s discharged debt to credit bureaus as a live balance, according to documents filed in U.S. Bankruptcy Court in Raleigh.

This kind of failure by creditors to update credit reports happens with some frequency, consumer lawyers and court-employed bankruptcy trustees say. And it can have consequences: In September, 2003, when Rathavongsa tried to close on a $274,650 mortgage for a new house, his would-be lender, Wachovia (WB), said he would either have to pay Capital One or show proof from the credit-card company that the debt had been discharged. Despite several calls and a letter from his attorney, he says, Capital One never revised the credit report. To obtain the home loan, Rathavongsa eventually did what many consumers in this situation do. He gave in and paid Capital One $9,523 he no longer legally owed.

“Happens All the Time, Your Honor”

Because of episodes like this, discharged debts have attracted the attention of little-known firms expert at buying and selling a range of delinquent consumer obligations. Back-due bills with a face value of billions of dollars change hands at a steep discount every year. Five of the companies in this business are publicly traded on Nasdaq. Others have large private-money backers. B-Line, in Seattle, was acquired last year by the Dallas-based hedge fund firm Lone Star Funds. The investment bank Bear Stearns (BSC) owns two bankruptcy-debt buyers: Max Recovery and eCast Settlement.

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Credit repair tips and pitfalls

November 25th, 2007

Are you new to credit repair or an old hat at it? Either way, I bet you have been through the old dispute process, at least in your mind if not on paper. I can remember when credit repair was a dirty word. Anyone involved in credit repair was thought to be a scam and a scum. That was only about 10 years ago. Now, you can find credit repair all over the Internet. Everyone’s doing it. But… just because someone throws up a 10.00 web page doesn’t mean they are credit experts.

It’s so frustrating for me to see hundreds of so called credit repair experts littered all over the web. Just yesterday I found about 5 websites that had taken my information from other financial websites that I consult for and recycled the information into their own, and along the way, tried to make themselves appear as credit experts. I hope no one bought their shabby service (whatever it was they were selling).

Yes, credit repair is real but it’s not a secret trick. It’s not insider information locked within the vaults of the Big Three, (Experian, Trans Union and Equifax). It’s a real process just like balancing your checkbook, organizing your business expenses or any other business transaction. It’s a PROCESS. A process of not just writing mindless dispute letters but a process of validation and disputation.

When credit repair first started it was pretty much dispute letters sent off and you just sat back and waited (and prayed) for the bureaus to send back an investigation result that said “deleted”. Boy what a rush that is. But it’s not that easy nor should it be. I have been dealing with credit report issues for over 20 years and I remember when I sounded like the town crier trying to convince anyone who’d listen that credit repair isn’t just letters being sent out and hoping for the best. I would scream at the top of my lungs, “it’s validation, negotiations and disputation”.

Soon after, it seemed every knock off credit repair website was acting like they discovered it- invented it. No. It’s always been there and now I am going to tell you what it is.

Credit repair is like a good recipe. A recipe of knowledge and action. First, you educate yourself then you put that education into action. Credit bureaus are a for profit business. They make money selling information, not by standing by waiting for disputes. Because they are an information provider they also house information in databases. Millions and millions of information bits. They (the bureaus) are only a part of the PROCESS. On the other end is the creditor or the source- the entity that reports information about you to the credit bureaus. The two come together like a not so fine oiled machine. Mistakes in reporting happen and lots of them. Thats where credit repair comes in. The bureaus house your information, the source reports your information and you need to work those two to get the right results.

Consumers ask me all the time “Can’t I fix my own credit, why would I pay someone”. It depends. If you like to do the work yourself and you know what you are doing then do it yourself- save your money. If you have no clue what you are doing then hire someone to do it. Just be careful to hire someone who knows exactly what they are doing and either way, take responsibility for the results. Do your homework whether it’s researching credit repair methods yourself or researching the company that is doing it for you. Anti-credit repair lobbyists will say “do not attempt it, it’s illegal”. Not true. Questioning anything in your credit reports is legal. It’s a consumers right, but when I say take responsibility,  I mean, if you question a debt and it wakes a giant then that’s your fault.

Here are my tips for doing it right:

Know the laws that protect you
This is first on this list. After all if you don’t understand what rights you have about your credit how are you going to begin the process? The Fair Credit Reporting Act, (FCRA) is a federal law and it’s your weapon of choice. Study it. You’ll also want to know about The Fair Debt Collections Practices Act (FDCPA). It regulates third party debt collectors.

