Posts Tagged ‘validation’

Will paying off a debt remove it from my credit reports

November 2nd, 2009

money- troublesWell that depends on you. Yes you. If you have a debt in collections and you’ve decided to pay it off because someone advised you to do so- perhaps a mortgage lender, then you’d be surprised to know that that may be a very bad idea.

If an account has been placed on your credit reports that is negative such as a charge off, collection account or repossession, simply paying the balance will NOT improve your credit. Here’s why.

A bad account status like a charge off, collection account, repo, foreclosure etc is considered negative and as bad as it gets. The rating is commonly referred to as an R-9. To put this in perspective, an R-1 is a perfect credit rating. An R-9 is negative and unfortunately if you pay an R-9, its still an R-9. Its simply paid now, which has released you from financial liability but your credit reports are still left in ruin.

The best route to take is to NEGOTIATE THE RATING IN EXCHANGE FOR THE PAYOFF.  It’s done everyday- believe it or not. Sure an original creditor may not agree to these terms but a third party debt collector will. Most negative accounts past 180 days delinquent are sent to third party debt collectors. Once that process happens, you are in a better position as far as negotiations of the credit rating go.

A third party debt collector will often settle the account and delete the credit rating because all they are concerned with is getting paid. An original creditor will not approach a debt this way, but a bill collector will.

By getting the debt collector to agree to settle the debt for this exchange, you will gain something from the payoff as well.  Keep in mind there are a few instances where you will want to pay the debt off even if the collector refuses to improve your credit rating.

For example, a collector has absolutely refused to remove the rating, you’ve received validation that the debt is accurate and you need this account to show paid because either you are being forced to by a lender before they issue you a loan, or you want the collection agencies to leave you alone and are worried about being sued. This is when you need to pay the debt if negotiations have fallen through.

When dealing with a collection item you must always attempt to negotiate the rating before you pay a dime. Not doing so is a very bad financial move because chances are, you will get your way. Can you imagine having an item completely wiped away from your credit reports from just a little effort? It’s definitely worth your time.

Related to this story} Validating a debt, how to | Dealing with collection agencies | Sending a cease and desist letter to stop collection harassment.

Article written by credit expert, Kristi Feathers. Kristi can be contacted via her website at www. KristiFeathers.com

Fix your credit by lawsuit? Yes you can

October 27th, 2008

If you have decided to take action against a collection agency for violating the FDCPA we have some tips for you. It’s not easy but it is very do-able and with a little education about the process you can limit the risk of getting your case dismissed.

Do you have a case
First off you need to determine what they did and if it qualifies for a law suit? If you were nothing more than inconvenienced a time or two you may lose or the judge may dismiss the case altogether. Suing a collection agency is meant to give you closure and perhaps damages for a violation but too many consumers run into court and only end up annoying everyone because their case is so flimsy. So what is a good case? Just read some of the successful lawsuits filed by the FTC against collection agencies.

They usually involve repeated phone calls at all hours, threats, harassment or intimidation or obvious violations such as refusing to validate the debt at your request yet continuing to try and collect. Those are all good reasons to take action. It’s also important to show what you did before you took that final step and filed your lawsuit. Keeping good records and receipts is paramount to building a good case.

Building the case
Prior to filing your lawsuit you should have asked the collection agency to stop whatever it was they were doing. For example if you told them to stop calling you and they refuse then you need to follow up with a letter to the collection agency certified mail- return receipt requested putting your demand in writing. Then if the agency refuses to stop you have proof that a letter was sent and received by them and yet they continued. Just claiming you told them by phone doesn’t preserve your rights.

If you have witnesses to the harassment then take notarized statements from them to back up your case. If you sent them a validation of debt request certified mail but they never responded then you have the certified receipt with the person’s signature to prove you asked. These paper trails can be the difference between winning and losing so document everything. No matter how many letters, faxes, emails or phone calls you made, take time to include copies of your phone bills, emails or fax confirmations so that you can quickly show the judge the agency’s neglect.

Serving the Collection Agency
Where do you sue?
How much can I get?
What if I want to sue them in federal court
What if I want to sue them in state court
Can I go Pro Se

Read more about this topic or find related articles about credit and collection issues>

Writing to a collection agency? Use caution

June 29th, 2008

I’ve spent many years writing a lot of letters. Not love letters unfortunately but letters to deal with credit issues. Letters to creditors, collection agencies and credit bureaus.

You’d be surprised just how many people do not how to write a letter, not because they’re uneducated but because these letters are tricky in nature. Anything you put in writing to a creditor or collection agency can come back to haunt you in a big way.

When a consumer uncovers a negative entry on their credit reports, their first instinct is to contact the source and try to improve it or remove it. But if your dealing with a collection account that is a big mistake unless you know what you’re doing.

The collection agency can easily get you to admit the debt is yours or worse, pay it before you’ve even had a chance to determine if its truly accurate. I don’t think you’d pay someone else’s bills so why pay an invalidated debt?

People do though, all the time. The truth is, you should never simply pay a collection item on your credit reports without first asking to have the debt validated. Validation of debts is where you ask the collection agency to provide proof to you that the debt is valid such as, balance, date of last activity, charges and supporting documentation.

Once you have clearly investigated the debt then you would be wise to send the agency a letter. Phone calls don’t preserve your rights so make sure everything is in writing. Remember, a collection agency isn’t your creditor. They are hired simply to collect debts.

Whether you decide to pay it or dispute it, you need to be careful how you word your letter because it will become ammunition for the debt collector to come after you.

If you decide to pay it, because you’ve determined it is accurate and you owe the money, draw up a letter advising the collection agency that you will pay the debt if they agree to remove the item from your credit reports. You really don’t want a “paid collection account” on your credit because it still looks bad. You want it gone.

Some may say, well isn’t that illegal? Absolutely not. A collection agency owns the right to the debt and just as they reported it, they can remove it. Most of the time the agency only places it on your credit anyway as a collection tool. To get you to contact them. It’s a bargaining chip. It is not the same as a creditor who must report your credit history during the time you do business with them.

I’ve deleted tons of negative entries on credit reports back in the day before I began offering financial advice simply because I asked. You cannot underestimate how bad the agency wants to collect the debt and they will bargain with you.

On the other hand, if you feel the validation process proved the debt isn’t yours or is in some way inaccurate, then you need to proceed with great caution in your letter because anything you say WILL be used against you.

I recommend you first check the SOL (Statute of Limitations) on the debt. Debts expire and if yours has, legally you cannot be sued. Yep, it’s true and everyday thousands of consumers pay old expired debts.

In your letter to the collection agency be sure to list your complaint, I.e, my debt is past the statute of limitations, the debt is not mine, the time allowed to place it on my credit reports has passed and so on.

Be specific and mention nothing about promising a payment if you dispute the debt. Doing so can renew the SOL on the debt all over again.

Do some research before you write any letters and be careful to review and research what you put in those letters to protect yourself. There’s a lot of information online about writing sample letters, researching expired debts and dealing with collection agencies.

Do research until you’re satisfied that you are handling the issue correctly.

Source

Defendants in Debt Collection Scheme Aimed At Hispanics Agree to Settle FTC Charges

June 11th, 2008

Two defendants have agreed to settle Federal Trade Commission charges for allegedly victimizing Spanish-speaking consumers nationwide by posing as debt collectors seeking money the consumers did not owe. They and the corporate defendants they controlled have been barred from further violations of federal law involving debt collection.

According to the FTC’s complaint, Maria Oceguera, her daughter Dulce Rickards (aka Dulce Ugalde and Dulce Ruiz), and others sold an English-language course, “Inglés con Ritmo.” They advertised the course as free except for a shipping and handling fee.

Several years after the defendants stopped selling the course, they tried to collect money, typically $900, from consumers who had purchased or inquired about the course. An overwhelming majority of the consumers who were contacted owed nothing, and yet the defendants routinely engaged in a variety of deceptive debt collection practices. At the FTC’s request, in 2007 a federal judge stopped the operation and froze the defendants’ assets.

Under the settlement, the defendants are barred from violating the FTC Act by misrepresenting that they’re collecting on a valid debt, that they’re attorneys or represent attorneys, that they will take action they cannot take legally or do not intend to take, and that nonpayment of an alleged obligation will result in arrest, imprisonment, or loss of property or wages. The settlement prohibits the defendants from misrepresenting the consequences of paying or not paying a debt, making misrepresentations in order to collect a debt, and misrepresenting or omitting any fact material to a person’s decision to buy or use a product or service.