Be careful what you question
If you have debts that you consider to be wrong, by all means, dive right in and go to war. Question that item with all your might. Use any proof you have to show you’re right. On the other hand, if you have debt(s) that you know are accurate (like a charge off or collection account) then think it through before you question it. What if you send out a dispute on a debt that was previously written off and forgotten about, and your dispute has now been forwarded by the credit bureaus to the creditor or collection agency, and now they know you’re out there? You may have just created a lot of trouble for yourself. The point is, know what you’re doing.

Consider the source
Are you questioning a debt that belongs to an original creditor or a collection agency. A collection agency must abide by the Fair Debt Collections Practices Act while an original creditor does not. Many violations can be discovered when dealing with a collection agency and those loopholes can help you remove the item.

Keep records
This is really important. Keep a paper trail of everything you have disputed so that you have it handy for follow up. Seems simple but it’s often overlooked. Write down everything. Who you talked to, where you sent your disputes, what came back and why. It’s part of the PROCESS.

Review all three credit reports
What might be in one may not be in the other two so make sure you go over all three before you send out a dispute. If you don’t, you will waste time and risk opening up a can of worms. The bureau may contact the other two to confirm the item- thus inserting it where it once was not!

Consider the negotiation process
If an item is accurate and you’ve been unable to remove it, then you have to consider negotiations. This is where you’ll work to settle the debt in exchange for a deletion or better rating. This is only done if the item is 100% accurate and you want it removed. Also be sure to consider time limits of older debts before you negotiate anything. Debts have statutes’ of limitations for reporting and collecting. They vary by state and your debt may be legally expired – to report and or collect, and that would result in a deletion.  If you question a debt ready to expire, you cause a lot of problems for yourself so pay attention to dates of activity such as charge off date and originally reported date.

Resources
Here are some excellent resources to help you better educate yourself before you undertake the project of credit repair. These resources are invaluable in your efforts

Nolo: This is a great place to look up credit related matters. Lots of free articles and credit repair information. Nolo- law for all.

The Credit Library: This page has so many articles that it can be overwhelming. You can find credit bureau articles, collection agency issues and look up statute of limitations rules. Bookmark it so you can find it easy when you start your credit repair. You don’t need to register to read the articles that are free.

Financial Books: This page has some great credit repair books.

Credit Repair Service: If you’ve decided to hire someone to do the work for you, I recommend Lexington Law.

Article author:
Kristi Feathers is a credit and collection expert. This article cannot be reproduced without her permission. You can contact her at www.KristiFeathers.com

Big Financial Blunders To Avoid

November 22nd, 2007

If you have bad credit you may be very vulnerable to fall prey to these scams and blunders. They focus on the credit-needy and come at you at the worst time- when you are in a bind to rebuild credit or trying to get a loan. Before you sign documents out of desperation know a few key warning signs. While you may be thinking that you are a very sensible person that would never fall prey to such scams, you can be dead wrong. The credit scams are organized in such a way that even the most financial savvy person can fall into the traps of greed and urgency.

Credit Restoration companies:
These companies will promise to correct your credit for a fee. You think they can do things for you that are only known to the insiders of the industry. Not true. They are no more privy to credit secrets than you. Simply put, there are reputable sources and scammers. Scammers will promise you a new identity and claims of perfect credit within 6 months. They claim to be able to remove bankruptcies, charge offs, collection accounts and more. The truth of it is, they can do nothing more than you could do given you had the right tools which is nothing more than the law and education. On the other hand reputable sources can be used as a credit tool. Reputable companies will not tote miracles.

By researching laws, arguing over inaccurate credit reports and negotiating with creditors, you can improve your credit legally and ethically. Reputable credit repair agencies are rare in deed. You will not find droves of really reputable credit restoration companies because the reputable ones don’t operate solely as credit restoration. Usually they consist of financial planners, mortgage brokers and credit officers who, over the course of years in the field, have mastered how to effectively improve credit. It’s not that they have special access to any miracle cure, they are simply in the business and know how the industry operates and can help you achieve maximum results is rebuilding your credit. Credit rebuilding takes time. You will not wake up tomorrow with perfect credit. It will take months of disputations, negotiations and proper use of new and established credit to see real changes that are positive.

Credit Restoration software:
You see the ads and think it must be some special top-secret credit repair software that will magically wipe away all of your bad credit. The companies tote that it’s “Amazing”, “Never before seen” and you are “so lucky to have found it”. Wrong! credit restoration software is nothing more than an electronic book of tips and tricks. Some offer legal solutions while others offer to teach you how to obtain false identities or new credit files. The Internet is a breading ground for these scams, taking millions of consumers for huge amounts of money every day. What you will find once you purchase the software is usually nothing more than a few pages explaining how to apply for new credit or so-called “Build your credit fast” scams all to coerce you into spending more. There are some really good resources but many are books written by attorneys or credit specialists who know what you need to do in realistic terms to properly increase your credit score and build good credit.