The defendants are banned from violating the Fair Debt Collection Practices Act (FDCPA) by using falsehood or deception to collect a debt, indicating that they’re attorneys or represent attorneys, and representing that nonpayment will result in arrest, imprisonment, or loss of property or wages unless the action is lawful and they intend to pursue such action. They are also prohibited from threatening to take an action unless it’s lawful and they intend to do so, and from using a business name other than the collector’s real name.

Oceguera and Rickards are also barred from violating the FDCPA by collecting an amount not expressly authorized by the agreement creating the debt or permitted by law;harassing consumers, including causing a telephone to ring or conversing with consumers to annoy or abuse them; and failing to notify consumers of their right to dispute and obtain verification of their debts and to obtain the name of the original creditor.

In addition, the court ordered the same permanent injunctive relief against the companies controlled by Oceguera and Rickards: Tono Publishing; Promo Music; and Tono Records, dba Tono Music; and Professional Legal Services.

The settlement with Oceguera and Rickards includes a $1,186,754 judgment, all but $50,934 of which is suspended based on their inability to pay. The full judgment will be imposed if they are found to have misrepresented their financial condition. The settlement also contains standard record-keeping provisions to allow the FTC to monitor compliance with the order.

By a 4-0 vote, the Commission approved the filing of the consent decree in the U.S. District Court for the Central District of California. On May 1, the court approved the FTC’s settlement with Oceguera and Rickards. On May 27, the court entered a separate final judgment and order for permanent injunction against the corporate defendants.

NOTE: This consent decree is for settlement purposes only and does not constitute an admission by the defendants of a law violation. A consent decree requires approval by the court and has the force of law when signed by the judge.

Copies of the consent decree and order are available from the FTC’s Web site at http://www.ftc.gov and the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., 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 in English or Spanish or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at http://www.ftc.gov/ftc/complaint.shtm. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to more than 1,600 civil and criminal law enforcement agencies in the U.S. and abroad.

Credit score will determine what you pay: Insurance and Loans

June 4th, 2008

Need Credit or Insurance? Your Credit Score Helps Determine What You’ll Pay

Ever wonder how a lender decides whether to grant you credit? For years, creditors have been using credit scoring systems to determine if you’d be a good risk for credit cards, auto loans, and mortgages. These days, many more types of businesses — including insurance companies and phone companies — are using credit scores to decide whether to approve you for a loan or service and on what terms. Auto and homeowners insurance companies are among the businesses that are using credit scores to help decide if you’d be a good risk for insurance. A higher credit score means you are likely less of a risk, and in turn, means you will be more likely to get credit or insurance — or pay less for it.

The Federal Trade Commission (FTC), the nation’s consumer protection agency, wants you to know how credit scoring works.

What is credit scoring?
Credit scoring is a system creditors use to help determine whether to give you credit. It also may be used to help decide the terms you are offered or the rate you will pay for the loan.

Information about you and your credit experiences, like your bill-paying history, the number and type of accounts you have, whether you pay your bills by the date they’re due, collection actions, outstanding debt, and the age of your accounts, is collected from your credit report. Using a statistical program, creditors compare this information to the loan repayment history of consumers with similar profiles. For example, a credit scoring system awards points for each factor that helps predict who is most likely to repay a debt. A total number of points — a credit score — helps predict how creditworthy you are — how likely it is that you will repay a loan and make the payments when they’re due.

Some insurance companies also use credit report information, along with other factors, to help predict your likelihood of filing an insurance claim and the amount of the claim. They may consider these factors when they decide whether to grant you insurance and the amount of the premium they charge. The credit scores insurance companies use sometimes are called “insurance scores” or “credit-based insurance scores.”

Credit scores and credit reports
Your credit report is a key part of many credit scoring systems. That’s why it is critical to make sure your credit report is accurate. Federal law gives you the right to get a free copy of your credit reports from each of the three national consumer reporting companies once every 12 months.

The Fair Credit Reporting Act (FCRA) also gives you the right to get your credit score from the national consumer reporting companies. They are allowed to charge a reasonable fee, generally around $8, for the score. When you buy your score, often you get information on how you can improve it.

To order your free annual report from one or all the national consumer reporting companies, and to purchase your credit score, visit www.annualcreditreport.com, call toll-free 877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P. O. Box 105281, Atlanta, GA 30348-5281. For more information, see Your Access to Free Credit Reports.

How is a credit scoring system developed?
To develop a credit scoring system or model, a creditor or insurance company selects a random sample of its customers, or a sample of similar customers, and analyzes it statistically to identify characteristics that relate to risk. Each of the characteristics then is assigned a weight based on how strong a predictor it is of who would be a good risk. Each company may use its own scoring model, different scoring models for different types of credit or insurance, or a generic model developed by a scoring company.

Under the Equal Credit Opportunity Act (ECOA), a creditor’s scoring system may not use certain characteristics — for example, race, sex, marital status, national origin, or religion — as factors. The law allows creditors to use age in properly designed scoring systems. But any credit scoring system that includes age must give equal treatment to elderly applicants.

What can I do to improve my score?
Credit scoring systems are complex and vary among creditors or insurance companies and for different types of credit or insurance. If one factor changes, your score may change — but improvement generally depends on how that factor relates to others the system considers. Only the business using the scoring knows what might improve your score under the particular model they use to evaluate your application.

Nevertheless, scoring models usually consider the following types of information in your credit report to help compute your credit score:

Have you paid your bills on time? You can count on payment history to be a significant factor. If your credit report indicates that you have paid bills late, had an account referred to collections, or declared bankruptcy, it is likely to affect your score negatively.
Are you maxed out? Many scoring systems evaluate the amount of debt you have compared to your credit limits. If the amount you owe is close to your credit limit, it’s likely to have a negative effect on your score.

How long have you had credit? Generally, scoring systems consider the length of your credit track record. An insufficient credit history may affect your score negatively, but factors like timely payments and low balances can offset that.

Have you applied for new credit lately? Many scoring systems consider whether you have applied for credit recently by looking at “inquiries” on your credit report. If you have applied for too many new accounts recently, it could have a negative effect on your score. Every inquiry isn’t counted: for example, inquiries by creditors who are monitoring your account or looking at credit reports to make “prescreened” credit offers are not considered liabilities.

How many credit accounts do you have and what kinds of accounts are they? Although it is generally considered a plus to have established credit accounts, too many credit card accounts may have a negative effect on your score. In addition, many scoring systems consider the type of credit accounts you have. For example, under some scoring models, loans from finance companies may have a negative effect on your credit score.

Scoring models may be based on more than the information in your credit report. When you are applying for a mortgage loan, for example, the system may consider the amount of your down payment, your total debt, and your income, among other things.

Improving your score significantly is likely to take some time, but it can be done. To improve your credit score under most systems, focus on paying your bills in a timely way, paying down any outstanding balances, and staying away from new debt.

Are credit scoring systems reliable?
Credit scoring systems enable creditors or insurance companies to evaluate millions of applicants consistently on many different characteristics. To be statistically valid, these systems must be based on a big enough sample. They generally vary among businesses that use them.

Properly designed, credit scoring systems generally enable faster, more accurate, and more impartial decisions than individual people can make. And some creditors design their systems so that some applicants — those with scores not high enough to pass easily or low enough to fail absolutely — are referred to a credit manager who decides whether the company or lender will extend credit. Referrals can result in discussion and negotiation between the credit manager and the would-be borrower.

What if I am denied credit or insurance, or don’t get the terms I want?
If you are denied credit, the ECOA requires that the creditor give you a notice with the specific reasons your application was rejected or the news that you have the right to learn the reasons if you ask within 60 days. Ask the creditor to be specific: Indefinite and vague reasons for denial are illegal. Acceptable reasons might be “your income was low” or “you haven’t been employed long enough.” Unacceptable reasons include “you didn’t meet our minimum standards” or “you didn’t receive enough points on our credit scoring system.”

Sometimes you can be denied credit or insurance — or initially be charged a higher premium — because of information in your credit report. In that case, the FCRA requires the creditor or insurance company to give you the name, address, and phone number of the consumer reporting company that supplied the information. Contact the company to find out what your report said. This information is free if you ask for it within 60 days of being turned down for credit or insurance. The consumer reporting company can tell you what’s in your report; only the creditor or insurance company can tell you why your application was denied.