Divorce Decrees:
If you are unfortunate enough to suffer through a terrible divorce then don’t make it worse by thinking the spouse is liable to pay certain debts. Many people think a divorce decree overrules a written contract. It does not. A divorce decree is simply what the judge has found fair for both parties to pay. It does not cover default. If you default on your debts thinking you can get out of them because the judge awarded the other party liable, you are wrong. Should those debts go delinquent, all parties who signed them or lived in a joint property state will be liable for debts incurred during the marriage.

Cosigning loans:
How many times have you cosigned a loan for one of your children? Probably at least once, as many parents have. This is O.K. if you implicitly trust your child and have the money to pay it in case they can’t, but if you know little about your responsibilities as a cosigner then think before you sign. First off, your credit will be affected if the payments are late. The credit history is reported on the cosigners credit reports and can be calculated into your debt ratio when you apply for a loan later. You could be denied if your debt ratio is high because of co signed loans that you really are not paying. It doesn’t matter if you pay it or not, the liability is there for payment so it is included in your debt ratio. Your kids or brother may have the best intentions for paying the loan back but just know what you are putting at risk by signing that loan document. Your Credit!

Advanced fee loans:
These can be very sneaky to reveal as scams because many appear to operate as lending institutions. Advance fee loans are pure and simple: Fees paid before the loan. That means the scam artist or so called broker will charge you in advance to find you loans. They soon disappear with your money. Always check these so called advanced fee loan brokers out through your local consumer agency before you pay a penny.

Payday loans:
Payday loans are another trap. Simply put: If you do not have the money now, what makes you think you can pay back an advanced loan with fees in a week or two out of your paycheck? This is a bad cycle to get into and the industry makes millions off of desperate consumers.

Credit Card Insurance:
This is one of the biggest wastes of money. The fact is only a small handful of people will use this “Insurance” but the fees you pay out for it can really add up. They promise to pay your credit card payments should you become disabled or unemployed. That may be fine if you think that is a real threat in your life but on the average, the industry cranks in millions and most consumers never use the insurance. In addition they reap the fees and if you are disabled or unemployed the insurance simply pays off their investment-Your Debt! So who is the real winner here? The insurance company ad the creditors. The other bad part of this offer is that they add it onto your credit card bill usually monthly or quarterly. That can add up because you are already paying interest on your debt, now you will be adding interest to your credit card insurance. Doesn’t sound like such a great deal anymore does it?

Extended Warranties:
This is another offer that literally bilks millions each year. Most of the major appliance stores and computer stores offer it with the tag line, of “Never pay for repairs” and again the odds of you using this out ways the justification of the fees. Extended warranties, promise for a fee to cover any mechanical failures should your regular warranty expire. How many times have you actually had a computer or refrigerator die the day the warranty expires? Rarely, most mechanical breakdowns will happen while the original warranty is valid. You are literally throwing your money away by signing up for these extended warranties. Unless the actual purchase is so grand that it warrants the additional coverage don’t do it.

Credit Card or fraud protection:
This is one of the biggest rip offs today. Companies will convince you that you need fraud insurance to protect you in case your credit card is ever lost or stolen. This way, you pay nothing for the charges. Hello! There’s a law that says you are not liable anyway unless you were actually involved in the fraud or did not act responsibly in preventing it. Even then you usually only pay the first $50.00 in damages as a deductible. No person can legally be held liable for credit card fraud. The Fair Billing Act, Truth In Lending Act and other various consumer protection laws protect you. This coverage is a HUGE waste of money. 

Loan Agreement Extensions or Skip-a-pay plans:
Again, these are just well hidden ways to get you to pay more. Say you have an auto loan with your credit union or bank or even a credit card. The bank offers to do you a huge favor by letting you skip a payment during the holidays or if you are low on cash one month. What you are really getting is 30 to 60 days of unpaid interest added to your debt, which in the long run will add more to what you owe and take you longer to pay off. Solution? Don’t do it. You can come up with the money each month as you always have if you curb spending and pay your bills out of a well-defined budget. Living on borrowed money does nothing for you.

Robbing Peter to pay Paul:
This may not be a scam but it’s a very bad habit. If you can’t pay the debts you have right now what makes you think that taking out another credit card debt to payoff an existing credit card debt is any better? Many people do this or use the card for monthly living expenses. Very bad move. If you use the cards to pay living expenses then obviously you wont be able to pay back the loan much less your rent the next month along with your new credit card debt. Transfer balances only if doing so is going to reduce your interest rate or because you are going to consolidate two cards into one for a lower payment.

Getting Pre-approvals in the mail:
How many times have you filled out those little pre-approval cards that come in the mail and guarantee you a credit card? What you are really getting is a guaranteed offer to apply based on your credit. It does not mean you were approved it just means you pre-qualified for overall credit worthiness based on a prescreening that creditors do using the credit bureaus. Most of the time, you are denied after and stuck with yet another credit lowering inquiry. Don’t fill these out unless you really think you qualify and need it. No one needs 100 open accounts anyway. Use your head. If you have bad credit and get an American Express offer, do you really think you will get it?

Loan Sharks:
These so called agents or brokers offer you loans at exorbitant fees, which can be usury. They charge you enormous fees to lend you money when no one else will. Think before you do it or you could be paying up to 51% interest to some crook. Try other methods like family or friends with an interest rate acceptable to both of you.

Cross Collateral Clauses:
Again, while certainly not illegal, many people have no idea what they are really agreeing to by signing loan documents with a cross collateral clause. Credit Unions and Banks insert this little clause as a way to secure your signature loans or credit card debt to an existing auto or home loan. Why are these so bad? Because if you ever get to a point that you can no longer pay your debts and decide to file bankruptcy but keep your car or house, that little clause will give the creditor the right to consider that debt secured and refuse it to be discharged in your bankruptcy unless you return the car or house too! Can you imagine having 2 or 3 credit card debts with your credit union for 15,000.00 and thinking you have freed yourself from them only to find after you have filed BK that the debts are not dischargeable! Not only do you now have a BK on your credit reports, you still owe a massive portion of debt that you thought was unsecured! Read before you sign! A cross collateral clause should be very obvious in your documents and many states require that you initial next to it to insure compliance.

PMI or forced auto insurance:
This is a real rip off but completely legal. If you have an automobile financed, do not skip on your insurance. The bank has every right to force on car insurance at extortion rates! The amount is added onto your car loan and you end up financing extremely expensive auto insurance plus interest from the loan. What this means is the loan you thought you had for 48 months has now gone to 58 months with a larger payment and all with interest too!  The same insurance you may pay 53.00 a month for through a private broker is now 283.00 per month for less coverage! And it’s legal! Never EVER lapse on car insurance while a bank holds the title. The other bad part of not keeping the loan insured is that the bank reserves the right to repossess the car for what is called inadequate protection. Just avoid this at all costs. Additionally, if your asset exceeds the cost of loan then you can refuse to insure the vehicle. Example: Car is worth 34,000,00 and you are only borrowing 10,000.00. You should not have to insure the car-based on the value.

Signing “At Will” Employment Applications:
If you interview for a job and sign the employment application, be sure to read the language in the contract. If it states “At Will”, as many do then you may have waived your rights to secure your position. At will means the company can fire you on the spot without reason. There is little you can do about it if you signed the original employment application that warned you about “At Will”. If you see that in your contract, ask questions and try to get a waiver. If the company thinks you are worth it or has been bidding for you then chances are they will waive it.

Mail order:
This one is so obvious to many but others fall victim every day. Ordering by mail by using a select offer from the mail order company. They offer you a credit line of $1,000.00 to buy anything you want and you think it’s either a credit card that you can use anywhere or you think it’s a credit builder. It is usually nothing more than a high interest rate to buy poorly made products through a catalog. You end up paying 180.00 for a 29.00 comforter. Not a good deal at all. Avoid these unless you shop from your favorite catalog using your own preferred credit card.

Prepayment penalties:
While not illegal this is a costly mistake. Before you sign on the dotted line for your new mortgage, read the terms carefully! Many companies in an effort to lock you in will have a huge prepayment penalty of up to 5,000.00 if you refinance the loan early. A very well known bank does this as part of their standard business so that clients can’t refinance a year later when the rates go down. Also be very careful with ARM (Adjustable Rate mortgages) You may get in with a 5.9% credit builder rate but may try to get out at 11%. Read the contracts.

Right of privacy:
Have you ever received all those offers in the mail and keep wondering how the heck you got on the advertisement list? Well, the credit bureaus can sell your information to potential lenders as a form of marketing. Unless you specifically ask to “opt out” then you can literally be placed on thousands of lists. How do you avoid this? First off, when you buy products. Make sure you check the box that says you do NOT want your information sold. Secondly, look at the company’s privacy polices. Finally, contact the credit bureaus and ask to be removed from future offers. If a telemarketer calls you after you have told them not to, they can be fined 200.00 per incident.