If a creditor or insurance company says you were denied credit or insurance because you are too near your credit limits on your credit cards, you may want to reapply after paying down your balances. Because credit scores are based on credit report information, a score often changes when the information in the credit report changes.

If you’ve been denied credit or insurance or didn’t get the rate or terms you want, ask questions:

Ask the creditor or insurance company if a credit scoring system was used. If it was, ask what characteristics or factors were used in the system, and how you can improve your application. If you get the credit or insurance, ask the creditor or insurance company whether you are getting the best rate and terms available. If you’re not, ask why.

If you are denied credit or not offered the best rate available because of inaccuracies in your credit report, be sure to dispute the inaccurate information with the consumer reporting company. To learn more about this right, see How to Dispute Credit Report Errors.

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 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.

What To Do About Old Chargeoffs And Collections

January 18th, 2008

If you have some outstanding debts that need to be cleaned up once and for all, here are the 2 best strategies to use:

  • VOD (Validation Of Debt)
     
  • DN (Debt Negotiation a/k/a Debt Settlement)

I’ll explain each strategy in detail, then give you some examples of when to use (and when not to use) each strategy.

Validation Of Debt

As outlined in the FDCPA (Fair Debt Collection Practices Act), if a bill collector is pursuing you for an unpaid debt, you have the right to see written proof that the alleged debt actually exists, hence the term “validation of debt”. And until that bill collector can produce the requested information to support their claim, they must halt their collection efforts against you. It’s that simple.

Here are some examples where you should invoke your right to see some documentation from the bill collector:

1. Dispute. If you receive a collection notice on an old outstanding debt that you believe you might owe, but the collection notice lists (A) an incorrect account number or (B) the claim total is way more than what truly might be owed, ask the bill collector to validate the debt. Mistakes and sloppy record keeping happen all the time. Therefore, I would want to see the supporting paperwork before I offer any money to the bill collector on a possible settlement.

2. The Debt Is Very Old. Even if you know that you owe the money, but the debt is pretty old (say, 2 years or more) you might want to ask the bill collector to produce the documentation because you just might get lucky. Remember, if they can’t produce the documentation to validate the debt, they must close their case against you and stop all collection efforts.

However, use the debt validation process wisely. If you know you owe the money and you believe that there is a very good chance that they will be able to produce the supporting documentation, you might want to just go straight to negotiating a settlement before any additional animosity is created. In other words, if a bill collector goes to the trouble of gathering all the paperwork to validate your claim, do you think they’ll be in much of a “mood” to offer you a decent settlement at that point.

Special Note: If a debt is still being handled by the original creditor such as Chase or Citibank, for example, don’t waste your time asking them to validate the debt because there is a 99.9% chance that they will be able to produce full supporting documentation. The older a debt is, the more likely there will be errors, and that’s the best time to request supporting documentation from a bill collector.

Debt Negotiation (a/k/a Debt Settlement)

Here are two situations where I believe attempting a negotiated settlement is the way to go.

1. The bill collector has successfully validated the debt. OK, they’ve got you. They’ve produced full supporting documentation to validate the debt. Now you need to quickly shift your focus to negotiating a settlement for less than full balance or working out a reasonable payment plan for the full balance. If you have the skill and confidence to go head to head with the bill collector, you can certainly do this yourself. On the other hand, if you’ve never done this before, you might be better off to have a professional debt negotiator do this for you.

2. Personal integrity. Rather than messing around with the whole “debt validation process” when you know you owe the money and there really is no dispute, how about just admitting that you owe the money and go straight for a settlement! You will almost always end up with better results this way. Personally, I have a lot of respect for people that are mature enough to say, “Hey, I owe the money, I’m sorry about what happened, let’s reach a settlement that works for everyone and let’s get on with life.”

Hope this helps. If you have any additional questions or need more information, please feel free to visit our website at http://www.hoffmanbrinker.com/?aid=7

About the Author
Mark Brinker is the founder/CEO of Hoffman, Brinker & Roberts, Inc. (http://www.hoffmanbrinker.com/?aid=7) Since 1995, Mr. Brinker has assisted individuals and small business owners in obtaining millions of dollars of debt relief by negotiating mutually acceptable settlements for less than full balance with creditors, collection agencies and attorneys.

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