Collection fees:
Before you sign for a loan, read the contract for the collection fees. Many states will have a stipulation in the contract that they can charge you extra for future collection expenses or for retaining an attorney. Argue this before you sign, as collection fees are a cost of doing business and you should not sign a contract that states otherwise. In addition some states don’t allow the collection fees unless the debt has gone to judgment, then the collection fees are justified. If you don’t catch it, who will? Certainly not the lender.

Credit card late fees & over limit fees:
Every year the credit card industry collects millions in late fees. While this may be perfectly justifiable in most cases it is not justifiable when the following applies. Say your credit card company reduces your line of credit down because you became delinquent. However they reduced it below what your balance is. Now every month, you are being charged late fees and over limit fees for a limit that is not actually your original limit, so in essence the credit card company has gone over the limit not you. Quickly dispute this if it has happened to you. If the credit card company is so worried about your delinquency then simply have them block the card from future use or request that you return the card. Demand that the late fees and over limit fees be reversed. Millions of Americans have paid unjustifiable late fees and over limit fees.

Assigning a power of attorney:
Many people will assign a power of attorney to a financial planner or relative without fully understanding what it means. If you do sign a power of attorney then be sure to have a good attorney review the language. You may just be signing over your entire fortune to a scammer. Some brokers convince clients to sign a power of attorney and then Willy Nelly them right out of their savings. Be cautious and careful when assigning power of attorneys.

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What to do if a bill collector crosses the line

November 22nd, 2007

Here’s what to do if a bill collector uses abusive tactics.

It’s stressful to be unable to pay your bills on time. It’s even more stressful to hear from a bill collector about those overdue debts. Although bill collectors can be persistent (that’s their job), many are careful to follow the law when contacting you. Unfortunately, some are not. If a bill collector oversteps the bounds of the law, you can take action.

The Fair Debt Collection Practices Act

The federal Fair Debt Collection Practices Act, or FDCPA (15 U.S.C. § 1692 and following), prohibits certain debt collectors from engaging in abusive behavior. It covers debt collectors who work for collection agencies. It does not cover debt collectors that are employed by the original creditor (the business or person who first extended you credit or loaned you money). If a debt collector that works for a collection agency breaks the law, you can take steps to make sure it doesn’t happen again.

What Bills Collectors Can’t Do

Bills collectors from collection agencies cannot do any of the following:

  • Call you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable).
  • Place telephone calls to you without identifying themselves as bill collectors.
  • Contact you at work if your employer prohibits it.
  • Use obscene or profane language.
  • Use or threaten to use violence.
  • Claim you owe more than you do.
  • Claim to be attorneys if they’re not.
  • Claim that you’ll be imprisoned or your property will be seized.
  • Send you a paper that resembles a legal document.
  • Add unauthorized interest, fees, or charges.
  • Contact third parties, other than your attorney, a credit reporting bureau, or the original creditor, except for the limited purpose of finding information about your whereabouts (collectors can also contact your spouse, your parents if you are a minor, and your co-debtors unless you have asked them in writing to stop contacting you).

 Here’s what you can do if a debt collector engages in illegal activity:

1. Tell Them to Stop

Under the FDCPA, you have the right to tell a collection agency employee to stop contacting you. Simply send a letter stating that you want the collection agency to cease all communications with you. All agency employees are then prohibited from contacting you, except to tell you that collection efforts have ended or that the collection agency or original creditor may sue you.

You can do this even if the collector is not breaking the law, but many debt counselors feel that, unless you’re judgment proof (that is, broke) or truly plan to file for bankruptcy, the best overall advice is not to ignore the debt or try and hide from the debt collector. Usually, the longer you put off resolving the issue, the worse the situation and the consequences will become. Whether you negotiate directly with the collector or obtain a lawyer’s assistance, many counselors feel the best strategy almost always is to speak to the collector.

2. Document Illegal Behavior

If a debt collector breaks the law, document the violation as soon as it happens. Start a log — and write down what happened, when it happened, and who witnessed it. Then, try to have another person present (or on the phone) during all future communications with the collector. In some states, you can record phone conversations without the debt collector’s knowledge. In others, this tactic is illegal. Check with your state consumer protection agency to find out what is permitted where you live.

3. File a Complaint

File an official complaint with the Federal Trade Commission (FTC), the federal agency that oversees collection agencies. Ask the FTC to send you a complaint form, or just write a letter. Contact the Federal Trade Commission at 6th and Pennsylvania Ave. NW, Washington, DC 20580, https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01. Include the collection agency’s name and address, the name of the collector, the dates and times of the conversations, and the names of any witnesses. Attach copies of all offending materials you received and a copy of any tape you made.

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